[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S504-S505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1393. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CITIZENSHIP AND CONGRESSIONAL APPORTIONMENT.

       (a) Short Title.--This section may be cited as the ``Equal 
     Representation Act''.
       (b) 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 of each State, a 
     checkbox or other similar option for the respondent to 
     indicate, on behalf of the respondent and each member of the 
     respondent's household, whether such individual is--
       ``(A) a citizen of the United States;
       ``(B) a national of the United States who is not a citizen 
     of the United States;

[[Page S505]]

       ``(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 the completion of each 
     decennial census of population pursuant to 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.''.
       (c) Exclusion of Noncitizens From Number of Persons Used to 
     Determine Apportionment of Representatives and Number of 
     Electoral Votes.--
       (1) 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 ``and individuals who 
     are not citizens of the United States'' after ``not taxed''.
       (2) 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 each succeeding decennial census.
       (d) Severability.--If any provision of this section or of 
     an amendment made by this section, or the application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of the provisions of this 
     section and amendments made by this section, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected.
                                 ______