I 

118TH CONGRESS 

1ST SESSION H. R. 643 

To establish the total number of Representatives at a number that provides 

that the average number of constituents represented by a Member from 

any State is equivalent to the number of constituents represented by 

the Member from the least populous State and to apportion Representatives among the States accordingly, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2023 

Mr. CASTEN (for himself, Mr. BEYER, and Mr. BLUMENAUER) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Transportation and Infrastructure, and 

House Administration, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the total number of Representatives at a number 

that provides that the average number of constituents 

represented by a Member from any State is equivalent 

to the number of constituents represented by the Member 

from the least populous State and to apportion Representatives among the States accordingly, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; FINDINGS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Equal Voices Act’’. 

4 (b) FINDINGS.—Congress finds the following: 

5 (1) Our Nation’s founders intended the House 

6 of Representatives to be the chamber closest to the 

7 American people: ‘‘the People’s House’’. 

8 (2) The number of Representatives in Congress 

9 has been 435 since 1911 when the U.S. population 

10 was 92,228,531 (1910 U.S. Census). The U.S. pop11 ulation has grown to more than three times that size 

12 to 331,449,281 in 2020 (2020 U.S. Census) while 

13 the size of the House has remained the same. 

14 (3) Our electorate has changed significantly 

15 since the size of the House last grew in 1911. Prior 

16 to the passage of the 19th Amendment in 1920, the 

17 Civil Rights Act in 1957, and the Voting Rights Act 

18 in 1965, women and people of color faced barriers 

19 and in some cases, legal prohibitions, to voting. 

20 (4) When the cap on the size of the House was 

21 statutorily set in 1929, the average Member of the 

22 House represented approximately 280,000 people, 

23 compared to approximately 762,000 people in 2020. 

24 (5) Based on the 2020 Census, individuals in 

25 the State with the smallest population, Wyoming, 


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1 had 1.3x more relative representation compared to 

2 the national average district size. 

3 (6) Each Member of the House represents far 

4 more people on average than legislators in nearly all 

5 developed and developing democracies, and is an 

6 outlier among other member countries of the Orga7 nization for Economic Cooperation and Development 

8 (OECD), with nearly 3 times the citizen to rep9 resentative ratio as Japan, the country with next 

10 largest district size. 

11 (7) Representatives who serve fewer people are 

12 more likely to have contact with their constituents, 

13 receive higher marks for their constituent service, 

14 and better reflect the views of their districts. 

15 SEC. 2. ESTABLISHMENT OF NUMBER OF MEMBERS OF 

16 HOUSE OF REPRESENTATIVES ON BASIS OF 

17 NUMBER OF CONSTITUENTS OF LEAST-POPU18 LOUS STATE. 

19 (a) METHOD FOR DETERMINATION OF NUMBER.— 

20 Section 22(a) of the Act entitled ‘‘An Act to provide for 

21 the fifteenth and subsequent decennial census and to pro22 vide for apportionment of Representatives in Congress’’, 

23 approved June 18, 1929 (2 U.S.C. 2a(a)), is amended— 

24 (1) by striking ‘‘(a) On the first day’’ and in25 serting ‘‘(a)(1) On the first day’’; 


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1 (2) by striking ‘‘the then existing number of 

2 Representatives’’ and inserting ‘‘the number of Rep3 resentatives determined under paragraph (2)’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) The number of Representatives determined 

7 under this paragraph is, with respect to a regular decen8 nial census of the population of the United States, a num9 ber equal to— 

10 ‘‘(A) the whole number of persons in all States 

11 (as shown in the statement under paragraph (1)); 

12 divided by 

13 ‘‘(B) the whole number of persons in the State 

14 with the smallest whole number of persons (as 

15 shown in such statement), 

16 rounded to the nearest whole odd number.’’. 

17 (b) CONFORMING AMENDMENT.—The first section 

18 and section 2 of the Act entitled ‘‘An Act For the appor19 tionment of Representatives in Congress among the sev20 eral States under the Thirteenth Census’’, approved Au21 gust 8, 1911 (2 U.S.C. 2 note), are repealed. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to the first regular 

24 decennial census conducted after the date of the enact25 ment of this Act and each subsequent decennial census. 


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1 SEC. 3. COMMISSION TO RECOMMEND NUMBER OF MEM2 BERS OF HOUSE OF REPRESENTATIVES IN 

3 EVENT OF SIGNIFICANT POPULATION 

4 CHANGE. 

5 (a) ESTABLISHMENT.—If, with respect to a regular 

6 decennial census of the population of the United States, 

7 the number of Representatives determined under section 

8 22(a) of the Act entitled ‘‘An Act to provide for the fif9 teenth and subsequent decennial census and to provide for 

10 apportionment of Representatives in Congress’’, approved 

11 June 18, 1929 (2 U.S.C. 2a(a)), as amended by section 

12 2(a), is 15 percent greater or lesser than the number of 

13 Representatives determined under such section with re14 spect to the previous regular decennial census, there shall 

15 be established in Congress a commission to carry out the 

16 duties described in subsection (d) with respect to the ap17 portionment of Representatives resulting from that cen18 sus. 

19 (b) MEMBERSHIP.— 

20 (1) APPOINTMENT.—A commission established 

21 under this section shall consist of 15 members ap22 pointed as follows: 

23 (A) 5 members appointed by the Speaker 

24 of the House of Representatives. 

25 (B) 5 members appointed by the minority 

26 leader of the House of Representatives. 


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1 (C) 2 members appointed by the majority 

2 leader of the Senate. 

3 (D) 2 members appointed by the minority 

4 leader of the Senate. 

5 (E) One member who shall serve as the 

6 Chair of the Commission, who shall be ap7 pointed by the vote of a majority of the other 

8 members, of whom— 

9 (i) at least 2 shall be members ap10 pointed by the Speaker of the House of 

11 Representatives; 

12 (ii) at least 2 shall be members ap13 pointed by the minority leader of the 

14 House of Representatives; 

15 (iii) at least one shall be one of the 

16 members appointed by the majority leader 

17 of the Senate; and 

18 (iv) at least one shall be one of the 

19 members appointed by the minority leader 

20 of the Senate. 

21 (2) DEADLINE FOR APPOINTMENT.—The ap22 pointing authorities under paragraph (1) shall ap23 point the members of the commission not later than 

24 30 days after the President transmits to Congress 

25 the statement showing the number of RepresentaVerDate Sep 11 2014 00:52 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H643.IH H643

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1 tives to which each State is entitled under section 

2 22(a) of the Act entitled ‘‘An Act to provide for the 

3 fifteenth and subsequent decennial census and to 

4 provide for apportionment of Representatives in 

5 Congress’’, approved June 18, 1929 (2 U.S.C. 

6 2a(a)), as amended by section 2(a). 

7 (3) QUALIFICATIONS.—In appointing members 

8 of the commission, the appointing authorities under 

9 paragraph (1) shall prioritize the appointment of in10 dividuals who are qualified to assess the appropriate 

11 number of Members of the House of Representatives 

12 because of their expertise or study of politics, gov13 ernment, and related fields, and their demonstrated 

14 ability to work in a nonpartisan manner. 

15 (4) VACANCY.—A vacancy in the commission 

16 shall be filled in the same manner as the original ap17 pointment was made. 

18 (5) COMPENSATION.—Members of the commis19 sion— 

20 (A) shall be paid the daily equivalent of 

21 the annual rate of basic pay payable for level V 

22 of the Executive Schedule for each day (includ23 ing travel time) during which the member is en24 gaged in the actual performance of duties vest25 ed in the commission; and 


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1 (B) shall receive travel expenses, including 

2 per diem in lieu of subsistence, in accordance 

3 with applicable provisions under subchapter I of 

4 chapter 57 of title 5, United States Code. 

5 (c) STAFF.— 

6 (1) AUTHORITY TO APPOINT STAFF.—The chair 

7 of the commission may appoint, prescribe the duties 

8 and responsibilities of, and fix the pay of such staff 

9 as the chair considers appropriate to assist the com10 mission in carrying out its duties, without regard to 

11 the provisions of title 5, United States Code, gov12 erning appointments in the competitive service, and 

13 without regard to the provisions of chapter 51 and 

14 subchapter III of chapter 53 of such title relating to 

15 classification and General Schedule pay rates, except 

16 that no rate of pay fixed under this paragraph may 

17 exceed the rate of pay for a member of the commis18 sion. 

19 (2) EXPERTS AND CONSULTANTS.—Section 

20 202(i) of the Legislative Reorganization Act of 1946 

21 (2 U.S.C. 4301(i)) shall apply with respect to the 

22 commission in the same manner as such section ap23 plies with respect to a standing committee of the 

24 Senate. 


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1 (d) DUTIES.—With respect to a regular decennial 

2 census, the commission shall carry out the following du3 ties: 

4 (1) Analyzing the shifts in population among 

5 the States. 

6 (2) Analyzing how the application of section 

7 22(a)(2) of the Act entitled ‘‘An Act to provide for 

8 the fifteenth and subsequent decennial census and to 

9 provide for apportionment of Representatives in 

10 Congress’’, approved June 18, 1929 (2 U.S.C. 

11 2a(a)(2)), as added by section 2(a), will affect the 

12 ability of the House of Representatives to carry out 

13 its responsibilities in an effective manner. 

14 (3) Recommending the optimal number of 

15 Members of the House and the optimal apportion16 ment of Members among the States, taking into ac17 count— 

18 (A) shifts in population among the States; 

19 (B) the need to reduce disparities in the 

20 size of congressional districts; and 

21 (C) the need to ensure that historically 

22 under represented populations are not 

23 disenfranchised. 

24 (e) POWERS.— 


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1 (1) HEARINGS AND OTHER ACTIVITIES.—For 

2 the purpose of carrying out its duties, the commis3 sion may hold such hearings and undertake such 

4 other activities as the commission determines to be 

5 necessary to carry out its duties. 

6 (2) AUTHORITY TO USE SUBPOENAS.—The 

7 commission may require by subpoena the attendance 

8 of such witnesses and the production of such books, 

9 papers, and documents, as it considers appropriate. 

10 (3) ACCESS TO LEGISLATIVE BRANCH SERV11 ICES.—The commission shall have access to the 

12 services of the Architect of the Capitol, the Govern13 ment Accountability Office, the Congressional Budg14 et Office, and the Congressional Research Service in 

15 the same manner and under the same terms and 

16 conditions as any standing committee of the House 

17 of Representatives or Senate. 

18 (f) REPORT.—The commission shall submit a report 

19 to Congress containing its recommendations under sub20 section (d)(3) not later than 6 months after the publica21 tion of the regular decennial census of the population of 

22 the United States. 

23 (g) TERMINATION.—A commission established under 

24 this section shall terminate 30 days after submitting the 

25 report under subsection (f). 


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1 (h) EFFECTIVE DATE.—This section shall apply with 

2 respect to the second regular decennial census conducted 

3 after the date of the enactment of this Act and each subse4 quent decennial census. 

5 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROVI6 SION OF ADDITIONAL SPACE, FACILITIES, 

7 PERSONNEL, AND RESOURCES. 

8 There are authorized to be appropriated to the House 

9 of Representatives and the Architect of the Capitol for the 

10 fiscal year in which this Act is enacted and each suc11 ceeding fiscal year such sums as may be necessary to pro12 vide for any additional space, facilities, personnel, and 

13 other resources for the House which may be required as 

14 the result of the enactment of this Act. 

Æ 


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