[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 643 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 643

   To establish the total number of Representatives at a number that 
   provides that the average number of constituents represented by a 
   Member from any State is equivalent to the number of constituents 
    represented by the Member from the least populous State and to 
 apportion Representatives among the States accordingly, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2023

Mr. Casten (for himself, Mr. Beyer, and Mr. Blumenauer) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Transportation and Infrastructure, 
and House Administration, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish the total number of Representatives at a number that 
   provides that the average number of constituents represented by a 
   Member from any State is equivalent to the number of constituents 
    represented by the Member from the least populous State and to 
 apportion Representatives among the States accordingly, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Equal Voices 
Act''.
    (b) Findings.--Congress finds the following:
            (1) Our Nation's founders intended the House of 
        Representatives to be the chamber closest to the American 
        people: ``the People's House''.
            (2) The number of Representatives in Congress has been 435 
        since 1911 when the U.S. population was 92,228,531 (1910 U.S. 
        Census). The U.S. population has grown to more than three times 
        that size to 331,449,281 in 2020 (2020 U.S. Census) while the 
        size of the House has remained the same.
            (3) Our electorate has changed significantly since the size 
        of the House last grew in 1911. Prior to the passage of the 
        19th Amendment in 1920, the Civil Rights Act in 1957, and the 
        Voting Rights Act in 1965, women and people of color faced 
        barriers and in some cases, legal prohibitions, to voting.
            (4) When the cap on the size of the House was statutorily 
        set in 1929, the average Member of the House represented 
        approximately 280,000 people, compared to approximately 762,000 
        people in 2020.
            (5) Based on the 2020 Census, individuals in the State with 
        the smallest population, Wyoming, had 1.3x more relative 
        representation compared to the national average district size.
            (6) Each Member of the House represents far more people on 
        average than legislators in nearly all developed and developing 
        democracies, and is an outlier among other member countries of 
        the Organization for Economic Cooperation and Development 
        (OECD), with nearly 3 times the citizen to representative ratio 
        as Japan, the country with next largest district size.
            (7) Representatives who serve fewer people are more likely 
        to have contact with their constituents, receive higher marks 
        for their constituent service, and better reflect the views of 
        their districts.

SEC. 2. ESTABLISHMENT OF NUMBER OF MEMBERS OF HOUSE OF REPRESENTATIVES 
              ON BASIS OF NUMBER OF CONSTITUENTS OF LEAST-POPULOUS 
              STATE.

    (a) Method for Determination of Number.--Section 22(a) of the Act 
entitled ``An Act to provide for the fifteenth and subsequent decennial 
census and to provide for apportionment of Representatives in 
Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended--
            (1) by striking ``(a) On the first day'' and inserting 
        ``(a)(1) On the first day'';
            (2) by striking ``the then existing number of 
        Representatives'' and inserting ``the number of Representatives 
        determined under paragraph (2)''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The number of Representatives determined under this paragraph 
is, with respect to a regular decennial census of the population of the 
United States, a number equal to--
            ``(A) the whole number of persons in all States (as shown 
        in the statement under paragraph (1)); divided by
            ``(B) the whole number of persons in the State with the 
        smallest whole number of persons (as shown in such statement),
rounded to the nearest whole odd number.''.
    (b) Conforming Amendment.--The first section and section 2 of the 
Act entitled ``An Act For the apportionment of Representatives in 
Congress among the several States under the Thirteenth Census'', 
approved August 8, 1911 (2 U.S.C. 2 note), are repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the first regular decennial census conducted 
after the date of the enactment of this Act and each subsequent 
decennial census.

SEC. 3. COMMISSION TO RECOMMEND NUMBER OF MEMBERS OF HOUSE OF 
              REPRESENTATIVES IN EVENT OF SIGNIFICANT POPULATION 
              CHANGE.

    (a) Establishment.--If, with respect to a regular decennial census 
of the population of the United States, the number of Representatives 
determined under section 22(a) of the Act entitled ``An Act to provide 
for the fifteenth and subsequent decennial census and to provide for 
apportionment of Representatives in Congress'', approved June 18, 1929 
(2 U.S.C. 2a(a)), as amended by section 2(a), is 15 percent greater or 
lesser than the number of Representatives determined under such section 
with respect to the previous regular decennial census, there shall be 
established in Congress a commission to carry out the duties described 
in subsection (d) with respect to the apportionment of Representatives 
resulting from that census.
    (b) Membership.--
            (1) Appointment.--A commission established under this 
        section shall consist of 15 members appointed as follows:
                    (A) 5 members appointed by the Speaker of the House 
                of Representatives.
                    (B) 5 members appointed by the minority leader of 
                the House of Representatives.
                    (C) 2 members appointed by the majority leader of 
                the Senate.
                    (D) 2 members appointed by the minority leader of 
                the Senate.
                    (E) One member who shall serve as the Chair of the 
                Commission, who shall be appointed by the vote of a 
                majority of the other members, of whom--
                            (i) at least 2 shall be members appointed 
                        by the Speaker of the House of Representatives;
                            (ii) at least 2 shall be members appointed 
                        by the minority leader of the House of 
                        Representatives;
                            (iii) at least one shall be one of the 
                        members appointed by the majority leader of the 
                        Senate; and
                            (iv) at least one shall be one of the 
                        members appointed by the minority leader of the 
                        Senate.
            (2) Deadline for appointment.--The appointing authorities 
        under paragraph (1) shall appoint the members of the commission 
        not later than 30 days after the President transmits to 
        Congress the statement showing the number of Representatives to 
        which each State is entitled under section 22(a) of the Act 
        entitled ``An Act to provide for the fifteenth and subsequent 
        decennial census and to provide for apportionment of 
        Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 
        2a(a)), as amended by section 2(a).
            (3) Qualifications.--In appointing members of the 
        commission, the appointing authorities under paragraph (1) 
        shall prioritize the appointment of individuals who are 
        qualified to assess the appropriate number of Members of the 
        House of Representatives because of their expertise or study of 
        politics, government, and related fields, and their 
        demonstrated ability to work in a nonpartisan manner.
            (4) Vacancy.--A vacancy in the commission shall be filled 
        in the same manner as the original appointment was made.
            (5) Compensation.--Members of the commission--
                    (A) shall be paid the daily equivalent of the 
                annual rate of basic pay payable for level V of the 
                Executive Schedule for each day (including travel time) 
                during which the member is engaged in the actual 
                performance of duties vested in the commission; and
                    (B) shall receive travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                applicable provisions under subchapter I of chapter 57 
                of title 5, United States Code.
    (c) Staff.--
            (1) Authority to appoint staff.--The chair of the 
        commission may appoint, prescribe the duties and 
        responsibilities of, and fix the pay of such staff as the chair 
        considers appropriate to assist the commission in carrying out 
        its duties, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this paragraph may exceed the rate of 
        pay for a member of the commission.
            (2) Experts and consultants.--Section 202(i) of the 
        Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)) shall 
        apply with respect to the commission in the same manner as such 
        section applies with respect to a standing committee of the 
        Senate.
    (d) Duties.--With respect to a regular decennial census, the 
commission shall carry out the following duties:
            (1) Analyzing the shifts in population among the States.
            (2) Analyzing how the application of section 22(a)(2) of 
        the Act entitled ``An Act to provide for the fifteenth and 
        subsequent decennial census and to provide for apportionment of 
        Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 
        2a(a)(2)), as added by section 2(a), will affect the ability of 
        the House of Representatives to carry out its responsibilities 
        in an effective manner.
            (3) Recommending the optimal number of Members of the House 
        and the optimal apportionment of Members among the States, 
        taking into account--
                    (A) shifts in population among the States;
                    (B) the need to reduce disparities in the size of 
                congressional districts; and
                    (C) the need to ensure that historically under 
                represented populations are not disenfranchised.
    (e) Powers.--
            (1) Hearings and other activities.--For the purpose of 
        carrying out its duties, the commission may hold such hearings 
        and undertake such other activities as the commission 
        determines to be necessary to carry out its duties.
            (2) Authority to use subpoenas.--The commission may require 
        by subpoena the attendance of such witnesses and the production 
        of such books, papers, and documents, as it considers 
        appropriate.
            (3) Access to legislative branch services.--The commission 
        shall have access to the services of the Architect of the 
        Capitol, the Government Accountability Office, the 
        Congressional Budget Office, and the Congressional Research 
        Service in the same manner and under the same terms and 
        conditions as any standing committee of the House of 
        Representatives or Senate.
    (f) Report.--The commission shall submit a report to Congress 
containing its recommendations under subsection (d)(3) not later than 6 
months after the publication of the regular decennial census of the 
population of the United States.
    (g) Termination.--A commission established under this section shall 
terminate 30 days after submitting the report under subsection (f).
    (h) Effective Date.--This section shall apply with respect to the 
second regular decennial census conducted after the date of the 
enactment of this Act and each subsequent decennial census.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROVISION OF ADDITIONAL 
              SPACE, FACILITIES, PERSONNEL, AND RESOURCES.

    There are authorized to be appropriated to the House of 
Representatives and the Architect of the Capitol for the fiscal year in 
which this Act is enacted and each succeeding fiscal year such sums as 
may be necessary to provide for any additional space, facilities, 
personnel, and other resources for the House which may be required as 
the result of the enactment of this Act.
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