Overview

Title

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.

ELI5 AI

The bill wants to make sure that when the U.S. counts how many people live here every ten years, they also ask if each person is a citizen. It also says that when deciding how many people each state gets to have in the House of Representatives, only citizens should count, not everyone who lives in the country.

Summary AI

S. 3659, also known as the "Equal Representation Act," proposes changes to the way the United States conducts its census and apportions Representatives. The bill mandates the inclusion of a citizenship question in the 2030 decennial census and all subsequent censuses. It requires a report on the number of citizens, nationals, and legal or illegal aliens per state and suggests that only U.S. citizens should be counted for apportioning Representatives in Congress. Additionally, the bill includes a clause ensuring that if any part of the Act is declared unconstitutional, the rest remains in effect.

Published

2024-01-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-25
Package ID: BILLS-118s3659is

Bill Statistics

Size

Sections:
4
Words:
722
Pages:
4
Sentences:
11

Language

Nouns: 216
Verbs: 49
Adjectives: 25
Adverbs: 10
Numbers: 22
Entities: 58

Complexity

Average Token Length:
4.09
Average Sentence Length:
65.64
Token Entropy:
4.77
Readability (ARI):
33.99

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the "Equal Representation Act," seeks to modify how the United States conducts its decennial census and determine the apportionment of Congressional representatives. Introduced in the Senate, this bill primarily mandates the inclusion of a citizenship question in the 2030 census and any subsequent censuses. Additionally, it proposes that the apportionment of Congressional seats and the allocation of electoral votes be based solely on the number of U.S. citizens, excluding noncitizens from these calculations.

Summary of Significant Issues

One of the major issues raised by this bill is the requirement to include a citizenship question on the census. Historically, such questions have been controversial, as they can lead to underreporting by certain population groups, particularly among immigrants. This underreporting could skew important data used for federal funding, policy-making, and ensuring fair representation.

Another significant issue lies in the new formula for apportionment. By excluding noncitizens from apportionment counts, areas with large immigrant populations may face underrepresentation, raising questions about equal representation. This change also poses potential challenges concerning compliance with constitutional provisions, which could lead to prolonged legal disputes.

Furthermore, the bill does not specify how citizenship data will be verified, bringing into question the accuracy and reliability of responses. Moreover, the lack of provisions safeguarding the privacy of respondents' citizenship information could further discourage participation, exacerbating underreporting concerns.

Impact on the Public

If enacted, this bill might reshape the landscape of political representation across the United States. Shifting to citizen-based apportionment could lead some states, particularly those with higher numbers of noncitizens, to lose Congressional seats, thereby altering the balance of political power. These changes may affect state funding and services dependent on census data, impacting public resources and infrastructure.

The inclusion of a citizenship question could have broad implications for data collection efforts, potentially diminishing the accuracy of census figures. This inaccuracy could extend to government planning and resource distribution, affecting public services that rely on precise demographic data.

Impact on Specific Stakeholders

For immigrant communities and advocacy groups, this bill may be seen as a threat to fair representation and an equitable distribution of resources. These stakeholders might argue that excluding noncitizens from population counts introduces systemic biases that marginalize their communities, diminishing their political influence.

Conversely, proponents of the bill could argue that it aims to ensure that elected officials represent constituents who are citizens and voters, potentially resonating with groups favoring stricter immigration policies and more citizen-focused governance.

State and local governments in areas with large immigrant populations could face negative impacts. Reduced representation might translate into lesser federal funding and less political clout to advocate for local interests. Legal disputes and challenges to the bill, focusing on constitutional and equal representation arguments, could create uncertainty and divide public opinion, influencing public discourse and policy agendas.

Overall, the "Equal Representation Act" raises both logistical and ethical questions about the nature of representation in a diverse and changing population landscape, making it a subject of substantial public interest and debate.

Issues

  • The inclusion of a citizenship question on the decennial census (Section 2) is controversial and could lead to underreporting in certain populations, potentially affecting the accuracy and fairness of the census data used for representation, funding, and policy-making.

  • The exclusion of noncitizens from the apportionment of Representatives and electoral votes (Section 3) could lead to underrepresentation of areas with high immigrant populations, raising concerns about equal representation and compliance with constitutional principles.

  • There is a lack of specific instructions on how the Secretary of Commerce will verify citizenship status responses (Section 2), risking the accuracy of data collection and increasing the potential for legal and administrative challenges.

  • The bill does not address how it will protect the privacy and confidentiality of citizenship information of census respondents (Section 2), which may heighten public concern and discourage participation.

  • The potential legal challenges stemming from the exclusionary language regarding noncitizens in apportionment (Section 3) may lead to prolonged litigation and uncertainty, impacting future census preparations.

  • Ambiguity in the term 'alien unlawfully residing in the United States' (Section 2) could create confusion and inconsistent self-reporting, impacting the validity of the collected data.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this act states that the law will be known as the “Equal Representation Act.”

2. Citizenship status on decennial census Read Opens in new tab

Summary AI

The section amends a part of the United States Code to require that starting from the 2030 Census, the census questionnaire will include a question asking respondents to specify their citizenship status. It also mandates that within 120 days after the census, the government must release the number of people in each state based on four categories: U.S. citizen, U.S. national but not a citizen, lawful resident alien, or unlawful resident alien.

3. Exclusion of noncitizens from number of persons used to determine apportionment of representatives and number of electoral votes Read Opens in new tab

Summary AI

The section proposes an amendment to exclude noncitizens from being counted when determining the number of Congressional representatives and electoral votes. This change would begin with the 2030 census and continue for future censuses.

4. Severability clause Read Opens in new tab

Summary AI

If any part of this Act is found to be unconstitutional, the rest of the Act will still remain in effect and be applied to other people and situations.