Equal Representation Act

#2205 | S Congress #119

Subjects:

Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (6/29/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Equal Representation Act" is a proposed piece of legislation aimed at modifying the decennial census process in the United States. The key provisions of the bill include:

1. **Citizenship Question on Census**: The Act mandates that the decennial census, starting with the 2030 census, include a question allowing respondents to indicate whether they are U.S. citizens. This will apply to each member of the household.

2. **Reporting of Census Statistics**: It requires the Secretary of Commerce to publicly disclose the number of individuals in each state, differentiated between U.S. citizens and noncitizens, within 120 days after the census is completed.

3. **Apportionment Based on Citizenship**: The bill proposes that the apportionment of Representatives in Congress and the allocation of electoral votes be based solely on the number of U.S. citizens rather than the total population, effectively excluding noncitizens from these calculations.

4. **Severability Clause**: If any part of this Act is deemed unconstitutional, the remaining provisions will still remain in effect.

Overall, the legislation reflects a significant shift in how representation is determined in Congress by focusing on U.S. citizens rather than the entire population.

Possible Impacts

The proposed "Equal Representation Act," as outlined in the legislation, could have several significant impacts on people, particularly in relation to citizenship status and representation. Here are three examples:

1. **Impact on Political Representation**: By modifying the apportionment of Representatives to be based solely on U.S. citizens rather than the total population, certain states with larger noncitizen populations may lose representation in Congress. This could lead to a political landscape where the voices and needs of noncitizen residents are less represented, potentially affecting policy decisions that impact communities with significant immigrant populations.

2. **Changes to Census Data and Resource Allocation**: The inclusion of a citizenship question in the decennial census could discourage noncitizens from participating in the census due to fear of repercussions or misunderstandings regarding data privacy. This undercounting could result in less federal funding for essential services (such as healthcare, education, and infrastructure) in areas with high noncitizen populations, adversely affecting the quality of life for all residents in those areas.

3. **Social and Community Implications**: The requirement to report census statistics disaggregated by citizenship status may foster increased division within communities. It could lead to stigmatization of noncitizens and further marginalize immigrant populations. Additionally, the focus on citizenship status could shift public discourse and policy towards a more exclusionary approach, impacting social cohesion and community relations, as well as potentially leading to increased tensions over immigration issues.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2205 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2205

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 29 (legislative day, June 28), 2025

  Mr. Hagerty (for himself, Mr. Marshall, Mr. Crapo, Mr. Sheehy, Mr. 
Justice, Mr. Risch, Mr. Tuberville, Mr. Budd, Mr. Cramer, Mr. Johnson, 
Mr. Daines, Ms. Lummis, Mr. Ricketts, Mr. Scott of Florida, Mr. Hoeven, 
  Mr. Lee, Mr. Schmitt, Mrs. Britt, and Mr. Lankford) 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 
                              individuals.

    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.

    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 
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 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 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.
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