[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3797 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3797

To prevent congressional reapportionment distortions by requiring that, 
  in the questionnaires used in the taking of any decennial census of 
    population, a checkbox or other similar option be included for 
 respondents to indicate citizenship status or lawful presence in the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2009

Ms. Foxx (for herself and Mr. Chaffetz) introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To prevent congressional reapportionment distortions by requiring that, 
  in the questionnaires used in the taking of any decennial census of 
    population, a checkbox or other similar option be included for 
 respondents to indicate citizenship status or lawful presence in the 
                             United States.

    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 ``Fairness in Representation Act''.

SEC. 2. CITIZENSHIP OR LAWFUL PRESENCE STATUS ON CENSUS QUESTIONNAIRES.

    In conducting the 2010 decennial census and every decennial census 
thereafter, the Secretary of Commerce 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 respondents to indicate citizenship status or lawful 
presence in the United States.

SEC. 3. PREVENTION OF CONGRESSIONAL REAPPORTIONMENT DISTORTIONS.

    (a) Adjustments To Prevent Distortions.--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) The Secretary shall make such adjustments in total population 
figures as may be necessary, using such methods and procedures as the 
Secretary determines feasible and appropriate, in order that those who 
are not United States citizens or are not lawfully present in the 
United States are not counted in tabulating population under subsection 
(b) for the purposes of apportionment of Representatives in Congress 
among the several States. Nothing in this subsection shall be construed 
to supersede section 195 of this title.''.
    (b) Conforming Amendment.--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'', of June 
18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``as ascertained 
under the seventeenth and each subsequent decennial census of the 
population'' and inserting ``as ascertained and reported under section 
141 of title 13, United States Code, for each decennial census of 
population''.
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