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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2670 Placed on Calendar Senate (PCS)]

<DOC>

                                                       Calendar No. 119
117th CONGRESS
  1st Session
                                S. 2670

      To provide for redistricting reform, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, August 5), 2021

  Mr. Schumer introduced the following bill; which was read the first 
                                  time

                             August 7, 2021

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
      To provide for redistricting reform, 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.

    This Act may be cited as the ``Redistricting Reform Act of 2021''.

SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.

    Congress finds that it has the authority to establish the terms and 
conditions States must follow in carrying out congressional 
redistricting after an apportionment of Members of the House of 
Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the 14th amendment to the Constitution gives Congress the power 
        to enact laws to enforce section 2 of such amendment, which 
        requires Representatives to be apportioned among the several 
        States according to their number.

         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 101. 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), 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 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 2021''.
    (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 that 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 2 
        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 2 
        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 State that has been redistricted in accordance with this Act and 
a State described in section 101(c) 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.

SEC. 103. CRITERIA FOR REDISTRICTING.

    (a) 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 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 two 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) 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.
            (4) Districts shall respect communities of interest, 
        neighborhoods, and political subdivisions to the extent 
        practicable and after compliance with the requirements of 
        paragraphs (1) through (3). A community of interest is defined 
        as an area with recognized similarities of interests, including 
        ethnic, racial, economic, tribal, social, cultural, geographic 
        or historic identities. The term communities of interest may, 
        in certain circumstances, include political subdivisions such 
        as counties, municipalities, tribal lands and reservations, or 
        school districts, but shall not include common relationships 
        with political parties or political candidates.
    (b) No Favoring or Disfavoring of Political Parties.--
            (1) Prohibition.--The redistricting plan enacted by a State 
        shall not, when considered on a Statewide basis, be drawn with 
        the intent or the effect of unduly favoring or disfavoring any 
        political party.
            (2) Determination of effect.--
                    (A) Totality of circumstances.--For purposes of 
                paragraph (1), the determination of whether a 
                redistricting plan has the effect of unduly favoring or 
                disfavoring a political party shall be based on the 
                totality of circumstances, including evidence regarding 
                the durability and severity of a plan's partisan bias.
                    (B) Plans deemed to have effect of unduly favoring 
                or disfavoring a political party.--Without limiting 
                other ways in which a redistricting plan may be 
                determined to have the effect of unduly favoring or 
                disfavoring a political party under the totality of 
                circumstances under subparagraph (A), a redistricting 
                plan shall be deemed to have the effect of unduly 
                favoring or disfavoring a political party if--
                            (i) modeling based on relevant historical 
                        voting patterns shows that the plan is 
                        statistically likely to result in a partisan 
                        bias of more than one seat in States with 20 or 
                        fewer congressional districts or a partisan 
                        bias of more than 2 seats in States with more 
                        than 20 congressional districts, as determined 
                        using quantitative measures of partisan 
                        fairness, which may include, but are not 
                        limited to, the seats-to-votes curve for an 
                        enacted plan, the efficiency gap, the 
                        declination, partisan asymmetry, and the mean-
                        median difference; and
                            (ii) alternative plans, which may include, 
                        but are not limited to, those generated by 
                        redistricting algorithms, exist that could have 
                        complied with the requirements of law and not 
                        been in violation of paragraph (1).
            (3) Determination of intent.--For purposes of paragraph 
        (1), a rebuttable presumption shall exist that a redistricting 
        plan enacted by the legislature of a State was not enacted with 
        the intent of unduly favoring or disfavoring a political party 
        if the plan was enacted with the support of at least a third of 
        the members of the second largest political party in each house 
        of the legislature.
            (4) No violation based on certain criteria.--No 
        redistricting plan shall be found to be in violation of 
        paragraph (1) because of partisan bias attributable to the 
        application of the criteria set forth in paragraphs (1), (2), 
        or (3) of subsection (a), unless one or more alternative plans 
        could have complied with such paragraphs without having the 
        effect of unduly favoring or disfavoring a political party.
    (c) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the independent redistricting 
commission may not take into consideration any of the following 
factors, except as necessary to comply with the criteria described in 
paragraphs (1) through (3) of subsection (a), 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.
    (d) Applicability.--This section applies to any authority, whether 
appointed, elected, judicial, or otherwise, that designs or enacts a 
congressional redistricting plan of a State.
    (e) 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 one 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--
                                    (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 (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 usable 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 paragraphs (2) and (3) of section 
                103(a).
                    (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 paragraphs (2) and (3) of section 
                103(a).
    (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 for the State by the nonpartisan agency pursuant 
        to section 202(b).
            (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. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

    (a) Development of Plan.--If any of the triggering events described 
in subsection (f) occur with respect to a State--
            (1) not later than December 15 of the year in which the 
        triggering event occurs, the United States district court for 
        the applicable venue, acting through a 3-judge court convened 
        pursuant to section 2284 of title 28, United States Code, shall 
        develop and publish the congressional redistricting plan for 
        the State; and
            (2) the final 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 plan, as described in 
        subsection (d).
    (b) Applicable Venue Described.--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 of the occurrence of a triggering event described 
in subsection (f).
    (c) 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 
        independent redistricting commission of the State under section 
        103.
            (2) Access to information and records of commission.--The 
        court shall have access to any information, data, software, or 
        other records and material that was used (or that would have 
        been used, as the case may be) by the independent redistricting 
        commission of the State in carrying out its duties under this 
        Act.
            (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.
    (d) 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 by the 
        court 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.
    (e) 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.
    (f) Triggering Events Described.--The ``triggering events'' 
described in this subsection are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency of the State legislature under section 
        204(a) prior to the expiration of the deadline set forth in 
        section 204(a)(8).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 204(b) prior to the expiration 
        of the deadline set forth in section 204(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve any selection pool under section 202 prior to the 
        expiration of the deadline set forth for the approval of the 
        second replacement selection pool in section 202(d)(2).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State prior to the expiration of the deadline set forth in 
        section 203(e).

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

    If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.), 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), 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 in an appropriate district court for such 
        relief as may be appropriate to carry out this Act.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State to meet 
        the requirements of this Act 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. For 
        purposes of this section, the ``applicable venue'' is the 
        District of Columbia or the judicial district in which the 
        capital of the State is located, as selected by the person who 
        brings the civil action.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the district court of the 
        United States 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.
            (2) The action shall be heard by a 3-judge court convened 
        pursuant to section 2284 of title 28, United States Code.
            (3) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (4) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (5) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (6) It shall be the duty of the district court and the 
        Supreme Court of the United States to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (c) 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 may allow a State to 
                        develop and propose a remedial congressional 
                        redistricting plan for consideration by the 
                        court, and such remedial plan may be developed 
                        by the State by adopting such appropriate 
                        changes to the State's enacted plan as may be 
                        ordered by the court.
                    (B) 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 three 
                months prior to the next regularly scheduled election 
                for the House of Representatives in the State, the 
                district court shall, as the balance of equities 
                warrant,--
                            (i) order development, adoption, and use of 
                        an interim congressional redistricting plan in 
                        accordance with section 301(e) to address any 
                        claims under this Act for which a party seeking 
                        relief has demonstrated a substantial 
                        likelihood of success; or
                            (ii) order adjustments to the timing of 
                        primary elections for the House of 
                        Representatives, 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 injunctive relief permitted.--Any remedial or 
        replacement congressional redistricting plan ordered under this 
        subsection shall not be subject to temporary or preliminary 
        injunctive relief from any court unless the record establishes 
        that a writ of mandamus is warranted.
            (3) 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.
    (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.

SEC. 403. STATE APPORTIONMENT NOTICE DEFINED.

    In this Act, the ``State apportionment notice'' means, with respect 
to a State, the notice sent to the State from the Clerk of the House of 
Representatives under section 22(b) of the Act entitled ``An Act to 
provide for the fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which 
the State is entitled.

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

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

SEC. 405. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to redistricting carried out pursuant to the decennial census 
conducted during 2030 or any succeeding decennial census.

 TITLE V--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 
                                 CENSUS

   Subtitle A--Application of Certain Requirements for Redistricting 
                  Carried Out Pursuant to 2020 Census

SEC. 511. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING CARRIED 
              OUT PURSUANT TO 2020 CENSUS.

    Notwithstanding section 405, titles I, III, and IV of this Act and 
the amendments made by such titles shall apply with respect to 
congressional redistricting carried out pursuant to the decennial 
census conducted during 2020 in the same manner as such titles and the 
amendments made by such title apply with respect to redistricting 
carried out pursuant to the decennial census conducted during 2030, 
except as follows:
            (1) Except as provided in subsection (c) and subsection (d) 
        of section 101, the redistricting shall be conducted in 
        accordance with--
                    (A) the redistricting plan developed and enacted 
                into law by the independent redistricting commission 
                established in the State in accordance with subtitle B; 
                or
                    (B) 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.
            (2) If any of the triggering events described in section 
        512 occur with respect to the State, the United States district 
        court for the applicable venue shall develop and publish the 
        redistricting plan for the State, in accordance with section 
        301, not later than March 15, 2022.
            (3) For purposes of section 401(d)(1), the Election 
        Assistance Commission may not make a payment to a State under 
        such section until the State certifies to the Commission that 
        the nonpartisan agency established or designated by a State 
        under section 524(a) has, in accordance with section 522(b)(1), 
        submitted a selection pool to the Select Committee on 
        Redistricting for the State established under section 524(b).

SEC. 512. TRIGGERING EVENTS.

    For purposes of the redistricting carried out pursuant to the 
decennial census conducted during 2020, the triggering events described 
in this section are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency under section 524(a) prior to the expiration 
        of the deadline under section 524(a)(6).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 524(b) prior to the expiration 
        of the deadline under section 524(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve a selection pool under section 522(b) prior to the 
        expiration of the deadline under section 522(b)(7).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State under section 523 prior to the expiration of the deadline 
        under section 523(e).

  Subtitle B--Independent Redistricting Commissions for Redistricting 
                  Carried Out Pursuant to 2020 Census

SEC. 521. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR 
              REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 524(a) shall establish an 
        independent redistricting commission under this title for the 
        State, which shall consist of 15 members appointed by the 
        agency as follows:
                    (A) Not later than November 5, 2021, 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 522(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 522(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 522(b)(1)(C)).
                    (B) Not later than November 15, 2021, 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 
                        522(b)(1)(A)).
                            (ii) The members shall appoint 3 members 
                        from the minority category of the approved 
                        selection pool (as described in section 
                        522(b)(1)(B)).
                            (iii) The members shall appoint 3 members 
                        from the independent category of the approved 
                        selection pool (as described in section 
                        522(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) 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), 
                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) 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 522(a).
    (b) Procedures for Conducting Commission Business.--
            (1) Requiring majority approval for actions.--The 
        independent redistricting commission of a State under this 
        title 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 522(b)(1).
            (2) 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 under this 
        title 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 522(b)(1).
            (3) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, and any vendor with whom the 
        commission enters into a contract under this subsection, will 
        work in an impartial manner.
    (d) 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. 522. 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 under this 
        title 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 524, 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--
                                    (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 such covered 
                        period as the State may establish with respect 
                        to any of the subparagraphs of paragraph (2), 
                        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 such paragraph.
            (2) Disqualifications.--An individual is not eligible to 
        serve as a member of the commission if any of the following 
        applies with respect to such covered period as the State may 
        establish:
                    (A) The individual or an immediate family member of 
                the individual holds public office or is a candidate 
                for election for public office.
                    (B) The individual or 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 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 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 an immediate family member of 
                the individual is an agent of a foreign principal under 
                the Foreign Agents Registration Act of 1938 (22 U.S.C. 
                611 et seq.).
            (3) 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 October 15, 2021, the 
        nonpartisan agency established or designated by a State under 
        section 524(a) shall develop and submit to the Select Committee 
        on Redistricting for the State established under section 524(b) 
        a selection pool of 36 individuals who are eligible to serve as 
        members of the independent redistricting commission of the 
        State under this title, 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) 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.
            (4) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic regions and demographic groups are aware of the 
        opportunity to serve on the independent redistricting 
        commission, including publicizing the role of the panel and 
        using newspapers, broadcast media, and online sources, 
        including ethnic media, to encourage individuals to apply for 
        inclusion in the selection pool developed under this 
        subsection.
            (5) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish a report describing the process by which the pool was 
        developed, and shall include in the report a description of how 
        the individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (6) Public comment on selection pool.--During the 14-day 
        period which begins on the date the nonpartisan agency 
        publishes the report under paragraph (5), the agency shall 
        accept comments from the public on the individuals included in 
        the selection pool. The agency shall transmit all such comments 
        to the Select Committee on Redistricting immediately upon the 
        expiration of such period.
            (7) Action by select committee.--
                    (A) In general.--Not later than November 1, 2021, 
                the Select Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 521(a)(1); or
                            (ii) reject the pool, in which case the 
                        redistricting plan for the State shall be 
                        developed and enacted in accordance with title 
                        III.
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.

SEC. 523. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT.

    (a) Public Notice and Input.--
            (1) Use of open and transparent process.--The independent 
        redistricting commission of a State under this title 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) 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 until 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).
            (3) 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.
            (4) Multiple language requirements for all notices.--The 
        commission shall make each notice which is required to be 
        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 under this title shall 
        develop and publish a preliminary redistricting plan.
            (2) Minimum public hearings and opportunity for comment 
        prior to development.--
                    (A) 2 hearings required.--Prior to developing a 
                preliminary redistricting plan under this subsection, 
                the commission shall hold not fewer than 2 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) Notice prior to hearings.--The commission shall 
                provide for the publication of notices of each hearing 
                held under this paragraph, including 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.
            (3) Publication of preliminary plan.--The commission shall 
        provide for the publication of the preliminary redistricting 
        plan developed under this subsection, including in newspapers 
        of general circulation throughout the State, and shall make 
        publicly available a report that includes the commission's 
        responses to any public comments received under this 
        subsection.
            (4) Public comment after publication.--The commission shall 
        accept and consider comments from the public with respect to 
        the preliminary redistricting plan published under paragraph 
        (3), including proposed revisions to maps, until 14 days before 
        the date of the meeting under subsection (c)(2) at which the 
        members of the commission shall vote on approving the final 
        redistricting plan for enactment into law.
            (5) Post-publication hearings.--
                    (A) 2 hearings required.--After publishing the 
                preliminary redistricting plan under paragraph (3), and 
                not later than 14 days before the date of the meeting 
                under subsection (c)(2) at which the members of the 
                commission shall vote on approving the final 
                redistricting plan for enactment into law, the 
                commission shall hold not fewer than 2 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) Notice prior to hearings.--The commission shall 
                provide for the publication of notices of each hearing 
                held under this paragraph, including 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 under this title 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 make the following 
        information available to the public, including 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.--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 522(b)(1) approves such final 
                plan.
    (d) Written Evaluation of Plan Against External Metrics.--The 
independent redistricting commission of a State under this title 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) Deadline.--The independent redistricting commission of a State 
under this title shall approve a final redistricting plan for the State 
not later than February 15, 2022.

SEC. 524. 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 under this title in accordance with section 521.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered to be nonpartisan if 
        under law the agency--
                    (A) is required to provide services on a 
                nonpartisan basis;
                    (B) is required to maintain impartiality; and
                    (C) is prohibited from advocating for the adoption 
                or rejection of any legislative proposal.
            (3) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to appoint the members of the independent 
        redistricting commission plan for the State under this Act, so 
        long as the agency meets the requirements for nonpartisanship 
        under this subsection.
            (4) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (3) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (5) 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.
            (6) Deadline.--The State shall meet the requirements of 
        this subsection not later than September 1, 2021.
    (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 this title under section 522.
            (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 September 15, 2021.
            (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. 525. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
              REDISTRICTING COMMISSIONS.

    Not later than February 15, 2022, 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 521(a)(2)(B) and 522(b)(2).
                                                       Calendar No. 119

117th CONGRESS

  1st Session

                                S. 2670

_______________________________________________________________________

                                 A BILL

      To provide for redistricting reform, and for other purposes.

_______________________________________________________________________

                             August 7, 2021

            Read the second time and placed on the calendar
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