I 111th CONGRESS 1st Session H. R. 3797 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.

1.

Short title

This Act may be cited as the Fairness in Representation Act.

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.

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.