[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1527. Mr. TUBERVILLE 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 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 end, add the following:

                  DIVISION C--EQUAL REPRESENTATION ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Equal Representation 
     Act''.

     SEC. 4002. 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. 4003. 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. 4004. SEVERABILITY CLAUSE.

       If any provision of this division or amendment made by this 
     division, or the application thereof to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of the provisions of this division and amendments made by 
     this division, and the application of the provision or 
     amendment to any other person or circumstance, shall not be 
     affected.
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