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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3906

     To require States to carry out Congressional redistricting in 
accordance with plans developed by nonpartisan service agencies of the 
    legislative branch of State governments, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2014

   Mr. Braley of Iowa (for himself and Mr. Loebsack) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To require States to carry out Congressional redistricting in 
accordance with plans developed by nonpartisan service agencies of the 
    legislative branch of State governments, 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 ``Fixing America's Inconsistent 
Redistricting (FAIR) Act''.

SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF 
              NONPARTISAN SERVICE AGENCIES OF STATE LEGISLATURES.

    (a) Use of Nonpartisan Plan.--Notwithstanding any other provision 
of law, any Congressional redistricting conducted by a State shall be 
conducted in accordance with a redistricting plan--
            (1) developed by a nonpartisan agency of the legislative 
        branch of the State government in accordance with section 3; 
        and
            (2) enacted into law by the State in accordance with 
        section 4.
    (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in the manner 
provided by the Fixing America's Inconsistent Redistricting (FAIR) 
Act''.

SEC. 3. DEVELOPMENT OF PLAN.

    (a) Establishment or Designation of Nonpartisan Agency of State 
Legislature.--
            (1) In general.--Not later than each December 31 of the 
        year preceding a redistricting year, each State shall establish 
        a nonpartisan agency in the legislative branch of the State 
        government to develop the redistricting plan for the State for 
        the redistricting year.
            (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 proposal.
            (3) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to develop the redistricting 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.
    (b) Development of Redistricting Plan.--
            (1) Criteria.--The nonpartisan agency established or 
        designated by a State under this section shall develop a 
        redistricting plan for the State in accordance with the 
        following criteria:
                    (A) Adherence to the ``one person, one vote'' 
                standard and other requirements imposed under the 
                Constitution of the United States.
                    (B) To the greatest extent mathematically possible, 
                ensuring that the population of each Congressional 
                district in the State does not vary by more than one 
                percent from the population of any other Congressional 
                district in the State (as determined on the basis of 
                the total count of persons of the most recent decennial 
                census conducted by the Bureau of the Census).
                    (C) Consistency with any applicable requirements of 
                the Voting Rights Act of 1965 and other Federal laws.
                    (D) Ensuring that districts are contiguous (except 
                to the extent necessary to include any area which is 
                surrounded by a body of water).
                    (E) To the greatest extent practicable, the 
                maintenance of the geographic continuity of the 
                political subdivisions of the State which are included 
                in the same Congressional district.
                    (F) To the greatest extent practicable, maintaining 
                compact districts.
            (2) Factors prohibited from consideration.--In developing 
        the redistricting plan for the State, the nonpartisan agency 
        may not take into consideration any of the following factors, 
        except to the extent necessary to comply with the Voting Rights 
        Act of 1965:
                    (A) The residence of incumbent Members of the House 
                of Representatives in the State.
                    (B) The voting history of the population of a 
                Congressional district, except that the agency may take 
                such history into consideration to the extent necessary 
                to comply with any State law which requires the 
                establishment of competitive Congressional districts.
                    (C) The political party affiliation of the 
                population of a district.
    (c) Submission of Plan to Legislature and Temporary Redistricting 
Advisory Commission.--Not later than April 1 of the redistricting year, 
the nonpartisan agency shall submit the redistricting plan developed 
under this section to the State legislature and to the Temporary 
Redistricting Advisory Commission of the legislature established under 
section 4(a).

SEC. 4. ENACTMENT OF PLAN BY STATE LEGISLATURE.

    (a) Role of Temporary Redistricting Advisory Commission.--
            (1) In general.--Not later than February 15 of each 
        redistricting year, each State shall appoint a commission to be 
        known as the ``Temporary Redistricting Advisory Commission'' 
        (hereafter referred to as the ``Commission''), consisting of--
                    (A) 2 members, of whom 1 shall be appointed by the 
                majority leader of the upper house of the State 
                legislature and 1 shall be appointed by the majority 
                leader of the lower house of the State legislature (or, 
                in the case of a State with a unicameral legislature, 
                both of whom shall be appointed by the majority leader 
                of the legislature);
                    (B) 2 members, of whom 1 shall be appointed by the 
                minority leader of the upper house of the State 
                legislature and 1 shall be appointed by the minority 
                leader of the lower house of the State legislature (or, 
                in the case of a State with a unicameral legislature, 
                both of whom shall be appointed by the minority leader 
                of the legislature); and
                    (C) 1 member appointed by a majority vote of the 
                members appointed under the previous subparagraphs.
            (2) Qualifications.--An individual is eligible to serve as 
        a member of the Commission if the individual meets each of the 
        following requirements:
                    (A) The individual is an eligible elector of the 
                State at the time of appointment.
                    (B) The individual does not hold a partisan 
                political office or serve as an officer of a political 
                party.
                    (C) The individual is not an employee or an 
                immediate family member of a member of the State 
                legislature or member of Congress, or an employee of 
                the State legislature or Congress. In this 
                subparagraph, the term ``immediate family member'' 
                means, with respect to an individual, a father, mother, 
                son, daughter, brother, sister, husband, wife, father-
                in-law, or mother-in-law.
            (3) Assistance to nonpartisan agency.--At the request of 
        the nonpartisan agency established or designated under section 
        3, the Commission shall provide guidance to the agency in its 
        development of the redistricting plan for the State.
            (4) Review of nonpartisan agency plan.--
                    (A) Hearings.--Upon receiving the redistricting 
                plan from the nonpartisan agency under section 3(c), 
                the Commission shall analyze and review the plan, and 
                shall hold at least 3 public hearings in various 
                geographic areas of the State to solicit comments on 
                the plan.
                    (B) Report to legislature.--Not later than 14 days 
                after receiving the redistricting plan from the 
                nonpartisan agency under section 3, the Commission 
                shall submit a report to the State legislature which 
                includes the Commission's recommendation regarding 
                whether the legislature should adopt or reject the 
                plan, taking into account any comments provided at the 
                hearings held under subparagraph (A), as well as any 
                other comments and conclusions regarding the plan which 
                the Commission considers appropriate.
            (5) Termination.--The Commission shall terminate upon the 
        enactment into law of the redistricting plan for the State.
    (b) Action by State Legislature and Chief Executive To Enact 
Plan.--
            (1) Consideration of plan by legislature.--Not later than 3 
        days after receiving the Commission's report under subsection 
        (a) on the redistricting plan developed by the nonpartisan 
        agency, the State legislature shall either--
                    (A) approve the plan as submitted by the 
                nonpartisan agency without amendment and forward the 
                plan to the chief executive of the State; or
                    (B) reject the plan.
            (2) Enactment of plan.--
                    (A) In general.--A redistricting plan developed by 
                the nonpartisan agency shall be considered to be 
                enacted into law if the plan is forwarded to the chief 
                executive of the State pursuant to paragraph (1)(A) 
                and--
                            (i) the chief executive approves the plan 
                        as forwarded by the legislature without 
                        amendment; or
                            (ii) the chief executive vetoes the plan 
                        and the legislature overrides the veto in 
                        accordance with the applicable law of the 
                        State, except that at no time may the plan be 
                        amended.
                    (B) Special rule.--In the case of a State in which 
                the chief executive is prohibited under State law from 
                acting on a redistricting plan, a redistricting plan 
                developed by the nonpartisan agency shall be considered 
                to be enacted into law if the State legislature 
                approves the plan as submitted by the nonpartisan 
                agency without amendment.
    (c) Effect of Rejection of Plan.--
            (1) Rejection by legislature.--If the State legislature 
        votes under subsection (b)(1) to reject the redistricting plan 
        of the nonpartisan agency, not later than 7 days after the vote 
        to reject the plan the legislature shall submit to the 
        nonpartisan agency and disseminate publicly a statement of the 
        legislature's reasons for rejecting the plan.
            (2) Veto by chief executive.--If the chief executive vetoes 
        the redistricting plan of the nonpartisan agency and the State 
        legislature fails to override the veto, not later than 7 days 
        after the failed vote to override the veto the chief executive 
        shall submit to the nonpartisan agency and disseminate publicly 
        a statement of the chief executive's reasons for vetoing the 
        plan.
            (3) Development and submission of revised plan.--Not later 
        than 35 days after receiving a statement from the State 
        legislature under paragraph (1) or a statement from the chief 
        executive of the State under paragraph (2) (as the case may 
        be), the nonpartisan agency established or designated under 
        section 3 shall develop a revised redistricting plan for the 
        State which is consistent with the criteria set forth in 
        section 3(b) but which addresses the reasons provided under 
        paragraph (1) or paragraph (2) (as the case may be) for the 
        rejection of the plan, and shall submit the revised plan to the 
        State legislature.
            (4) Consideration of revised plan by legislature.--Not 
        later than 7 days after receiving the revised redistricting 
        plan under paragraph (3), the State legislature shall either--
                    (A) approve the revised plan as submitted by the 
                nonpartisan agency without amendment and forward the 
                plan to the chief executive of the State; or
                    (B) reject the plan.
            (5) Enactment of revised plan.--Subsection (b)(2) shall 
        apply with respect to the enactment of the revised plan 
        developed and submitted by the nonpartisan agency under 
        paragraph (3) in the same manner as such subsection applies 
        with respect to the initial redistricting plan developed and 
        submitted by the agency under such subsection.
    (d) Effect of Rejection of Revised Plan; Permitting Legislature To 
Amend Second Revised Plan.--
            (1) Rejection by legislature.--If the State legislature 
        votes under subsection (c)(4) to reject the revised 
        redistricting plan of the nonpartisan agency, not later than 7 
        days after the vote to reject the plan the legislature shall 
        submit to the nonpartisan agency and disseminate publicly a 
        statement of the legislature's reasons for rejecting the 
        revised plan.
            (2) Veto by chief executive.--If the chief executive vetoes 
        the revised redistricting plan of the nonpartisan agency and 
        the State legislature fails to override the veto, not later 
        than 7 days after the failed vote to override the veto the 
        chief executive shall submit to the nonpartisan agency and 
        disseminate publicly a statement of the chief executive's 
        reasons for vetoing the revised plan.
            (3) Development and submission of second revised plan.--Not 
        later than 35 days after receiving a statement from the State 
        legislature under paragraph (1) or a statement from the chief 
        executive of the State under paragraph (2) (as the case may 
        be), the nonpartisan agency established or designated under 
        section 3 shall develop a second revised redistricting plan for 
        the State which is consistent with the criteria set forth in 
        section 3(b) but which addresses the reasons provided under 
        paragraph (1) or paragraph (2) (as the case may be) for the 
        rejection of the revised plan, and shall submit the second 
        revised plan to the State legislature.
            (4) Consideration of second revised plan by legislature.--
        Not later than 7 days after receiving the second revised 
        redistricting plan under paragraph (3), the State legislature 
        shall either--
                    (A) approve the second revised plan as submitted by 
                the nonpartisan agency with or without amendment and 
                forward the plan to the chief executive of the State; 
                or
                    (B) reject the plan.
            (5) Enactment of second revised plan.--Subsection (b)(2) 
        shall apply with respect to the enactment of the second revised 
        plan developed and submitted by the nonpartisan agency under 
        paragraph (3) in the same manner as such subsection applies 
        with respect to the initial redistricting plan developed and 
        submitted by the agency under such subsection.
    (e) Rejection of Second Revised Plan.--
            (1) Development of plan by highest court of state.--If the 
        second revised redistricting plan developed and submitted under 
        subsection (d) is not enacted into law, the highest court of 
        the State shall assume sole responsibility for the development 
        and enactment of the redistricting plan for the State, and 
        shall publish the plan it develops not later than November 15 
        of the redistricting year.
            (2) Application of same criteria used by nonpartisan 
        agency.--Section 3(b) shall apply with respect to the 
        development of the redistricting plan by a court under this 
        subsection in the same manner as such section applies to the 
        development of the plan by the nonpartisan agency under section 
        3.
            (3) Enactment upon publication.--Upon the publication by 
        the highest court of the State of the redistricting plan under 
        this subsection, the plan shall be deemed to be enacted into 
        law.

SEC. 5. REDISTRICTING YEAR DEFINED.

    In this Act, the term ``redistricting year'' means, with respect to 
a State, the year in which the chief executive officer of the State 
receives the notice 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. 6. 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. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to any Congressional redistricting which occurs after the 
regular decennial census conducted during 2020.
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