II 
Calendar No. 386 
118TH CONGRESS 
2D SESSION 
H. R. 7109 
IN THE SENATE OF THE UNITED STATES 
MAY 9, 2024 
Received; read the first time 
MAY 14, 2024 
Read the second time and placed on the calendar 
AN ACT 
To require a citizenship question on the decennial census, 
to require reporting on certain census statistics, and 
to modify apportionment of Representatives to be based 
on United States citizens instead of all individuals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equal Representation 
Act’’. 
SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 
Section 141 of title 13, United States Code, is 
amended— 
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(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) In conducting the 2030 decennial census and 
each decennial census thereafter, the Secretary shall in-
clude in any questionnaire distributed or otherwise used 
for the purpose of determining the total population by 
States a checkbox or other similar option for the respond-
ent to indicate, for the respondent and for each of the 
members of the household of the respondent, whether that 
individual is a citizen of the United States. 
‘‘(2) Not later than 120 days after completion of a 
decennial census of the population under subsection (a), 
the Secretary shall make publicly available the number of 
individuals per State, disaggregated by citizens of the 
United States and noncitizens, as tabulated in accordance 
with this section.’’. 
SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 
PERSONS USED TO DETERMINE APPORTION-
MENT OF REPRESENTATIVES AND NUMBER 
OF ELECTORAL VOTES. 
(a) EXCLUSION.—Section 22(a) of the Act entitled 
‘‘An Act to provide for the fifteenth and subsequent decen-
nial censuses and to provide for apportionment of Rep-
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resentatives in Congress’’, approved June 18, 1929 (2 
U.S.C. 2a(a)), is amended by inserting after ‘‘not taxed’’ 
the following: ‘‘and individuals who are not citizens of the 
United States’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to the apportion-
ment of Representatives carried out pursuant to the de-
cennial census conducted during 2030 and any succeeding 
decennial census. 
SEC. 4. SEVERABILITY CLAUSE. 
If any provision of this Act or amendment made by 
this Act, or the application thereof to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of the provisions of this Act and amendments made by 
this Act, and the application of the provision or amend-
ment to any other person or circumstance, shall not be 
affected. 
Passed the House of Representatives May 8, 2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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Calendar No. 386 
118TH CONGRESS 
2D SESSION 
H. R. 7109 
AN ACT 
To require a citizenship question on the decennial 
census, to require reporting on certain census 
statistics, and to modify apportionment of Rep-
resentatives to be based on United States citizens 
instead of all individuals. 
MAY 14, 2024 
Read the second time and placed on the calendar 
VerDate Sep 11 2014 
23:43 May 14, 2024
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PO 00000
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