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Senate Bill 3659
118th Congress(2023-2024)
Equal Representation Act
Introduced
Introduced
Introduced in Senate on Jan 25, 2024
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Introduced in Senate 
Jan 25, 2024
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Introduced in Senate(Jan 25, 2024)
Jan 25, 2024
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Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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S. 3659 (Introduced-in-Senate)


118th CONGRESS
2d Session
S. 3659


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 persons.

IN THE SENATE OF THE UNITED STATES

January 25, 2024

Mr. Hagerty (for himself, Mr. Cramer, Mr. Cassidy, Mr. Lankford, Mr. Schmitt, Mrs. Blackburn, Mr. Lee, Mr. Tuberville, Mr. Rounds, Mr. Ricketts, Mr. Budd, Ms. Lummis, Mr. Risch, Mr. Crapo, Mrs. Britt, Mr. Marshall, Mr. Braun, Mr. Thune, Mr. Daines, Mrs. Hyde-Smith, and Mr. Vance) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

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 persons.

Be it enacted by the Senate and House of Representatives 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.

(a) In general.—Section 141 of title 13, United States Code, is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following:

“(g) (1) In conducting the 2030 decennial census and each decennial census thereafter, the Secretary shall include 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 respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether that individual is—

“(A) a citizen of the United States;

“(B) a national of the United States but not a citizen of the United States;

“(C) an alien lawfully residing in the United States; or

“(D) an alien unlawfully residing in 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 persons per State, disaggregated by each of the 4 categories described in subparagraphs (A) through (D) of paragraph (1), as tabulated in accordance with this section.”.

SEC. 3. Exclusion of noncitizens from number of persons used to determine apportionment 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 decennial censuses and to provide for an apportionment of Representatives 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 apportionment of Representatives carried out pursuant to the decennial 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 circumstance, 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 amendment to any other person or circumstance, shall not be affected.