H.R. 7109House118th Congress (2023-2025)Passed House

Equal Representation Act

Introduced January 29, 2024

AI-Generated Summary

Updated January 20, 2026 at 2:18 PM UTC

The Equal Representation Act would add a question to the 2030 and future U.S. censuses asking whether each person is a U.S. citizen, require the government to publish citizen and non‑citizen counts by state, and change the way seats in the House of Representatives and electoral votes are allocated so that only U.S. citizens are counted. This would affect how congressional representation and electoral college votes are distributed among the states.

Key Provisions

  • Add a citizenship question to the decennial census questionnaire for the respondent and each household member, starting with the 2030 census.
  • Require the Census Bureau to release, within 120 days after each census, state‑by‑state totals separating citizens from non‑citizens.
  • Amend the apportionment formula so that non‑citizens are excluded from the population figures used to determine each state’s number of House seats and electoral votes, effective for the 2030 census and thereafter.

Legislative Activity

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22 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 386.

May 14, 2024

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HouseIntro Referral

Introduced in House

January 29, 2024

HouseIntro Referral

Referred to the House Committee on Oversight and Accountability.

January 29, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

April 10, 2024

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 20.

April 10, 2024

HouseCommittee

Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-476.

April 29, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 395.

April 29, 2024

HouseFloor

Rules Committee Resolution H. Res. 1194 Reported to House. Rule provides for consideration of H.R. 6192, H.R. 7109, H.J. Res. 109 and H.R. 2925. The resolution provides for consideration of H.R. 6192 under a structured rule and H.R. 7109, H.J. Res. 109, and H.R. 2925 under a closed rule. Rule provides for one hour of general debate on H.R. 6192, H.R. 7109, and H.J. Res. 109, and thirty minutes of general debate on H.R. 2925. One motion to recommit allowed on each bill.

May 6, 2024 • 8:05 PM

HouseFloor

Considered under the provisions of rule H. Res. 1194. (consideration: CR H2970-2977)

May 8, 2024 • 3:22 PM

HouseFloor

Rule provides for consideration of H.R. 6192, H.R. 7109, H.J. Res. 109 and H.R. 2925. The resolution provides for consideration of H.R. 6192 under a structured rule and H.R. 7109, H.J. Res. 109, and H.R. 2925 under a closed rule. Rule provides for one hour of general debate on H.R. 6192, H.R. 7109, and H.J. Res. 109, and thirty minutes of general debate on H.R. 2925. One motion to recommit allowed on each bill.

May 8, 2024 • 3:22 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 7109.

May 8, 2024 • 3:26 PM

HouseFloor

The previous question was ordered pursuant to the rule.

May 8, 2024 • 4:32 PM

HouseFloor

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 7109 is postponed.

May 8, 2024 • 4:32 PM

HouseFloor

Pursuant to clause 1(c) of rule XIX, the House proceeded with further consideration of H.R. 7109.

May 8, 2024 • 6:07 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2983-2986)

May 8, 2024 • 6:07 PM

HouseFloor

Ms. Manning moved to recommit to the Committee on Oversight and Accountability. (text: CR H2983-2984)

May 8, 2024 • 6:08 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

May 8, 2024 • 6:08 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 203 - 207 (Roll no. 192).

May 8, 2024 • 6:14 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 206 - 202 (Roll no. 193). (text of amendment in the nature of a substitute: CR H2970)

May 8, 2024 • 6:20 PM

HouseFloor

On passage Passed by the Yeas and Nays: 206 - 202 (Roll no. 193). (text of amendment in the nature of a substitute: CR H2970)

May 8, 2024 • 6:20 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 8, 2024 • 6:20 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

May 8, 2024 • 6:20 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

May 9, 2024

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 386.

May 14, 2024

Floor Debate

21 members

What members said about H.R. 7109 on the floor

14 Republicans7 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Sep 18, 2024

Mr. Speaker, I thank the gentlewoman from Indiana for yielding me the time, and I yield myself such time as I may consume. Mr. Speaker, it is good to be back on the House floor with the gentlewoman…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · May 8, 2024

Mr. Speaker, I yield myself such time as I may consume. The last President tried to include a citizenship question on the decennial Census in 2020 and tried to count only U.S. citizens for the…

Erin Houchin
Rep. Erin HouchinR-IN-9 · May 7, 2024

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1194 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

J. French Hill
Rep. J. French HillR-AR-2 · Sep 18, 2024

Mr. Speaker, I thank the gentleman from Montana for yielding to me. I have to start out, Mr. Speaker, and thank my friend Bruce Westerman, my colleague in the Arkansas delegation, for paying tribute…

Erin Houchin
Rep. Erin HouchinR-IN-9 · Sep 18, 2024

Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During…

Show 8 more
Joe Neguse
Rep. Joe NeguseD-CO-2 · May 7, 2024

Madam Speaker, I thank the gentlewoman from Indiana for the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, today is a serious day, a serious moment for this…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · May 8, 2024

Mr. Speaker, pursuant to House Resolution 1194, I call up the bill (H.R. 7109) to require a citizenship question on the decennial census, to require reporting on certain census statistics, and to…

Matthew M. Rosendale, Sr.
Rep. Matthew M. Rosendale, Sr.R-MT-2 · Sep 18, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the topic of this Special Order. Mr.…

Bill Hagerty
Sen. Bill HagertyR-TN · May 16, 2024

Mr. President, last week, the House of Representatives passed the Equal Representation Act. This commonsense bill would require that only U.S. citizens are counted for the purposes of allotting…

Chuck Edwards
Rep. Chuck EdwardsR-NC-11 · May 8, 2024

Mr. Speaker, I thank Mr. Biggs for leading this debate, and I thank Mr. Davidson for his co-leadership on this bill. Mr. Speaker, I will tell you what is an insult. The current situation is an insult…

Chuck Edwards
Rep. Chuck EdwardsR-NC-11 · Sep 18, 2024

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today on behalf of my constituents in western North Carolina to highlight the dire situation at our southern border and to…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Sep 18, 2024

Mr. Speaker, I thank the gentleman from Montana for yielding. I thank the gentleman from Arkansas (Mr. Hill), my dear friend and colleague, another Representative from Arkansas for joining me here at…

Tim Burchett
Rep. Tim BurchettR-TN-2 · Sep 18, 2024

Mr. Speaker, I thank the vice chair for yielding, first of all, and I thank his dedication to this country and his friendship to me, and he will be missed. He is a good dude. Mr. Speaker, the State…

Show 11 more
Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · May 7, 2024

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, we are here today because Republicans think appliances have more rights than people and because they think that creating and perpetuating…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · May 10, 2024

Mr. Speaker, I wish to reiterate Congress's intent to further describe its expectations of the executive branch when interpreting, administering, and complying with this bill's provisions should it…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · May 7, 2024

Mr. Speaker, I thank the gentlewoman from Indiana for yielding the time. With the ongoing migrant crisis in New York State, my district has sadly been on the front lines of Democratic policies that…

John W. Rose
Rep. John W. RoseR-TN-6 · Sep 18, 2024

Mr. Speaker, I appreciate the gentleman yielding tonight. Mr. Speaker, Vice President Kamala Harris' tenure as border czar has been a complete and absolute failure. For the folks who claim she was…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · May 8, 2024

Mr. Speaker, I thank my colleague for yielding. Those are a lot of words from the opposition to this bill to say that citizenship does not matter. That is basically their argument: We don't care if…

Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · May 7, 2024

Mr. Speaker, I rise today to oppose the rule under debate and to oppose H.R. 7109, the so-called Equal Representation Act. This GOP bill is designed to fundamentally change who is included in the…

Brian Schatz
Sen. Brian SchatzD-HI · May 16, 2024

Mr. President, reserving the right to object, a couple of points. The first point is actually the main point, which is that we had the toughest bipartisan bill on border security in generations on…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Sep 18, 2024

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, the reason we are here is because the average family of four is paying over $17,000 more per year thanks to the policies of the…

Ralph Norman
Rep. Ralph NormanR-SC-5 · Sep 18, 2024

Mr. Speaker, I thank and appreciate Mrs. Houchin for putting forward these bills. I am glad there are citizens up here listening to the two different points of view. We are totally different. Some of…

Kathy E. Manning
Rep. Kathy E. ManningD-NC-6 · May 8, 2024

Mr. Speaker, I thank my cousin, Representative Raskin, for yielding me time. We have wasted another legislative week on ludicrous messaging bills to defend the liberty of laundry and freedom for the…

Tim Burchett
Rep. Tim BurchettR-TN-2 · May 8, 2024

Mr. Speaker, it is always good to see Ranking Member Raskin with a good, healthy head of hair. God does listen to our prayers. We are glad he is with us and healthy. Mr. Speaker, my mama's prayers…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued May 14, 2024

II

Calendar No. 386

118th CONGRESS

2d Session

H. R. 7109

IN THE SENATE OF THE UNITED STATES

May 9, 2024

Received; read the first time

May 14, 2024

Read the second time and placed on the calendar

AN ACT

To require a citizenship question on the decennial census, to require reporting on certain census statistics, and to modify apportionment of Representatives to be based on United States citizens instead of all individuals.

1.

Short title

This Act may be cited as the Equal Representation Act.

2.

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 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 citizen of 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 individuals per State, disaggregated by citizens of the United States and noncitizens, as tabulated in accordance with this section.

.

3.

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 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.

4.

Severability clause

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

Passed the House of Representatives May 8, 2024.

Kevin F. McCumber,

Clerk.

May 14, 2024

Read the second time and placed on the calendar