[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1102 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1102

   To require States to conduct Congressional redistricting through 
            independent commissions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2017

  Ms. Lofgren (for herself, Mr. Brendan F. Boyle of Pennsylvania, Ms. 
Brownley of California, Mr. Clay, Mr. Cohen, Mrs. Davis of California, 
   Mr. DeFazio, Mrs. Dingell, Mr. Ellison, Ms. Eshoo, Ms. Esty, Mr. 
Foster, Mr. Garamendi, Mr. Hastings, Mr. Hoyer, Mr. Huffman, Ms. Eddie 
  Bernice Johnson of Texas, Mr. Johnson of Georgia, Ms. Kaptur, Mrs. 
 Lawrence, Ms. Lee, Mr. Lowenthal, Ms. Matsui, Mr. Nadler, Ms. Norton, 
Mr. O'Rourke, Ms. Pelosi, Ms. Pingree, Mr. Price of North Carolina, Mr. 
 Quigley, Mr. Ryan of Ohio, Mr. Sarbanes, Mr. Schiff, Ms. Shea-Porter, 
Ms. Slaughter, Mr. Suozzi, Mr. Swalwell of California, Mr. Takano, Mr. 
    Thompson of California, Mr. Veasey, Mr. Welch, Mr. Delaney, Mr. 
    Yarmuth, Mr. Ted Lieu of California, Mr. Sherman, Mr. Larson of 
    Connecticut, Mr. Raskin, Mr. Brown of Maryland, and Mr. Nolan) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require States to conduct Congressional redistricting through 
            independent commissions, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Redistricting 
Reform Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Finding of constitutional authority.
         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

Sec. 101. Limit on Congressional redistricting after an apportionment.
Sec. 102. Requiring Congressional redistricting to be conducted through 
                            plan of independent State commission.
            TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 201. Independent redistricting commission.
Sec. 202. Establishment of selection pool of individuals eligible to 
                            serve as members of commission.
Sec. 203. Criteria for redistricting plan by independent commission; 
                            public notice and input.
Sec. 204. Establishment of related entities.
    TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 301. Enactment of plan developed by 3-judge court.
Sec. 302. Special rule for redistricting conducted under order of 
                            Federal court.
         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 401. Payments to States for carrying out redistricting.
Sec. 402. Civil enforcement.
Sec. 403. State apportionment notice defined.
Sec. 404. No effect on elections for State and local office.
Sec. 405. Effective date.

SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.

    Congress finds that it has the authority to establish the terms and 
conditions States must follow 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.

         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 101. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.

    The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo 
Samala and to provide for congressional redistricting'', approved 
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the 
following: ``A State which has been redistricted in the manner provided 
by law after an apportionment under 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), may not be redistricted again 
until after the next apportionment of Representatives under such 
section, unless a court requires the State to conduct such subsequent 
redistricting to comply with the Constitution or to enforce the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.).''.

SEC. 102. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH 
              PLAN OF INDEPENDENT STATE COMMISSION.

    (a) Use of Plan Required.--Notwithstanding any other provision of 
law, any Congressional redistricting conducted by a State shall be 
conducted in accordance with--
            (1) the redistricting plan developed and enacted into law 
        by the independent redistricting commission established in the 
        State, in accordance with title II; or
            (2) if a plan developed by such commission is not enacted 
        into law, the redistricting plan developed and enacted into law 
        by a 3-judge court of the United States District Court for the 
        District of Columbia, in accordance with section 301.
    (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 the manner 
provided by the Redistricting Reform Act of 2017''.

            TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS

SEC. 201. INDEPENDENT REDISTRICTING COMMISSION.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 204(a) shall establish an 
        independent redistricting commission for the State, which shall 
        consist of 12 members appointed by the agency as follows:
                    (A) The agency shall appoint 4 members on a random 
                basis from the majority category of the approved 
                selection pool (as described in section 202(b)(1)(A)).
                    (B) The agency shall appoint 4 members on a random 
                basis from the minority category of the approved 
                selection pool (as described in section 202(b)(1)(B)).
                    (C) The agency shall appoint 4 members on a random 
                basis from the independent category of the approved 
                selection pool (as described in section 202(b)(1)(C)).
            (2) Appointment of alternates to serve in case of 
        vacancies.--At the time the agency appoints the members of the 
        independent redistricting commission under paragraph (1) from 
        each of the categories referred to in such paragraph, the 
        agency shall, on a random basis, designate 2 other individuals 
        from such category to serve as alternate members who may be 
        appointed to fill vacancies in the commission in accordance 
        with paragraph (3).
            (3) Vacancy.--If a vacancy occurs in the commission with 
        respect to a member who was appointed from one of the 
        categories referred to in paragraph (1), the nonpartisan agency 
        shall fill the vacancy by appointing, on a random basis, one of 
        the 2 alternates from such category who was designated under 
        paragraph (2). At the time the agency appoints an alternate to 
        fill a vacancy under the previous sentence, the agency shall 
        designate, on a random basis, another individual from the same 
        category to serve as an alternate member, in accordance with 
        paragraph (2).
    (b) Procedures for Conducting Commission Business.--
            (1) Chair.--Members of an independent redistricting 
        commission established under this section shall select by 
        majority vote one member who was appointed from the independent 
        category of the approved selection pool described in section 
        202(b)(1)(C) to serve as chair of the commission. The 
        commission may not take any action to develop a redistricting 
        plan for the State under section 203 until the appointment of 
        the commission's chair.
            (2) Requiring majority approval for actions.--The 
        independent redistricting commission of a State may not publish 
        and disseminate any draft or final redistricting plan, or take 
        any other action, without the approval of at least--
                    (A) a majority of the whole membership of the 
                commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 202(b)(1).
            (3) Quorum.--A majority of the members of the commission 
        shall constitute a quorum.
    (c) Staff; Contractors.--
            (1) Staff.--The independent redistricting commission of a 
        State may appoint and set the pay of such staff as it considers 
        appropriate, subject to State law.
            (2) Contractors.--The independent redistricting commission 
        of a State may enter into such contracts with vendors as it 
        considers appropriate, subject to State law, except that any 
        such contract shall be valid only if approved by the vote of a 
        majority of the members of the commission, including at least 
        one member appointed from each of the categories of the 
        approved selection pool described in section 202(b)(1).
            (3) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, and any vendor with whom the 
        commission enters into a contract under this subsection, will 
        work in an impartial manner, and may require any person who 
        applies for an appointment to a staff position or for a 
        vendor's contract with the commission to provide information on 
        the person's history of political activity (including donations 
        to candidates, political committees, and political parties) as 
        a condition of the appointment or the contract.
    (d) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the earlier of--
                    (A) June 14 of the following year ending in the 
                numeral zero; or
                    (B) the day on which the nonpartisan agency 
                established or designated by a State under section 
                204(a) has, in accordance with section 202(b)(1), 
                submitted a selection pool to the Select Committee on 
                Redistricting for the State established under section 
                204(b).
            (2) Preservation of records.--The State shall ensure that 
        the records of the independent redistricting commission are 
        retained in the appropriate State archive in such manner as may 
        be necessary to enable the State to respond to any civil action 
        brought with respect to Congressional redistricting in the 
        State.

SEC. 202. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO 
              SERVE AS MEMBERS OF COMMISSION.

    (a) Criteria for Eligibility.--
            (1) In general.--An individual is eligible to serve as a 
        member of an independent redistricting commission if the 
        individual meets each of the following criteria:
                    (A) As of the date of appointment, the individual 
                is registered to vote in elections for Federal office 
                held in the State.
                    (B) During the 3-year period ending on the date of 
                the individual's appointment, the individual has been 
                continuously registered to vote with the same political 
                party, or has not been registered to vote with any 
                political party.
                    (C) The individual submits to the nonpartisan 
                agency established or designated by a State under 
                section 203, at such time and in such form as the 
                agency may require, an application for inclusion in the 
                selection pool under this section, and includes with 
                the application a written statement containing the 
                following information and assurances:
                            (i) A statement of the political party with 
                        which the individual is affiliated, if any.
                            (ii) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this Act in an honest, independent, and 
                        impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (iii) An assurance that, during the covered 
                        periods described in paragraph (3), the 
                        individual has not taken and will not take any 
                        action which would disqualify the individual 
                        from serving as a member of the commission 
                        under paragraph (2).
            (2) Disqualifications.--An individual is not eligible to 
        serve as a member of the commission if any of the following 
        applies during any of the covered periods described in 
        paragraph (3):
                    (A) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds public office or is a candidate for 
                election for public office.
                    (B) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual serves as an officer of a political party or 
                as an officer, employee, or paid consultant of a 
                campaign committee of a candidate for public office.
                    (C) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds a position as a registered lobbyist 
                under the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1601 et seq.) or an equivalent State or local law.
                    (D) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual is an employee of an elected public 
                official, a contractor with the legislature of the 
                State, or a donor to the campaign of any candidate for 
                public office (other than a donor who, during any of 
                such covered periods, gives an aggregate amount of 
                $20,000 or less to the campaigns of all candidates for 
                all public offices).
            (3) Covered periods described.--In this subsection, the 
        term ``covered period'' means, with respect to the appointment 
        of an individual to the commission, any of the following:
                    (A) The 5-year period ending on the date of the 
                individual's appointment.
                    (B) The period beginning on the date of the 
                individual's appointment and ending on August 14 of the 
                next year ending in the numeral one.
                    (C) The 5-year period beginning on the day after 
                the last day of the period described in subparagraph 
                (B).
            (4) Immediate family member defined.--In this subsection, 
        the term ``immediate family member'' means, with respect to an 
        individual, a father, stepfather, mother, stepmother, son, 
        stepson, daughter, stepdaughter, brother, stepbrother, sister, 
        stepsister, husband, wife, father-in-law, or mother-in-law.
    (b) Development and Submission of Selection Pool.--
            (1) In general.--Not later than June 15 of each year ending 
        in the numeral zero, the nonpartisan agency established or 
        designated by a State under section 204(a) shall develop and 
        submit to the Select Committee on Redistricting for the State 
        established under section 204(b) a selection pool of 36 
        individuals who are eligible to serve as members of the 
        independent redistricting commission of the State under this 
        Act, consisting of individuals in the following categories:
                    (A) A majority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the largest percentage of the registered voters in 
                the State who are affiliated with a political party (as 
                determined with respect to the most recent Statewide 
                election for Federal office held in the State for which 
                such information is available).
                    (B) A minority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the second largest percentage of the registered 
                voters in the State who are affiliated with a political 
                party (as so determined).
                    (C) An independent category, consisting of 12 
                individuals who are not affiliated with either of the 
                political parties described in subparagraph (A) or 
                subparagraph (B).
            (2) Factors taken into account in developing pool.--In 
        selecting individuals for the selection pool under this 
        subsection, the nonpartisan agency shall--
                    (A) to the maximum extent practicable, ensure that 
                the pool reflects the representative demographic groups 
                (including races, ethnicities, and genders) and 
                geographic regions of the State; and
                    (B) take into consideration the analytical skills 
                of the individuals selected in relevant fields 
                (including mapping, data management, law, community 
                outreach, demography, and the geography of the State) 
                and their ability to work on an impartial basis.
            (3) Determination of political party affiliation of 
        individuals in selection pool.--For purposes of this section, 
        an individual shall be considered to be affiliated with a 
        political party on the basis of the information the individual 
        provides in the application submitted under subsection 
        (a)(1)(D).
            (4) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic regions and demographic groups are aware of the 
        opportunity to serve on the independent redistricting 
        commission, including publicizing the role of the panel and 
        using newspapers, broadcast media, and online sources, 
        including ethnic media, to encourage individuals to apply for 
        inclusion in the selection pool developed under this 
        subsection.
            (5) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish a report describing the process by which the pool was 
        developed, and shall include in the report a description of how 
        the individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (6) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the selection pool from the nonpartisan 
                agency under paragraph (1), the Select Committee on 
                Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 201(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        replacement selection pool in accordance with 
                        subsection (c).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (c) Development of Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the selection pool submitted by the nonpartisan agency 
        under subsection (b), not later than 14 days after the 
        rejection, the nonpartisan agency shall develop and submit to 
        the Select Committee a replacement selection pool, under the 
        same terms and conditions that applied to the development and 
        submission of the selection pool under paragraphs (1) through 
        (5) of subsection (b). The replacement pool submitted under 
        this paragraph may include individuals who were included in the 
        rejected selection pool submitted under subsection (b), so long 
        as at least one of the individuals in the replacement pool was 
        not included in such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the replacement selection pool from the 
                nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 201(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        second replacement selection pool in accordance 
                        with subsection (d).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (d) Development of Second Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the replacement selection pool submitted by the 
        nonpartisan agency under subsection (c), not later than 14 days 
        after the rejection, the nonpartisan agency shall develop and 
        submit to the Select Committee a second replacement selection 
        pool, under the same terms and conditions that applied to the 
        development and submission of the selection pool under 
        paragraphs (1) through (5) of subsection (b). The second 
        replacement selection pool submitted under this paragraph may 
        include individuals who were included in the rejected selection 
        pool submitted under subsection (b) or the rejected replacement 
        selection pool submitted under subsection (c), so long as at 
        least one of the individuals in the replacement pool was not 
        included in either such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the second replacement selection pool from 
                the nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 201(a)(1); or
                            (ii) reject the pool, in which case--
                                    (I) the nonpartisan agency shall 
                                not develop or submit any other 
                                selection pool for purposes of this 
                                Act; and
                                    (II) the United States District 
                                Court for the District of Columbia 
                                shall develop and enact the 
                                redistricting plan for the State, in 
                                accordance with section 301.
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.

SEC. 203. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION; 
              PUBLIC NOTICE AND INPUT.

    (a) Development of Redistricting Plan.--
            (1) Criteria.--The independent redistricting commission of 
        a State shall develop a redistricting plan for the State in 
        accordance with the following criteria, prioritized according 
        to the following order:
                    (A) Districts shall each have equal population per 
                representative as nearly as practicable, in accordance 
                with the Constitution of the United States.
                    (B) To the extent not inconsistent with the above 
                criteria, districts shall comply with the Voting Rights 
                Act of 1965 (52 U.S.C. 10301 et seq.).
                    (C) To the extent not inconsistent with the above 
                criteria, districts shall be geographically contiguous.
                    (D) To the extent practicable and not inconsistent 
                with the above criteria, district boundaries shall 
                minimize the division of any community of interest, 
                municipality, county, or neighborhood. For purposes of 
                this subparagraph, a community of interest is a 
                contiguous population which shares common social or 
                economic interests that should be included within a 
                single district for purposes of its effective and fair 
                representation. Examples of such shared interests are 
                those common to an urban area, a rural area, an 
                industrial area, or an agricultural area, and those 
                common to areas in which the people share similar 
                living standards, use the same transportation 
                facilities, have similar work opportunities, or have 
                access to the same media of communication relevant to 
                the election process. Communities of interest shall not 
                include relationships with political parties, incumbent 
                officeholders, or political candidates.
                    (E) To the extent practicable and not inconsistent 
                with the above criteria, districts shall be 
                geographically compact such that nearby areas of 
                population are not bypassed for more distant areas of 
                population.
            (2) Factors prohibited from consideration.--In developing 
        the redistricting plan for the State, the independent 
        redistricting commission may not take into consideration any of 
        the following factors, except to the extent necessary to comply 
        with the Voting Rights Act of 1965:
                    (A) The political party affiliation or voting 
                history of the population of a district.
                    (B) The residence of any Member of the House of 
                Representatives or candidate.
    (b) Public Notice and Input.--
            (1) Use of open and transparent process.--The independent 
        redistricting commission of a State shall hold each of its 
        meetings in public, shall solicit and take into consideration 
        comments from the public throughout the process of developing 
        the redistricting plan for the State, and shall carry out its 
        duties in an open and transparent manner which provides for the 
        widest public dissemination reasonably possible of its proposed 
        and final redistricting plans.
            (2) Website.--The commission shall maintain a public 
        Internet site which is not affiliated with or maintained by the 
        office of any elected official and which includes the following 
        features:
                    (A) General information on the commission and its 
                members, including contact information.
                    (B) An updated schedule of commission hearings and 
                activities, including deadlines for the submission of 
                comments.
                    (C) All draft redistricting plans developed by the 
                commission under subsection (c) and the final 
                redistricting plan developed under subsection (d).
                    (D) Live streaming of commission hearings and an 
                archive of previous meetings and other commission 
                records.
                    (E) A method by which members of the public may 
                submit comments directly to the commission.
                    (F) Access to the demographic data used by the 
                commission to develop the proposed redistricting plans, 
                together with any software used to draw maps of 
                proposed districts.
            (3) Public comment period.--The commission shall solicit, 
        accept, and consider comments from the public with respect to 
        its duties, activities, and procedures at any time during the 
        period--
                    (A) which begins on January 1 of the year ending in 
                the numeral one; and
                    (B) which ends 7 days before the date of the 
                meeting at which the commission shall vote on approving 
                the final redistricting plan for enactment into law 
                under subsection (d)(2).
            (4) Meetings and hearings in various geographic 
        locations.--To the greatest extent practicable, the commission 
        shall hold its meetings and hearings in various geographic 
        regions and locations throughout the State.
    (c) Development and Publication of Preliminary Redistricting 
Plan.--
            (1) In general.--Prior to developing and publishing a final 
        redistricting plan under subsection (d), the independent 
        redistricting commission of a State shall develop and publish a 
        preliminary redistricting plan.
            (2) Minimum public hearings prior to development.--
                    (A) 3 hearings required.--Prior to developing a 
                preliminary redistricting plan under this subsection, 
                the commission shall hold not fewer than 3 public 
                hearings at which members of the public may provide 
                input and comments regarding the potential contents of 
                redistricting plans for the State and the process by 
                which the commission will develop the preliminary plan 
                under this subsection.
                    (B) Minimum period for notice prior to hearings.--
                The commission shall notify the public through the 
                website maintained under subsection (b)(2), as well as 
                through publication of notice in newspapers of general 
                circulation throughout the State, of the date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (3) Publication of preliminary plan.--
                    (A) In general.--The commission shall post the 
                preliminary redistricting plan developed under this 
                subsection, together with a report that includes the 
                commission's responses to any public comments received 
                under subsection (b)(3), on the website maintained 
                under subsection (b)(2), and shall provide for the 
                publication of each such plan in newspapers of general 
                circulation throughout the State.
                    (B) Minimum period for notice prior to 
                publication.--Not fewer than 14 days prior to the date 
                on which the commission posts and publishes the 
                preliminary plan under this paragraph, the commission 
                shall notify the public through the website maintained 
                under subsection (b)(2), as well as through publication 
                of notice in newspapers of general circulation 
                throughout the State, of the pending publication of the 
                plan.
            (4) Minimum period for public comment after publication of 
        plan.--The commission shall accept and consider comments from 
        the public with respect to the preliminary redistricting plan 
        published under paragraph (3) for not fewer than 30 days after 
        the date on which the plan is published.
            (5) Post-publication hearings.--
                    (A) 3 hearings required.--After posting and 
                publishing the preliminary redistricting plan under 
                paragraph (3), the commission shall hold not fewer than 
                3 public hearings at which members of the public may 
                provide input and comments regarding the preliminary 
                plan.
                    (B) Minimum period for notice prior to hearings.--
                The commission shall notify the public through the 
                website maintained under subsection (b)(2), as well as 
                through publication of notice in newspapers of general 
                circulation throughout the State, of the date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (6) Permitting multiple preliminary plans.--At the option 
        of the commission, after developing and publishing the 
        preliminary redistricting plan under this subsection, the 
        commission may develop and publish subsequent preliminary 
        redistricting plans, so long as the process for the development 
        and publication of each such subsequent plan meets the 
        requirements set forth in this subsection for the development 
        and publication of the first preliminary redistricting plan.
    (d) Process for Enactment of Final Redistricting Plan.--
            (1) In general.--After taking into consideration comments 
        from the public on any preliminary redistricting plan developed 
        and published under subsection (c), the independent 
        redistricting commission of a State shall develop and publish a 
        final redistricting plan for the State.
            (2) Meeting; final vote.--Not later than August 15 of each 
        year ending in the numeral one, the commission shall hold a 
        public hearing at which the members of the commission shall 
        vote on approving the final plan for enactment into law.
            (3) Publication of plan and accompanying materials.--Not 
        fewer than 14 days before the date of the meeting under 
        paragraph (2), the commission shall provide the following 
        information to the public through the website maintained under 
        subsection (b)(2), as well as through newspapers of general 
        circulation throughout the State:
                    (A) The final redistricting plan, including all 
                relevant maps.
                    (B) A report by the commission to accompany the 
                plan which provides the background for the plan and the 
                commission's reasons for selecting the plan as the 
                final redistricting plan, including responses to the 
                public comments received on any preliminary 
                redistricting plan developed and published under 
                subsection (c).
                    (C) Any dissenting or additional views with respect 
                to the plan of individual members of the commission.
            (4) Enactment.--The final redistricting plan developed and 
        published under this subsection shall be deemed to be enacted 
        into law if--
                    (A) the plan is approved by a majority of the whole 
                membership of the commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 202(b)(1) approves the plan.
    (e) Deadline.--The independent redistricting commission of a State 
shall approve a final redistricting plan for the State not later than 
August 15 of each year ending in the numeral one.

SEC. 204. ESTABLISHMENT OF RELATED ENTITIES.

    (a) Establishment or Designation of Nonpartisan Agency of State 
Legislature.--
            (1) In general.--Each State shall establish a nonpartisan 
        agency in the legislative branch of the State government to 
        appoint the members of the independent redistricting commission 
        for the State in accordance with section 201.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered to be nonpartisan if 
        under law the agency--
                    (A) is required to provide services on a 
                nonpartisan basis;
                    (B) is required to maintain impartiality; and
                    (C) is prohibited from advocating for the adoption 
                or rejection of any legislative proposal.
            (3) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to appoint the members of the independent 
        redistricting commission plan for the State under this Act, so 
        long as the agency meets the requirements for nonpartisanship 
        under this subsection.
            (4) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (3) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (5) Deadline.--The State shall meet the requirements of 
        this subsection not later than each August 15 of a year ending 
        in the numeral nine.
    (b) Establishment of Select Committee on Redistricting.--
            (1) In general.--Each State shall appoint a Select 
        Committee on Redistricting to approve or disapprove a selection 
        pool developed by the independent redistricting commission for 
        the State under section 202.
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                upper house.
                    (B) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the upper house.
                    (C) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                lower house.
                    (D) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the lower house.
            (3) Special rule for states with unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        Select Committee on Redistricting for the State under this 
        subsection shall consist of the following members:
                    (A) 2 members of the State legislature appointed by 
                the leader of the party with the greatest number of 
                seats in the legislature.
                    (B) 2 members of the State legislature appointed by 
                the leader of the party with the second greatest number 
                of seats in legislature.
            (4) Deadline.--The State shall meet the requirements of 
        this subsection not later than each January 15 of a year ending 
        in the numeral zero.

    TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

SEC. 301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

    (a) Development of Plan.--If any of the triggering events described 
in subsection (c) occur with respect to a State--
            (1) not later than December 15 of the year in which the 
        triggering event occurs, the United States District Court for 
        the District of Columbia, acting through a 3-judge court 
        convened pursuant to section 2284 of title 28, United States 
        Code, shall develop and publish the Congressional redistricting 
        plan for the State; and
            (2) the plan developed and published by the Court under 
        this subsection shall be deemed to be enacted on the date on 
        which the Court publishes the plan.
    (b) Procedures for Development of Plan.--
            (1) Criteria.--It is the sense of Congress that, in 
        developing a redistricting plan for a State under this section, 
        the Court should adhere to the same terms and conditions that 
        applied (or that would have applied, as the case may be) to the 
        development of a plan by the independent redistricting 
        commission of the State under section 203(a).
            (2) Access to information and records of commission.--The 
        Court shall have access to any information, data, software, or 
        other records and material that was used (or that would have 
        been used, as the case may be) by the independent redistricting 
        commission of the State in carrying out its duties under this 
        Act.
    (c) Triggering Events Described.--The ``triggering events'' 
described in this subsection are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency of the State legislature under section 
        204(a) prior to the expiration of the deadline set forth in 
        section 204(a)(5).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 204(b) prior to the expiration 
        of the deadline set forth in section 204(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve any selection pool under section 202 prior to the 
        expiration of the deadline set forth for the approval of the 
        second replacement selection pool in section 202(d)(2).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State prior to the expiration of the deadline set forth in 
        section 203(e).

SEC. 302. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF 
              FEDERAL COURT.

    If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965, section 203 shall apply with respect to the redistricting, except 
that the court may revise any of the deadlines set forth in such 
section if the court determines that a revision is appropriate in order 
to provide for a timely enactment of a new redistricting plan for the 
State.

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

    (a) Authorization of Payments.--Subject to subsection (d), not 
later than 30 days after a State receives a State apportionment notice, 
the Election Assistance Commission shall make a payment to the State in 
an amount equal to the product of--
            (1) the number of Representatives to which the State is 
        entitled, as provided under the notice; and
            (2) $150,000.
    (b) Use of Funds.--A State shall use the payment made under this 
section to establish and operate the State's independent redistricting 
commission, to implement the State redistricting plan, and to otherwise 
carry out Congressional redistricting in the State.
    (c) No Payment to States With Single Member.--The Election 
Assistance Commission shall not make a payment under this section to 
any State which is not entitled to more than one Representative under 
its State apportionment notice.
    (d) Requiring Submission of Selection Pool as Condition of 
Payment.--The Election Assistance Commission may not make a payment to 
a State under this section until the State certifies to the Commission 
that the nonpartisan agency established or designated by a State under 
section 204(a) has, in accordance with section 202(b)(1), submitted a 
selection pool to the Select Committee on Redistricting for the State 
established under section 204(b).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 402. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to carry out this Act.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State 
        redistricting plan which is enacted into law under section 203 
        to meet the requirements for such a plan under this Act may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to remedy the failure, so long as 
        the individual brings the action during the 45-day period which 
        begins on the date on which the plan is enacted into law.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (3) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (4) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (5) It shall be the duty of the district court and the 
        Supreme Court of the United States to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (d) Relation to Other Laws.--
            (1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this Act shall supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.).
            (2) Voting rights act of 1965.--Nothing in this Act 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).

SEC. 403. STATE APPORTIONMENT NOTICE DEFINED.

    In this Act, the ``State apportionment notice'' means, with respect 
to a State, the notice sent to the State from the Clerk of the House of 
Representatives 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), of the number of Representatives to which 
the State is entitled.

SEC. 404. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this Act or in any amendment made by this Act may be 
construed to affect the manner in which a State carries out elections 
for State or local office, including the process by which a State 
establishes the districts used in such elections.

SEC. 405. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to redistricting carried out pursuant to the decennial census 
conducted during 2020 or any succeeding decennial census.
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