[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 419 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 419

     To require States to carry out Congressional redistricting in 
    accordance with a process under which members of the public are 
    informed of redistricting proposals and have the opportunity to 
    participate in the development of such proposals prior to their 
                   adoption, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2011

  Mr. Cooper (for himself, Mr. Barrow, Mr. Matheson, Mr. Cardoza, Mr. 
 Schiff, Ms. Loretta Sanchez of California, Mr. Boswell, Mr. Baca, Mr. 
 Altmire, Mr. Boren, Mr. Shuler, Mr. Ross of Arkansas, Ms. Harman, Mr. 
 Bishop of Georgia, Mr. Costa, Mr. Donnelly of Indiana, Mr. McIntyre, 
  Mr. Schrader, Mr. Holden, and Mr. Cuellar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To require States to carry out Congressional redistricting in 
    accordance with a process under which members of the public are 
    informed of redistricting proposals and have the opportunity to 
    participate in the development of such proposals prior to their 
                   adoption, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This Act may be cited as the ``Redistricting 
Transparency Act of 2011''.
    (b) Finding.--Congress finds that it has the authority to require 
States to follow certain procedures in carrying out Congressional 
redistricting after an apportionment of Members of the House of 
Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the fourteenth amendment to the Constitution gives Congress the 
        power to enact laws to enforce section 2 of such amendment, 
        which requires Representatives to be apportioned among the 
        several States according to their number.

SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES 
              PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.

    (a) Requirement.--
            (1) In general.--Notwithstanding any other provision of 
        law, any Congressional redistricting conducted by a State shall 
        be conducted in accordance with a process under which the 
        entity responsible for developing Congressional redistricting 
        plans in the State (hereafter in this Act referred to as the 
        ``State redistricting entity'')--
                    (A) in accordance with section 3, establishes and 
                operates an Internet site;
                    (B) in accordance with section 4, provides 
                opportunities for participation by members of the 
                public in the initial development of such plans;
                    (C) in accordance with section 5, provides 
                opportunities for members of the public to respond to 
                the proposed final Congressional redistricting plan; 
                and
                    (D) in accordance with section 6, notifies members 
                of the public regarding the final Congressional 
                redistricting plan adopted for the State.
            (2) Other procedures permitted.--Nothing in this Act or the 
        amendments made by this Act may be construed to prohibit a 
        State from conducting Congressional redistricting in accordance 
        with such procedures as the State considers appropriate, to the 
        extent that such procedures are consistent with the applicable 
        requirements of this Act and the amendments made by this Act.
            (3) No effect on redistricting for state or local 
        elections.--Nothing in this Act or the amendments made by this 
        Act may be construed to affect any procedures a State or a unit 
        of local government in a State may use to conduct redistricting 
        with respect to elections for State or local offices.
    (b) Conforming Amendment.--Section 22(c) 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(c)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in a manner 
consistent with the requirements of the Redistricting Transparency Act 
of 2011''.

SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.

    (a) Establishment and Operation of Site.--Each State redistricting 
entity shall establish and maintain a public Internet site which meets 
the following requirements:
            (1) The site is updated continuously to provide advance 
        notice of meetings held by the entity and to otherwise provide 
        timely information on the entity's activities.
            (2) The site contains the most recent available information 
        from the Bureau of the Census on voting-age population, voter 
        registration, and voting results in the State, including 
        precinct-level and census tract-level data with respect to such 
        information, as well as detailed maps reflecting such 
        information.
            (3) The site permits any individual to submit comments on 
        any plan proposed by the entity, and to submit questions, 
        comments, and other information with respect to the entity's 
        activities.
            (4) The site includes any other information the entity is 
        required to post under this Act.
    (b) Deadline for Posting of Comments Submitted by Public.--The 
State redistricting entity shall ensure that any comment submitted by a 
member of the public to the site established under this section, 
including a comment on any plan proposed by the entity or any other 
person, and any other comment relating to Congressional redistricting 
in the State, is posted on the site not later than 72 hours after 
submission.
    (c) Updating of Information.--The State redistricting entity shall 
take all actions necessary to ensure that the site established under 
this section is updated continuously to provide timely advance notice 
of the entity's meetings and to otherwise provide timely information on 
the entity's activities.
    (d) Deadline.--
            (1) In general.--The State redistricting entity shall 
        establish the site under this section as soon as practicable 
        after the completion of the regular decennial census, but in no 
        case later than the final deadline provided under section 22(b) 
        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) for the Clerk of the House of 
        Representatives to transmit to the State the notice of the 
        number of Representatives to which the State is entitled in the 
        following Congress.
            (2) Special rule for redistricting following 2010 census.--
        In the case of the regular decennial census conducted during 
        2010, the State redistricting entity shall establish the site 
        under this section not later than 90 days after the date of 
        enactment of this Act.

SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF 
              CONGRESSIONAL REDISTRICTING PLANS.

    During the 60-day period which begins on the date the State 
receives the notice referred to in section 3(d) (or, in the case of 
redistricting plans resulting from the regular decennial census 
conducted during 2010, during the 60-day period which begins on the 
date the State establishes the Internet site required under section 3), 
the State redistricting entity shall solicit the input of members of 
the public in its work to develop initial Congressional redistricting 
plans for the State by carrying out the following activities:
            (1) Publishing and posting on the Internet site established 
        under section 3 the criteria which the entity will use to 
        develop the Congressional redistricting plan for the State.
            (2) Holding at least one hearing in the State at which 
        members of the public may provide comments on such criteria and 
        any other issues relating to Congressional redistricting in the 
        State.
            (3) Publishing and posting the transcript of each such 
        hearing, or posting a link to a video recording of each such 
        hearing, on the Internet site not later than 7 days after the 
        conclusion of the hearing.

SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL 
              REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY.

    (a) Notice of Final Plan.--Not later than 10 days prior to adopting 
a final Congressional redistricting plan for the State, the State 
redistricting entity shall post on the Internet site established under 
section 3 (and, if practicable, cause to have published in newspapers 
of general circulation throughout the State) the following information:
            (1) A detailed version of the proposed final plan, 
        including--
                    (A) a map showing each Congressional district 
                established under the plan;
                    (B) a statement of the voting age population by 
                race and membership in a language minority group of 
                each such district; and
                    (C) a statement of the number of registered voters 
                in each such district, broken down by political party 
                affiliation to the extent that such information is 
                available under State law.
            (2) A statement explaining the entity's reasons for 
        adopting the proposed final plan and the reasons why the 
        adoption of the plan will best serve the public interest.
            (3) Any dissenting statement of any member of the entity 
        who did not approve the proposed final plan.
            (4) A statement that members of the public may submit 
        comments regarding the proposed final plan through the Internet 
        site, together with information on how members of the public 
        may submit such comments to the entity through other methods.
    (b) Public Hearing Prior to Adoption of Final Plan.--Not later than 
7 days prior to adopting the final Congressional redistricting plan for 
the State, the State redistricting entity shall hold at least one 
hearing in the State at which members of the public may provide 
comments on the plan and members of the entity may explain the reasons 
why the adoption of the plan will best serve the public interest. The 
entity shall publish and post the transcript of each such hearing, or 
post a link to a video recording of each such hearing, on the Internet 
site established under section 3.
    (c) Treatment of Amended and New Plans.--If, in response to public 
comment or for any other reason, the State redistricting entity posts 
an amended version of the proposed final Congressional redistricting 
plan which is posted on the Internet site under subsection (a) or posts 
a new proposed final Congressional redistricting plan, subsections (a) 
and (b) shall apply with respect to the amended version of the plan or 
the new plan in the same manner as such subsections apply with respect 
to the proposed final plan which is first posted under subsection (a), 
except to the extent that the application of such subsections would 
require the entity to violate a deadline established by State law for 
the submission of a final Congressional redistricting plan to the State 
legislature.

SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN.

    Not later than 7 days after the State redistricting entity adopts 
the final Congressional redistricting plan for the State, the entity 
shall post on the Internet site established under section 3 (and, if 
practicable, cause to have published in newspapers of general 
circulation throughout the State) the following information:
            (1) A detailed version of the plan, including--
                    (A) a map showing each Congressional district 
                established under the plan;
                    (B) a statement for each such district of the total 
                population and voting age population by race and 
                membership in a language minority group; and
                    (C) a statement of the number of registered voters 
                in each such district, broken down by political party 
                affiliation to the extent that such information is 
                available under State law.
            (2) To the extent that the State maintains data on the 
        number of registered voters by race and membership in a 
        language minority group, a statement for each such district of 
        the number of registered voters by race and membership in a 
        language minority group.
            (3) A statement explaining the entity's reasons for 
        adopting the plan and the reasons why the adoption of the plan 
        will best serve the public interest.
            (4) Any dissenting statements of any members of the entity 
        who did not approve the plan.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to any Congressional redistricting which occurs after the 
regular decennial census conducted during 2010.
                                 <all>