S.Amdt. 1393

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;

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``(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.
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