S. 2205: Equal Representation Act (119th Congress) Bill Summary

The Equal Representation Act proposes several key changes regarding the decennial census and how representatives in Congress are apportioned. The main points of the bill are as follows:

1. Citizenship Question on Census

The bill mandates that the decennial census include a question whereby respondents must indicate whether they are U.S. citizens. This question will apply not only to the respondent but also to all members of their household.

2. Reporting of Census Statistics

Following the completion of each decennial census, the Secretary of Commerce will be required to publicly disclose the number of individuals in each state, separating the data into two categories: citizens of the United States and noncitizens. This information must be made available within 120 days after the census is conducted.

3. Apportionment of Representatives

The bill states that when determining how many Representatives each state gets in Congress, only U.S. citizens will be counted. This means that noncitizens will no longer factor into the population counts used for apportionment, starting with the apportionment based on the 2030 census and any subsequent censuses.

4. Severability Clause

This clause ensures that if any part of the Act is found to be unconstitutional, the rest of the provisions will still remain in effect. This is a common legal safeguard in legislation.