H.R. 5449

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5449 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5449

To require congressional redistricting conducted by a State to be 
conducted in accordance with a redistricting plan developed and enacted 
into law by an independent redistricting commission established by the 
State, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 18, 2025

Ms. Lofgren (for herself, Ms. Brownley, Mr. Larson of Connecticut, Ms. 
Ross, Mr. Veasey, Mr. Aguilar, Ms. Barragan, Mr. Bell, Mr. Bera, Mr. 
Carbajal, Ms. Chu, Mr. Cisneros, Mr. Cleaver, Mr. Correa, Mr. Costa, 
Mr. DeSaulnier, Mr. Doggett, Ms. Friedman, Mr. Garamendi, Mr. Garcia of 
California, Mr. Gomez, Mr. Harder of California, Mr. Huffman, Mr. 
Johnson of Georgia, Ms. Kamlager-Dove, Mr. Khanna, Mr. Levin, Mr. 
Liccardo, Mr. Lieu, Ms. Matsui, Mr. Min, Mr. Mullin, Mr. Panetta, Ms. 
Pelosi, Mr. Peters, Ms. Rivas, Mr. Ruiz, Ms. Sanchez, Mr. Sherman, Ms. 
Simon, Mr. Swalwell, Mr. Takano, Mr. Thompson of California, Mrs. 
Torres of California, Mr. Tran, Mr. Whitesides, Ms. Waters, Ms. Jacobs, 
Mr. Gray, Mr. Landsman, Mr. Vargas, Mr. Carson, and Mr. Mrvan) 
introduced the following bill; which was referred to the Committee on 
the Judiciary

_______________________________________________________________________

A BILL

To require congressional redistricting conducted by a State to be 
conducted in accordance with a redistricting plan developed and enacted 
into law by an independent redistricting commission established by the 
State, 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; STATEMENT OF CONSTITUTIONAL AUTHORITY; TABLE OF 
CONTENTS.

(a) Short Title.--This Act may be cited as the ``Redistricting 
Reform Act of 2025''.
(b) 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;
(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;
(3) 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 1 of such amendment, 
including protections against excessive partisan gerrymandering 
that Federal courts have not enforced because they understand 
such enforcement to be committed to Congress by the 
Constitution;
(4) of the authority granted to Congress to enforce article 
IV, section 4, of the Constitution, and the guarantee of a 
Republican Form of Government to every State, which Federal 
courts have not enforced because they understand such 
enforcement to be committed to Congress by the Constitution; 
and
(5) requiring States to use uniform redistricting criteria 
is an appropriate and important exercise of such authority.
(c) Table of Contents.--The table of contents of this Act is as 
follows:

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

Sec. 101. Requiring congressional redistricting to be conducted through 
plan of independent State commission.
Sec. 102. Ban on mid-decade redistricting.
Sec. 103. Criteria for redistricting.
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. Public notice and input.
Sec. 204. Establishment of related entities.
Sec. 205. Report on diversity of memberships of independent 
redistricting commissions.
TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 301. Failure by State to enact plan.
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.

TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 101. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH 
PLAN OF INDEPENDENT STATE COMMISSION.

(a) Use of Plan Required.--Notwithstanding any other provision of 
law, and except as provided in subsection (c) and subsection (d), 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, 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 2025''.
(c) Special Rule for Existing Commissions.--Subsection (a) does not 
apply to any State in which, under law in effect continuously on and 
after the date of the enactment of this Act, congressional 
redistricting is carried out in accordance with a plan developed and 
approved by an independent redistricting commission which is in 
compliance with each of the following requirements:
(1) Publicly available application process.--Membership on 
the commission is open to citizens of the State through a 
publicly available application process.
(2) Disqualifications for government service and political 
appointment.--Individuals who, for a covered period of time as 
established by the State, hold or have held public office, 
individuals who are or have been candidates for elected public 
office, and individuals who serve or have served as an officer, 
employee, or paid consultant of a campaign committee of a 
candidate for public office are disqualified from serving on 
the commission.
(3) Screening for conflicts.--Individuals who apply to 
serve on the commission are screened through a process that 
excludes persons with conflicts of interest from the pool of 
potential commissioners.
(4) Multi-partisan composition.--Membership on the 
commission represents those who are affiliated with the two 
political parties whose candidates received the most votes in 
the most recent statewide election for Federal office held in 
the State, as well as those who are unaffiliated with any party 
or who are affiliated with political parties other than the two 
political parties whose candidates received the most votes in 
the most recent statewide election for Federal office held in 
the State.
(5) Criteria for redistricting.--Members of the commission 
are required to meet certain criteria in the map drawing 
process, including minimizing the division of communities of 
interest and a ban on drawing maps to favor a political party.
(6) Public input.--Public hearings are held and comments 
from the public are accepted before a final map is approved.
(7) Broad-based support for approval of final plan.--The 
approval of the final redistricting plan requires a majority 
vote of the members of the commission, including the support of 
at least one member of each of the following:
(A) Members who are affiliated with the political 
party whose candidate received the most votes in the 
most recent statewide election for Federal office held 
in the State.
(B) Members who are affiliated with the political 
party whose candidate received the second most votes in 
the most recent statewide election for Federal office 
held in the State.
(C) Members who are not affiliated with any 
political party or who are affiliated with political 
parties other than the political parties described in 
subparagraphs (A) and (B).
(d) Treatment of State of Iowa.--Subsection (a) does not apply to 
the State of Iowa, so long as congressional redistricting in such State 
is carried out in accordance with a plan developed by the Iowa 
Legislative Services Agency with the assistance of a Temporary 
Redistricting Advisory Commission, under law which was in effect for 
the most recent congressional redistricting carried out in the State 
prior to the date of the enactment of this Act and which remains in 
effect continuously on and after the date of the enactment of this Act.

SEC. 102. BAN ON MID-DECADE REDISTRICTING.

(a) Ban.--A State that has been redistricted in accordance with 
this Act and a State described in section 101(c) or section 101(d) may 
not be redistricted again until after the next apportionment of 
Representatives 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), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), the Constitution of the State, or the terms or conditions of 
this Act.
(b) Applicability of Remedies for Noncompliance.--Section 402 
applies with respect to a violation of subsection (a) in the same 
manner as such section applies with respect to a violation of any other 
provision of this Act, and the remedies available pursuant to such 
section may be applied with respect to a violation of subsection (a).
(c) Effective Date.--This section shall apply with respect to 
redistricting carried out pursuant to the decennial census conducted 
during 2020 or any succeeding decennial census.

SEC. 103. CRITERIA FOR REDISTRICTING.

(a) Requiring Plans To Meet Criteria.--A State may not use a 
congressional redistricting plan that is not in compliance with this 
section.
(b) Ranked Criteria.--Under the redistricting plan of a State, 
there shall be established single-member congressional districts using 
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States 
Constitution, including the requirement that they substantially 
equalize total population.
(2) Districts shall comply with the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.), including by creating any 
districts where, if based upon the totality of the 
circumstances, 2 or more politically cohesive groups protected 
by such Act are able to elect representatives of choice in 
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the 
totality of the circumstances warrant, to ensure the practical 
ability of a group protected under the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.) to participate in the political 
process and to nominate candidates and to elect representatives 
of choice is not diluted or diminished, regardless of whether 
or not such protected group constitutes a majority of a 
district's citizen voting age population.
(B) For purposes of subparagraph (A), the assessment of 
whether a protected group has the practical ability to nominate 
candidates and to elect representatives of choice shall require 
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in 
the relevant geographic region.
(iii) If there is racially polarized voting in the 
relevant geographic region, whether the preferred 
candidates of the group nevertheless receive a 
sufficient amount of consistent crossover support from 
other voters such that the group is a functional 
majority with the ability to both nominate candidates 
and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of 
interest and neighborhoods to the extent practicable after 
compliance with the requirements of paragraphs (1) through (3). 
A community of interest is defined as an area for which the 
record before the entity responsible for developing and 
adopting the redistricting plan demonstrates the existence of 
broadly shared interests and representational needs, including 
shared interests and representational needs rooted in common 
ethnic, racial, economic, Indian, social, cultural, geographic, 
or historic identities, or arising from similar socioeconomic 
conditions. The term communities of interest may, if the record 
warrants, include political subdivisions such as counties, 
municipalities, Indian lands, or school districts, but shall 
not include common relationships with political parties or 
political candidates.
(B) For purposes of subparagraph (A), in considering the 
needs of multiple, overlapping communities of interest, the 
entity responsible for developing and adopting the 
redistricting plan shall give greater weight to those 
communities of interest whose representational needs would most 
benefit from the community's inclusion in a single 
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan 
to conduct an election that, when considered on a statewide 
basis, has been drawn with the intent or has the effect of 
materially favoring or disfavoring any political party.
(2) Determination of effect.--The determination of whether 
a redistricting plan has the effect of materially favoring or 
disfavoring a political party shall be based on an evaluation 
of the totality of circumstances which, at a minimum, shall 
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide 
general elections for Federal office held over the 8 
years preceding the adoption of the redistricting plan 
setting forth the probable electoral outcomes for the 
plan under a range of reasonably foreseeable 
conditions.
(B) An analysis of whether the redistricting plan 
is statistically likely to result in partisan advantage 
or disadvantage on a statewide basis, the degree of any 
such advantage or disadvantage, and whether such 
advantage or disadvantage is likely to be present under 
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes 
for the redistricting plan to the modeled electoral 
outcomes for alternative plans that demonstrably comply 
with the requirements of paragraphs (1), (2), and (3) 
of subsection (b) in order to determine whether 
reasonable alternatives exist that would result in 
materially lower levels of partisan advantage or 
disadvantage on a statewide basis. For purposes of this 
subparagraph, alternative plans considered may include 
both actual plans proposed during the redistricting 
process and other plans prepared for purposes of 
comparison.
(D) Any other relevant information, including how 
broad support for the redistricting plan was among 
members of the entity responsible for developing and 
adopting the plan and whether the processes leading to 
the development and adoption of the plan were 
transparent and equally open to all members of the 
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under 
section 402 in which a party asserts a claim that a 
State has enacted a redistricting plan which is in 
violation of this subsection, a party may file a motion 
not later than 30 days after the enactment of the plan 
(or, if later, not later than 30 days after the 
effective date of this Act) requesting that the court 
determine whether a presumption of such a violation 
exists. If such a motion is timely filed, the court 
shall hold a hearing not later than 15 days after the 
date the motion is filed to assess whether a 
presumption of such a violation exists.
(B) Assessment.--To conduct the assessment required 
under subparagraph (A), the court shall do the 
following:
(i) Determine the number of congressional 
districts under the plan that would have been 
carried by each political party's candidates 
for the office of President and the office of 
Senator in the 2 most recent general elections 
for the office of President and the 2 most 
recent general elections for the office of 
Senator (other than special general elections) 
immediately preceding the enactment of the 
plan, except that if a State conducts a primary 
election for the office of Senator which is 
open to candidates of all political parties, 
the primary election shall be used instead of 
the general election and the number of 
districts carried by a party's candidates for 
the office of Senator shall be determined on 
the basis of the combined vote share of all 
candidates in the election who are affiliated 
with such party.
(ii) Determine, for each of the 4 elections 
assessed under clause (i), whether the number 
of districts that would have been carried by 
any party's candidate as determined under 
clause (i) results in partisan advantage or 
disadvantage in excess of 7 percent or one 
congressional district, whichever is greater, 
as determined by standard quantitative measures 
of partisan fairness that relate a party's 
share of the statewide vote to that party's 
share of seats.
(C) Presumption of violation.--A plan is presumed 
to violate paragraph (1) if it exceeds the threshold 
described in clause (ii) of subparagraph (B) with 
respect to 2 or more of the 4 elections assessed under 
such subparagraph.
(D) Stay of use of plan.--Notwithstanding any other 
provision of this Act, in any action under this 
paragraph, the following rules shall apply:
(i) Upon filing of a motion under 
subparagraph (A), a State's use of the plan 
which is the subject of the motion shall be 
automatically stayed pending resolution of such 
motion.
(ii) If after considering the motion, the 
court rules that the plan is presumed under 
subparagraph (C) to violate paragraph (1), a 
State may not use such plan until and unless 
the court which is carrying out the 
determination of the effect of the plan under 
paragraph (2) determines that, notwithstanding 
the presumptive violation, the plan does not 
violate paragraph (1).
(E) No effect on other assessments.--The absence of 
a presumption of a violation with respect to a 
redistricting plan as determined under this paragraph 
shall not affect the determination of the effect of the 
plan under paragraph (2).
(4) Determination of intent.--A court may rely on all 
available evidence when determining whether a redistricting 
plan was drawn with the intent to materially favor or disfavor 
a political party, including evidence of the partisan effects 
of a plan, the degree of support the plan received from members 
of the entity responsible for developing and adopting the plan, 
and whether the processes leading to development and adoption 
of the plan were transparent and equally open to all members of 
the entity and to the public.
(5) No violation based on certain criteria.--No 
redistricting plan shall be found to be in violation of 
paragraph (1) because of the proper application of the criteria 
set forth in paragraphs (1), (2), or (3) of subsection (b), 
unless one or more alternative plans could have complied with 
such paragraphs without having the effect of materially 
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the State may not take into 
consideration any of the following factors, except as necessary to 
comply with the criteria described in paragraphs (1) through (3) of 
subsection (b), to achieve partisan fairness and comply with subsection 
(b), and to enable the redistricting plan to be measured against the 
external metrics described in section 203(d):
(1) The residence of any Member of the House of 
Representatives or candidate.
(2) The political party affiliation or voting history of 
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria not 
set forth in this section to justify non-compliance with the 
requirements of this section.
(f) Applicability.--This section applies to any authority, whether 
appointed, elected, judicial, or otherwise, responsible for enacting 
the congressional redistricting plan of a State.
(g) Severability of Criteria.--If any of the criteria set forth in 
this section, or the application of such criteria to any person or 
circumstance, is held to be unconstitutional, the remaining criteria 
set forth in this section, and the application of such criteria to any 
person or circumstance, shall not be affected by the holding.

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 15 members appointed by the agency as follows:
(A) Not later than October 1 of a year ending in 
the numeral zero, the agency shall, at a public meeting 
held not earlier than 15 days after notice of the 
meeting has been given to the public, first appoint 6 
members as follows:
(i) The agency shall appoint 2 members on a 
random basis from the majority category of the 
approved selection pool (as described in 
section 202(b)(1)(A)).
(ii) The agency shall appoint 2 members on 
a random basis from the minority category of 
the approved selection pool (as described in 
section 202(b)(1)(B)).
(iii) The agency shall appoint 2 members on 
a random basis from the independent category of 
the approved selection pool (as described in 
section 202(b)(1)(C)).
(B) Not later than November 15 of a year ending in 
the numeral zero, the members appointed by the agency 
under subparagraph (A) shall, at a public meeting held 
not earlier than 15 days after notice of the meeting 
has been given to the public, then appoint 9 members as 
follows:
(i) The members shall appoint 3 members 
from the majority category of the approved 
selection pool (as described in section 
202(b)(1)(A)).
(ii) The members shall appoint 3 members 
from the minority category of the approved 
selection pool (as described in section 
202(b)(1)(B)).
(iii) The members shall appoint 3 members 
from the independent category of the approved 
selection pool (as described in section 
202(b)(1)(C)).
(2) Rules for appointment of members appointed by first 
members.--
(A) Affirmative vote of at least 4 members.--The 
appointment of any of the 9 members of the independent 
redistricting commission who are appointed by the first 
members of the commission pursuant to subparagraph (B) 
of paragraph (1), as well as the designation of 
alternates for such members pursuant to subparagraph 
(B) of paragraph (3) and the appointment of alternates 
to fill vacancies pursuant to subparagraph (B) of 
paragraph (4), shall require the affirmative vote of at 
least 4 of the members appointed by the nonpartisan 
agency under subparagraph (A) of paragraph (1), 
including at least one member from each of the 
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9 
members pursuant to subparagraph (B) of paragraph (1), 
as well as in designating alternates pursuant to 
subparagraph (B) of paragraph (3) and in appointing 
alternates to fill vacancies pursuant to subparagraph 
(B) of paragraph (4), the first members of the 
independent redistricting commission shall ensure that 
the membership is representative of the demographic 
groups (including racial, ethnic, economic, and gender) 
and geographic regions of the State, and provides 
racial, ethnic, and language minorities protected under 
the Voting Rights Act of 1965 with a meaningful 
opportunity to participate in the development of the 
State's redistricting plan.
(3) Designation of alternates to serve in case of 
vacancies.--
(A) Members appointed by agency.--At the time the 
agency appoints the members of the independent 
redistricting commission under subparagraph (A) of 
paragraph (1) from each of the categories referred to 
in such subparagraph, 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 (4).
(B) Members appointed by first members.--At the 
time the members appointed by the agency appoint the 
other members of the independent redistricting 
commission under subparagraph (B) of paragraph (1) from 
each of the categories referred to in such 
subparagraph, the members shall, in accordance with the 
special rules described in paragraph (2), 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 (4).
(4) Appointment of alternates to serve in case of 
vacancies.--
(A) Members appointed by agency.--If a vacancy 
occurs in the commission with respect to a member who 
was appointed by the nonpartisan agency under 
subparagraph (A) of paragraph (1) from one of the 
categories referred to in such subparagraph, the agency 
shall fill the vacancy by appointing, on a random 
basis, one of the 2 alternates from such category who 
was designated under subparagraph (A) of paragraph (3). 
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 subparagraph (A) of paragraph (3).
(B) Members appointed by first members.--If a 
vacancy occurs in the commission with respect to a 
member who was appointed by the first members of the 
commission under subparagraph (B) of paragraph (1) from 
one of the categories referred to in such subparagraph, 
the first members shall, in accordance with the special 
rules described in paragraph (2), fill the vacancy by 
appointing one of the 2 alternates from such category 
who was designated under subparagraph (B) of paragraph 
(3). At the time the first members appoint an alternate 
to fill a vacancy under the previous sentence, the 
first members shall, in accordance with the special 
rules described in paragraph (2), designate another 
individual from the same category to serve as an 
alternate member, in accordance with subparagraph (B) 
of paragraph (3).
(5) Removal.--A member of the independent redistricting 
commission may be removed by a majority vote of the remaining 
members of the commission if it is shown by a preponderance of 
the evidence that the member is not eligible to serve on the 
commission under section 202(a).
(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.--Under a public application process in which all 
application materials are available for public inspection, the 
independent redistricting commission of a State shall appoint 
and set the pay of technical experts, legal counsel, 
consultants, and such other 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) Reports on expenditures for political activity.--
(A) Report by applicants.--Each individual who 
applies for a position as an employee of the 
independent redistricting commission and each vendor 
who applies for a contract with the commission shall, 
at the time of applying, file with the commission a 
report summarizing--
(i) any expenditure for political activity 
made by such individual or vendor during the 10 
most recent calendar years; and
(ii) any income received by such individual 
or vendor during the 10 most recent calendar 
years which is attributable to an expenditure 
for political activity.
(B) Annual reports by employees and vendors.--Each 
person who is an employee or vendor of the independent 
redistricting commission shall, not later than 1 year 
after the person is appointed as an employee or enters 
into a contract as a vendor (as the case may be) and 
annually thereafter for each year during which the 
person serves as an employee or a vendor, file with the 
commission a report summarizing the expenditures and 
income described in subparagraph (A) during the 10 most 
recent calendar years.
(C) Expenditure for political activity defined.--In 
this paragraph, the term ``expenditure for political 
activity'' means a disbursement for any of the 
following:
(i) An independent expenditure, as defined 
in section 301(17) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101(17)).
(ii) An electioneering communication, as 
defined in section 304(f)(3) of such Act (52 
U.S.C. 30104(f)(3)) or any other public 
communication, as defined in section 301(22) of 
such Act (52 U.S.C. 30101(22)) that would be an 
electioneering communication if it were a 
broadcast, cable, or satellite communication.
(iii) Any dues or other payments to trade 
associations or organizations described in 
section 501(c) of the Internal Revenue Code of 
1986 and exempt from tax under section 501(a) 
of such Code that are, or could reasonably be 
anticipated to be, used or transferred to 
another association or organization for a use 
described in paragraph (1), (2), or (4) of 
section 501(c) of such Code.
(4) 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 beyond the 
information on the person's expenditures for political activity 
provided in the reports required under paragraph (3) (including 
donations to candidates, political committees, and political 
parties) as a condition of the appointment or the contract.
(5) Disqualification; waiver.--
(A) In general.--The independent redistricting 
commission may not appoint an individual as an 
employee, and may not enter into a contract with a 
vendor, if the individual or vendor meets any of the 
criteria for the disqualification of an individual from 
serving as a member of the commission which are set 
forth in section 202(a)(2).
(B) Waiver.--The commission may by unanimous vote 
of its members waive the application of subparagraph 
(A) to an individual or a vendor after receiving and 
reviewing the report filed by the individual or vendor 
under paragraph (3).
(d) Termination.--
(1) In general.--The independent redistricting commission 
of a State shall terminate on the earlier of--
(A) June 14 of the next 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 204, 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, with an 
attestation under penalty of perjury, containing the 
following information and assurances:
(i) The full current name and any former 
names of, and the contact information for, the 
individual, including an electronic mail 
address, the address of the individual's 
residence, mailing address, and telephone 
numbers.
(ii) The individual's race, ethnicity, 
gender, age, date of birth, and household 
income for the most recent taxable year.
(iii) The political party with which the 
individual is affiliated, if any.
(iv) The reason or reasons the individual 
desires to serve on the independent 
redistricting commission, the individual's 
qualifications, and information relevant to the 
ability of the individual to be fair and 
impartial, including, but not limited to--
(I) any involvement with, or 
financial support of, professional, 
social, political, religious, or 
community organizations or causes; and
(II) the individual's employment 
and educational history.
(v) 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.
(vi) 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 or 
of any political action committee (as determined in 
accordance with the law of the State).
(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 government of the 
State, or a donor to the campaign of any candidate for 
public office or to any political action committee 
(other than a donor who, during any of such covered 
periods, gives an aggregate amount of $1,000 or less to 
the campaigns of all candidates for all public offices 
and to all political action committees).
(E) The individual paid a civil money penalty or 
criminal fine, or was sentenced to a term of 
imprisonment, for violating any provision of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
et seq.).
(F) 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 agent of a foreign principal under the 
Foreign Agents Registration Act of 1938, as amended (22 
U.S.C. 611 et seq.).
(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 10-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 10-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 
whose candidate received the most votes in the most 
recent statewide election for Federal office held in 
the State.
(B) A minority category, consisting of 12 
individuals who are affiliated with the political party 
whose candidate received the second most votes in the 
most recent statewide election for Federal office held 
in the State.
(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) ensure that the pool is representative of the 
demographic groups (including racial, ethnic, economic, 
and gender) and geographic regions of the State, and 
includes applicants who would allow racial, ethnic, and 
language minorities protected under the Voting Rights 
Act of 1965 a meaningful opportunity to participate in 
the development of the State's redistricting plan; 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) Interviews of applicants.--To assist the nonpartisan 
agency in developing the selection pool under this subsection, 
the nonpartisan agency shall conduct interviews of applicants 
under oath. If an individual is included in a selection pool 
developed under this section, all of the interviews of the 
individual shall be transcribed and the transcriptions made 
available on the nonpartisan agency's website contemporaneously 
with release of the report under paragraph (6).
(4) 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 only if the nonpartisan agency is able to 
verify (to the greatest extent possible) the information the 
individual provides in the application submitted under 
subsection (a)(1)(C), including by considering additional 
information provided by other persons with knowledge of the 
individual's history of political activity.
(5) 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.
(6) 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 and post on the agency's public website 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).
(7) Public comment on selection pool.--During the 14-day 
period which begins on the date the nonpartisan agency 
publishes the report under paragraph (6), the agency shall 
accept comments from the public on the individuals included in 
the selection pool. The agency shall post all such comments 
contemporaneously on the nonpartisan agency's website and shall 
transmit them to the Select Committee on Redistricting 
immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not 
later than 21 days after receiving the selection pool 
from the nonpartisan agency under paragraph (1), the 
Select Committee on Redistricting shall, by majority 
vote--
(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 
(7) 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 21 days after 
receiving the replacement selection pool from the 
nonpartisan agency under paragraph (1), the Select 
Committee on Redistricting shall, by majority vote--
(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 (7) 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 earlier than 15 days and 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, by majority vote--
(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.
(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) Effect of rejection.--If the Select Committee 
on Redistricting rejects the second replacement pool 
from the nonpartisan agency under paragraph (1), the 
redistricting plan for the State shall be developed and 
enacted in accordance with title III.

SEC. 203. PUBLIC NOTICE AND INPUT.

(a) 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, including proposed maps, 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.--
(A) Features.--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:
(i) General information on the commission, 
its role in the redistricting process, and its 
members, including contact information.
(ii) An updated schedule of commission 
hearings and activities, including deadlines 
for the submission of comments.
(iii) All draft redistricting plans 
developed by the commission under subsection 
(b) and the final redistricting plan developed 
under subsection (c), including the 
accompanying written evaluation under 
subsection (d).
(iv) All comments received from the public 
on the commission's activities, including any 
proposed maps submitted under paragraph (1).
(v) Live streaming of commission hearings 
and an archive of previous meetings, including 
any documents considered at any such meeting, 
which the commission shall post not later than 
24 hours after the conclusion of the meeting.
(vi) Access in an easily useable format to 
the demographic and other data used by the 
commission to develop and analyze the proposed 
redistricting plans, together with access to 
any software used to draw maps of proposed 
districts and to any reports analyzing and 
evaluating any such maps.
(vii) A method by which members of the 
public may submit comments and proposed maps 
directly to the commission.
(viii) All records of the commission, 
including all communications to or from 
members, employees, and contractors regarding 
the work of the commission.
(ix) A list of all contractors receiving 
payment from the commission, together with the 
annual disclosures submitted by the contractors 
under section 201(c)(3).
(x) A list of the names of all individuals 
who submitted applications to serve on the 
commission, together with the applications 
submitted by individuals included in any 
selection pool, except that the commission may 
redact from such applications any financial or 
other personally sensitive information.
(B) Searchable format.--The commission shall ensure 
that all information posted and maintained on the site 
under this paragraph, including information and 
proposed maps submitted by the public, shall be 
maintained in an easily searchable format.
(C) Deadline.--The commission shall ensure that the 
public internet site under this paragraph is 
operational (in at least a preliminary format) not 
later than January 1 of the year ending in the numeral 
one.
(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 (c)(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.
(5) Multiple language requirements for all notices.--The 
commission shall make each notice which is required to be 
posted and published under this section available in any 
language in which the State (or any jurisdiction in the State) 
is required to provide election materials under section 203 of 
the Voting Rights Act of 1965 (52 U.S.C. 10503).
(b) Development and Publication of Preliminary Redistricting 
Plan.--
(1) In general.--Prior to developing and publishing a final 
redistricting plan under subsection (c), the independent 
redistricting commission of a State shall develop and publish a 
preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment 
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.--
Not fewer than 14 days prior to the date of each 
hearing held under this paragraph, the commission shall 
post notices of the hearing on the website maintained 
under subsection (a)(2), and shall provide for the 
publication of such notices in newspapers of general 
circulation throughout the State. Each such notice 
shall specify the date, time, and location of the 
hearing.
(C) Submission of plans and maps by members of the 
public.--Any member of the public may submit maps or 
portions of maps for consideration by the commission. 
As provided under subsection (a)(2)(A), any such map 
shall be made publicly available on the commission's 
website and open to comment.
(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 (a)(3), on the website maintained 
under subsection (a)(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 (a)(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 post-publication period for public comment.--
The commission shall accept and consider comments from the 
public (including through the website maintained under 
subsection (a)(2)) with respect to the preliminary 
redistricting plan published under paragraph (3), including 
proposed revisions to maps, 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 in different geographic areas of the 
State at which members of the public may provide input 
and comments regarding the preliminary plan.
(B) Minimum period for notice prior to hearings.--
Not fewer than 14 days prior to the date of each 
hearing held under this paragraph, the commission shall 
post notices of the hearing on the website maintained 
under subsection (a)(2), and shall provide for the 
publication of such notices in newspapers of general 
circulation throughout the State. Each such notice 
shall specify the date, time, and location 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.
(c) 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 (b), 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 the deadline 
specified in subsection (e), 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 (a)(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 (b).
(C) Any dissenting or additional views with respect 
to the plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final 
redistricting plan developed and published under this 
subsection shall be deemed to be enacted into law upon the 
expiration of the 45-day period which begins on the date on 
which--
(A) such final 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 such final 
plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The 
final redistricting plan shall not be deemed to be 
enacted into law unless the State submits the plan to 
the Department of Justice for an administrative review 
to determine if the plan is in compliance with the 
criteria described in subsections (b) and (c) of 
section 103.
(B) Termination of review.--The Department of 
Justice shall terminate any administrative review under 
subparagraph (A) if, during the 45-day period which 
begins on the date the plan is enacted into law, an 
action is filed in a United States district court 
alleging that the plan is not in compliance with the 
criteria described in subsections (b) and (c) of 
section 103.
(d) Written Evaluation of Plan Against External Metrics.--The 
independent redistricting commission shall include with each 
redistricting plan developed and published under this section a written 
evaluation that measures each such plan against external metrics which 
cover the criteria set forth in section 103(a), including the impact of 
the plan on the ability of communities of color to elect candidates of 
choice, measures of partisan fairness using multiple accepted 
methodologies, and the degree to which the plan preserves or divides 
communities of interest.
(e) Timing.--The independent redistricting commission of a State 
may begin its work on the redistricting plan of the State upon receipt 
of relevant population information from the Bureau of the Census, and 
shall approve a final redistricting plan for the State in each year 
ending in the numeral one not later than 8 months after the date on 
which the State receives the State apportionment notice or October 1, 
whichever occurs later.

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) Training of members appointed to commission.--Not later 
than January 15 of a year ending in the numeral one, the 
nonpartisan agency established or designated under this 
subsection shall provide the members of the independent 
redistricting commission with initial training on their 
obligations as members of the commission, including obligations 
under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) 
and other applicable laws.
(4) Regulations.--The nonpartisan agency established or 
designated under this subsection shall adopt and publish 
regulations, after notice and opportunity for comment, 
establishing the procedures that the agency will follow in 
fulfilling its duties under this Act, including the procedures 
to be used in vetting the qualifications and political 
affiliation of applicants and in creating the selection pools, 
the randomized process to be used in selecting the initial 
members of the independent redistricting commission, and the 
rules that the agency will apply to ensure that the agency 
carries out its duties under this Act in a maximally 
transparent, publicly accessible, and impartial manner.
(5) 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.
(6) Termination of agency specifically established for 
redistricting.--If a State does not designate an existing 
agency under paragraph (5) 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.
(7) Preservation of records.--The State shall ensure that 
the records of the nonpartisan agency 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.
(8) Deadline.--The State shall meet the requirements of 
this subsection not later than each October 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) One 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) One 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) One 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) One 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) Two members of the State legislature appointed 
by the chair of the political party of the State whose 
candidate received the highest percentage of votes in 
the most recent statewide election for Federal office 
held in the State.
(B) Two members of the State legislature appointed 
by the chair of the political party whose candidate 
received the second highest percentage of votes in the 
most recent statewide election for Federal office held 
in the State.
(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.
(5) Rule of construction.--Nothing in this subsection may 
be construed to prohibit the leader of any political party in a 
legislature from appointment to the Select Committee on 
Redistricting.

SEC. 205. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
REDISTRICTING COMMISSIONS.

Not later than May 15 of a year ending in the numeral one, the 
Comptroller General of the United States shall submit to Congress a 
report on the extent to which the memberships of independent 
redistricting commissions for States established under this title with 
respect to the immediately preceding year ending in the numeral zero 
meet the diversity requirements as provided for in sections 
201(a)(2)(B) and 202(b)(2).

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

SEC. 301. FAILURE BY STATE TO ENACT PLAN.

(a) Deadline for Enactment of Plan.--Each State shall enact a final 
congressional redistricting plan following transmission of a notice of 
apportionment to the President by the earliest of--
(1) the deadline set forth in State law;
(2) February 15 of the year in which regularly scheduled 
general elections for Federal office are held in the State; or
(3) 90 days before the date of the next regularly scheduled 
primary election for Federal office held in the State.
(b) Development of Plan by Court in Case of Missed Deadline.--If a 
State has not enacted a final congressional redistricting plan by the 
applicable deadline under subsection (a), or it appears likely that a 
State will fail to enact a final congressional redistricting plan by 
such deadline--
(1) any citizen of the State may file an action in the 
United States district court for the applicable venue asking 
the district court to assume jurisdiction;
(2) the United States district court for the applicable 
venue, acting through a 3-judge court convened pursuant to 
section 2284 of title 28, United States Code, shall have the 
exclusive authority to develop and publish the congressional 
redistricting plan for the State; and
(3) the final congressional redistricting plan developed 
and published by the court under this section shall be deemed 
to be enacted on the date on which the court publishes the 
final congressional redistricting plan, as described in 
subsection (e).
(c) Applicable Venue.--For purposes of this section, the 
``applicable venue'' with respect to a State is the District of 
Columbia or the judicial district in which the capital of the State is 
located, as selected by the first party to file with the court 
sufficient evidence that a State has failed to, or is reasonably likely 
to fail to, enact a final redistricting plan for the State prior to the 
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a 
State under this section, the court shall 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 State 
under section 103.
(2) Access to information and records.--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 State in carrying out its 
duties under this title.
(3) Hearing; public participation.--In developing a 
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which 
interested members of the public may appear and be 
heard and present testimony, including expert 
testimony, in accordance with the rules of the court; 
and
(B) consider other submissions and comments by the 
public, including proposals for redistricting plans to 
cover the entire State or any portion of the State.
(4) Use of special master.--To assist in the development 
and publication of a redistricting plan for a State under this 
section, the court may appoint a special master to make 
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing 
the development of one or more initial redistricting plans, the 
court shall make the plans available to the public at no cost, 
and shall also make available the underlying data used to 
develop the plans and a written evaluation of the plans against 
external metrics (as described in section 203(d)).
(2) Publication of final plan.--At any time after the 
expiration of the 14-day period which begins on the date the 
court makes the plans available to the public under paragraph 
(1), and taking into consideration any submissions and comments 
by the public which are received during such period, the court 
shall develop and publish the final redistricting plan for the 
State.
(f) Use of Interim Plan.--In the event that the court is not able 
to develop and publish a final redistricting plan for the State with 
sufficient time for an upcoming election to proceed, the court may 
develop and publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the court develops and 
publishes a final plan in accordance with this section. Nothing in this 
subsection may be construed to limit or otherwise affect the authority 
or discretion of the court to develop and publish the final 
redistricting plan, including the discretion to make any changes the 
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted 
by the court in accordance with this section shall be governed by the 
appellate process in section 402.
(h) Stay of State Proceedings.--The filing of an action under this 
section shall act as a stay of any proceedings in State court with 
respect to the State's congressional redistricting plan unless 
otherwise ordered by the court.

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, subject to the availability 
of appropriations provided pursuant to subsection (e), 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.--
(1) Requirement.--Except as provided in paragraph (2) and 
paragraph (3), 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).
(2) Exception for states with existing commissions.--In the 
case of a State which, pursuant to section 101(c), is exempt 
from the requirements of section 101(a), the Commission may not 
make a payment to the State under this section until the State 
certifies to the Commission that its redistricting commission 
meets the requirements of section 101(c).
(3) Exception for state of iowa.--In the case of the State 
of Iowa, the Commission may not make a payment to the State 
under this section until the State certifies to the Commission 
that it will carry out congressional redistricting pursuant to 
the State's apportionment notice in accordance with a plan 
developed by the Iowa Legislative Services Agency with the 
assistance of a Temporary Redistricting Advisory Commission, as 
provided under the law described in section 101(d).
(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 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 to meet 
the requirements of the Constitution or Federal law, including 
this Act, with respect to the State's congressional 
redistricting, may bring a civil action in the United States 
district court for the applicable venue for such relief as may 
be appropriate to remedy the failure.
(3) Delivery of complaint to house and senate.--In any 
action brought under this section, a copy of the complaint 
shall be delivered promptly to the Clerk of the House of 
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The 
district courts of the United States shall have exclusive 
jurisdiction to hear and determine claims asserting that a 
congressional redistricting plan violates the requirements of 
the Constitution or Federal law, including this Act. The 
applicable venue for such an action shall be the United States 
District Court for the District of Columbia or for the judicial 
district in which the capital of the State is located, as 
selected by the person bringing the action, except that the 
applicable venue for a civil action that includes a claim that 
a redistricting plan is in violation of section 103(c) shall be 
the District of Columbia.
(5) Use of 3-judge court.--If an action under this section 
raises statewide claims under the Constitution or this Act, the 
action shall be heard by a 3-judge court convened pursuant to 
section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an 
action brought under this section shall be reviewable on appeal 
by the United States Court of Appeals for the District of 
Columbia Circuit. There shall be no right of appeal in such 
proceedings to any other court of appeals. Such appeal shall be 
taken by the filing of a notice of appeal within 10 days of the 
entry of the final decision. A final decision by the Court of 
Appeals may be reviewed by the Supreme Court of the United 
States by writ of certiorari.
(b) Expedited Consideration.--In any action brought under this 
section, it shall be the duty of the district court, the United States 
Court of Appeals for the District of Columbia Circuit, and the Supreme 
Court of the United States (if it chooses to hear the action) to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action 
under this section finds that the congressional 
redistricting plan of a State violates, in whole or in 
part, the requirements of this Act--
(i) the court shall adopt a replacement 
congressional redistricting plan for the State 
in accordance with the process set forth in 
section 301; or
(ii) if circumstances warrant and no delay 
to an upcoming regularly scheduled election for 
the House of Representatives in the State would 
result, the district court, in its discretion, 
may allow a State to develop and propose a 
remedial congressional redistricting plan for 
review by the court to determine whether the 
plan is in compliance with this Act, except 
that--
(I) the State may not develop and 
propose a remedial plan under this 
clause if the court determines that the 
congressional redistricting plan of the 
State was enacted with discriminatory 
intent in violation of the Constitution 
or section 103(b); and
(II) nothing in this clause may be 
construed to permit a State to use such 
a remedial plan which has not been 
approved by the court.
(B) Prohibiting use of plans in violation of 
requirements.--No court shall order a State to use a 
congressional redistricting plan which violates, in 
whole or in part, the requirements of this Act, or to 
conduct an election under terms and conditions which 
violate, in whole or in part, the requirements of this 
Act.
(C) Special rule in case final adjudication not 
expected within 3 months of election.--If final 
adjudication of an action under this section is not 
reasonably expected to be completed at least 3 months 
prior to the next regularly scheduled primary election 
for the House of Representatives in the State, the 
district court shall, as the balance of equities 
warrant--
(i) develop, adopt, and order the use of an 
interim congressional redistricting plan in 
accordance with section 301(f) to address any 
claims under this Act for which a party seeking 
relief has demonstrated a substantial 
likelihood of success; and
(ii) order adjustments to the timing of 
primary elections for the House of 
Representatives and other related deadlines, as 
needed, to allow sufficient opportunity for 
adjudication of the matter and adoption of a 
remedial or replacement plan for use in the 
next regularly scheduled general elections for 
the House of Representatives.
(2) No stay pending appeal.--Notwithstanding the appeal of 
an order finding that a congressional redistricting plan of a 
State violates, in whole or in part, the requirements of this 
Act, no stay shall issue which shall bar the development or 
adoption of a replacement or remedial plan under this 
subsection, as may be directed by the district court, pending 
such appeal. If such a replacement or remedial plan has been 
adopted, no appellate court may stay or otherwise enjoin the 
use of such plan during the pendency of an appeal, except upon 
an order holding, based on the record, that adoption of such 
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon 
consideration of an appeal under this title, the Court 
of Appeals determines that a plan does not comply with 
the requirements of this Act, it shall direct that the 
District Court promptly develop a new remedial plan 
with assistance of a special master for consideration 
by the Court of Appeals.
(B) Failure of district court to take timely 
action.--If, at any point during the pendency of an 
action under this section, the District Court fails to 
take action necessary to permit resolution of the case 
prior to the next regularly scheduled election for the 
House of Representatives in the State or fails to grant 
the relief described in paragraph (1)(C), any party may 
seek a writ of mandamus from the Court of Appeals for 
the District of Columbia Circuit. The Court of Appeals 
shall have jurisdiction over the motion for a writ of 
mandamus and shall establish an expedited briefing and 
hearing schedule for resolution of the motion. If the 
Court of Appeals determines that a writ should be 
granted, the Court of Appeals shall take any action 
necessary, including developing a congressional 
redistricting plan with assistance of a special master 
to ensure that a remedial plan is adopted in time for 
use in the next regularly scheduled election for the 
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's 
enactment of a redistricting plan which replaces a plan which 
is the subject of an action under this section shall not be 
construed to limit or otherwise affect the authority of the 
court to adjudicate or grant relief with respect to any claims 
or issues not addressed by the replacement plan, including 
claims that the plan which is the subject of the action was 
enacted, in whole or in part, with discriminatory intent, or 
claims to consider whether relief should be granted under 
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(c)) based on the plan which is the subject of the action.
(d) 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.
(e) 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.).
(f) Legislative Privilege.--No person, legislature, or State may 
claim legislative privilege under either State or Federal law in a 
civil action brought under this section or in any other legal 
challenge, under either State or Federal law, to a redistricting plan 
enacted under this Act.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a 
State court which asserts a claim for which the district courts 
of the United States have exclusive jurisdiction under this 
title may be removed by any party in the case, including an 
intervenor, by filing, in the district court for an applicable 
venue under this section, a notice of removal signed pursuant 
to Rule 11 of the Federal Rules of Civil Procedure containing a 
short and plain statement of the grounds for removal. Consent 
of parties shall not be required for removal.
(2) Claims not within the original or supplemental 
jurisdiction.--If a civil action removed in accordance with 
paragraph (1) contains claims not within the original or 
supplemental jurisdiction of the district court, the district 
court shall sever all such claims and remand them to the State 
court from which the action was removed.

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.

Except as provided in section 102, this Act and the amendments made 
by this Act shall apply with respect to redistricting carried out 
pursuant to the decennial census conducted during 2030 or any 
succeeding decennial census.
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