S. 3659 – Equal Representation Act

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Updated January 20, 2026 at 2:15 PM UTC

The Equal Representation Act would require the 2030 and future decennial censuses to ask each respondent whether they are a U.S. citizen, a U.S. national, a lawfully residing alien, or an unlawfully residing alien, and to publish the counts for each category. It also changes the formula for allocating House seats and electoral votes so that only U.S. citizens are counted, excluding non‑citizens. The changes affect how population data are collected and how congressional representation is apportioned for all states.

Key Provisions

Add a citizenship question to the 2030 census and all later censuses, offering four response options: citizen, national, lawfully residing alien, or unlawfully residing alien.
Require the Census Bureau to release state‑by‑state totals for each of those four categories within 120 days after the census is completed.
Amend the apportionment law to exclude non‑citizens from the population count used to determine each state’s number of Representatives and electoral votes.
Apply the new apportionment rule starting with the 2030 census and all subsequent censuses.
Include a severability clause so that if any part is found unconstitutional, the remaining provisions stay in effect.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

January 25, 2024

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SenateIntro Referral

Introduced in Senate

January 25, 2024

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

January 25, 2024

Bill Text

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Introduced in SenateIssued January 25, 2024

II

118th CONGRESS

2d Session

S. 3659

IN THE SENATE OF THE UNITED STATES

January 25, 2024

Mr. Hagerty (for himself, Mr. Cramer, Mr. Cassidy, Mr. Lankford, Mr. Schmitt, Mrs. Blackburn, Mr. Lee, Mr. Tuberville, Mr. Rounds, Mr. Ricketts, Mr. Budd, Ms. Lummis, Mr. Risch, Mr. Crapo, Mrs. Britt, Mr. Marshall, Mr. Braun, Mr. Thune, Mr. Daines, Mrs. Hyde-Smith, and Mr. Vance) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

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 persons.

1.

Short title

This Act may be cited as the Equal Representation Act.

2.

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.

.

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 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.

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.