(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 re-
quirements 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 appoint-
ment to the Select Committee on Redistricting. 
SEC. 205. REPORT ON DIVERSITY OF MEMBERSHIPS OF 
INDEPENDENT 
REDISTRICTING 
COMMIS-
SIONS. 
Not later than May 15 of a year ending in the nu-
meral 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). 
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TITLE III—ROLE OF COURTS IN 
DEVELOPMENT 
OF 
REDIS-
TRICTING PLANS 
SEC. 301. FAILURE BY STATE TO ENACT PLAN. 
(a) DEADLINE FOR ENACTMENT OF PLAN.—Each 
State shall enact a final congressional redistricting plan 
following transmission of a notice of apportionment to the 
President by the earliest of— 
(1) the deadline set forth in State law; 
(2) February 15 of the year in which regularly 
scheduled general elections for Federal office are 
held in the State; or 
(3) 90 days before the date of the next regu-
larly scheduled primary election for Federal office 
held in the State. 
(b) DEVELOPMENT OF PLAN BY COURT IN CASE OF 
MISSED DEADLINE.—If a State has not enacted a final 
congressional redistricting plan by the applicable deadline 
under subsection (a), or it appears likely that a State will 
fail to enact a final congressional redistricting plan by 
such deadline— 
(1) any citizen of the State may file an action 
in the United States district court for the applicable 
venue asking the district court to assume jurisdic-
tion; 
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(2) the United States district court for the ap-
plicable venue, acting through a 3-judge court con-
vened pursuant to section 2284 of title 28, United 
States Code, shall have the exclusive authority to de-
velop and publish the congressional redistricting 
plan for the State; and 
(3) the final congressional redistricting plan de-
veloped and published by the court under this sec-
tion shall be deemed to be enacted on the date on 
which the court publishes the final congressional re-
districting plan, as described in subsection (e). 
(c) APPLICABLE VENUE.—For purposes of this sec-
tion, the ‘‘applicable venue’’ with respect to a State is the 
District of Columbia or the judicial district in which the 
capital of the State is located, as selected by the first party 
to file with the court sufficient evidence that a State has 
failed to, or is reasonably likely to fail to, enact a final 
redistricting plan for the State prior to the expiration of 
the applicable deadline set forth in subsection (a). 
(d) PROCEDURES FOR DEVELOPMENT OF PLAN.— 
(1) CRITERIA.—In developing a redistricting 
plan for a State under this section, the court shall 
adhere to the same terms and conditions that ap-
plied (or that would have applied, as the case may 
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be) to the development of a plan by the State under 
section 103. 
(2) ACCESS TO INFORMATION AND RECORDS.— 
The court shall have access to any information, 
data, software, or other records and material that 
was used (or that would have been used, as the case 
may be) by the State in carrying out its duties 
under this title. 
(3) HEARING; PUBLIC PARTICIPATION.—In de-
veloping 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, in-
cluding expert testimony, in accordance with 
the rules of the court; and 
(B) consider other submissions and com-
ments by the public, including proposals for re-
districting 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. 
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(e) PUBLICATION OF PLAN.— 
(1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 
Upon completing the development of one or more 
initial redistricting plans, the court shall make the 
plans available to the public at no cost, and shall 
also make available the underlying data used to de-
velop 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 avail-
able to the public under paragraph (1), and taking 
into consideration any submissions and comments by 
the public which are received during such period, the 
court shall develop and publish the final redistricting 
plan for the State. 
(f) USE OF INTERIM PLAN.—In the event that the 
court is not able to develop and publish a final redis-
tricting plan for the State with sufficient time for an up-
coming 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 
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otherwise affect the authority or discretion of the court 
to develop and publish the final redistricting plan, includ-
ing the discretion to make any changes the court deems 
necessary to an interim redistricting plan. 
(g) APPEALS.—Review on appeal of any final or in-
terim plan adopted by the court in accordance with this 
section shall be governed by the appellate process in sec-
tion 402. 
(h) STAY OF STATE PROCEEDINGS.—The filing of an 
action under this section shall act as a stay of any pro-
ceedings in State court with respect to the State’s congres-
sional redistricting plan unless otherwise ordered by the 
court. 
SEC. 302. SPECIAL RULE FOR REDISTRICTING CONDUCTED 
UNDER ORDER OF FEDERAL COURT. 
If a Federal court requires a State to conduct redis-
tricting subsequent to an apportionment of Representa-
tives in the State in order to comply with the Constitution 
or to enforce the Voting Rights Act of 1965, section 203 
shall apply with respect to the redistricting, except that 
the court may revise any of the deadlines set forth in such 
section if the court determines that a revision is appro-
priate in order to provide for a timely enactment of a new 
redistricting plan for the State. 
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TITLE IV—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT RE-
DISTRICTING. 
(a) AUTHORIZATION OF PAYMENTS.—Subject to sub-
section (d), not later than 30 days after a State receives 
a State apportionment notice, the Election Assistance 
Commission shall, subject to the availability of appropria-
tions 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 imple-
ment the State redistricting plan, and to otherwise carry 
out congressional redistricting in the State. 
(c) NO PAYMENT TO STATES WITH SINGLE MEM-
BER.—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.— 
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(1) REQUIREMENT.—Except as provided in 
paragraph (2) and paragraph (3), the Election As-
sistance Commission may not make a payment to a 
State under this section until the State certifies to 
the Commission that the nonpartisan agency estab-
lished 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 Redis-
tricting for the State established under section 
204(b). 
(2) EXCEPTION
FOR
STATES
WITH
EXISTING 
COMMISSIONS.—In the case of a State which, pursu-
ant to section 101(c), is exempt from the require-
ments 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 redis-
tricting commission meets the requirements of sec-
tion 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 
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Agency with the assistance of a Temporary Redis-
tricting 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 At-
torney General may bring a civil action for such re-
lief as may be appropriate to carry out this Act. 
(2) AVAILABILITY OF PRIVATE RIGHT OF AC-
TION.—Any citizen of a State who is aggrieved by 
the failure of the State to meet the requirements of 
the Constitution or Federal law, including this Act, 
with respect to the State’s congressional redis-
tricting, 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 fail-
ure. 
(3) DELIVERY OF COMPLAINT TO HOUSE AND 
SENATE.—In any action brought under this section, 
a copy of the complaint shall be delivered promptly 
to the Clerk of the House of Representatives and the 
Secretary of the Senate. 
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(4) EXCLUSIVE JURISDICTION AND APPLICABLE 
VENUE.—The district courts of the United States 
shall have exclusive jurisdiction to hear and deter-
mine claims asserting that a congressional redis-
tricting plan violates the requirements of the Con-
stitution or Federal law, including this Act. The ap-
plicable venue for such an action shall be the United 
States District Court for the District of Columbia or 
for the judicial district in which the capital of the 
State is located, as selected by the person bringing 
the action, except that the applicable venue for a 
civil action that includes a claim that a redistricting 
plan is in violation of section 103(c) shall be the 
District of Columbia. 
(5) USE
OF
3-JUDGE
COURT.—If an action 
under this section raises statewide claims under the 
Constitution or this Act, the action shall be heard by 
a 3-judge court convened pursuant to section 2284 
of title 28, United States Code. 
(6) REVIEW OF FINAL DECISION.—A final deci-
sion in an action brought under this section shall be 
reviewable on appeal by the United States Court of 
Appeals for the District of Columbia Circuit. There 
shall be no right of appeal in such proceedings to 
any other court of appeals. Such appeal shall be 
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taken by the filing of a notice of appeal within 10 
days of the entry of the final decision. A final deci-
sion by the Court of Appeals may be reviewed by the 
Supreme Court of the United States by writ of cer-
tiorari. 
(b) EXPEDITED CONSIDERATION.—In any action 
brought under this section, it shall be the duty of the dis-
trict court, the United States Court of Appeals for the 
District of Columbia Circuit, and the Supreme Court of 
the United States (if it chooses to hear the action) to ad-
vance on the docket and to expedite to the greatest pos-
sible 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 con-
gressional 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 
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election for the House of Representatives 
in the State would result, the district 
court, in its discretion, may allow a State 
to develop and propose a remedial congres-
sional redistricting plan for review by the 
court to determine whether the plan is in 
compliance with this Act, except that— 
(I) the State may not develop 
and propose a remedial plan under 
this clause if the court determines 
that the congressional redistricting 
plan of the State was enacted with 
discriminatory intent in violation of 
the Constitution or section 103(b); 
and 
(II) nothing in this clause may be 
construed to permit a State to use 
such a remedial plan which has not 
been approved by the court. 
(B) PROHIBITING USE OF PLANS IN VIOLA-
TION OF REQUIREMENTS.—No court shall order 
a State to use a congressional redistricting plan 
which violates, in whole or in part, the require-
ments of this Act, or to conduct an election 
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under terms and conditions which violate, in 
whole or in part, the requirements of this Act. 
(C) SPECIAL RULE IN CASE FINAL ADJU-
DICATION NOT EXPECTED WITHIN 3 MONTHS 
OF ELECTION.—If final adjudication of an ac-
tion under this section is not reasonably ex-
pected to be completed at least 3 months prior 
to the next regularly scheduled primary election 
for the House of Representatives in the State, 
the district court shall, as the balance of equi-
ties warrant— 
(i) develop, adopt, and order the use 
of an interim congressional redistricting 
plan in accordance with section 301(f) to 
address any claims under this Act for 
which a party seeking relief has dem-
onstrated a substantial likelihood of suc-
cess; and 
(ii) order adjustments to the timing of 
primary elections for the House of Rep-
resentatives and other related deadlines, as 
needed, to allow sufficient opportunity for 
adjudication of the matter and adoption of 
a remedial or replacement plan for use in 
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the next regularly scheduled general elec-
tions for the House of Representatives. 
(2) NO
STAY
PENDING
APPEAL.—Notwith-
standing the appeal of an order finding that a con-
gressional redistricting plan of a State violates, in 
whole or in part, the requirements of this Act, no 
stay shall issue which shall bar the development or 
adoption of a replacement or remedial plan under 
this subsection, as may be directed by the district 
court, pending such appeal. If such a replacement or 
remedial plan has been adopted, no appellate court 
may stay or otherwise enjoin the use of such plan 
during the pendency of an appeal, except upon an 
order holding, based on the record, that adoption of 
such plan was an abuse of discretion. 
(3) SPECIAL
AUTHORITY
OF
COURT
OF
AP-
PEALS.— 
(A) 
ORDERING
OF
NEW
REMEDIAL 
PLAN.—If, upon consideration of an appeal 
under this title, the Court of Appeals deter-
mines that a plan does not comply with the re-
quirements of this Act, it shall direct that the 
District Court promptly develop a new remedial 
plan with assistance of a special master for con-
sideration by the Court of Appeals. 
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(B) FAILURE
OF
DISTRICT
COURT
TO 
TAKE TIMELY ACTION.—If, at any point during 
the pendency of an action under this section, 
the District Court fails to take action necessary 
to permit resolution of the case prior to the 
next regularly scheduled election for the House 
of Representatives in the State or fails to grant 
the relief described in paragraph (1)(C), any 
party may seek a writ of mandamus from the 
Court of Appeals for the District of Columbia 
Circuit. The Court of Appeals shall have juris-
diction over the motion for a writ of mandamus 
and shall establish an expedited briefing and 
hearing schedule for resolution of the motion. If 
the Court of Appeals determines that a writ 
should be granted, the Court of Appeals shall 
take any action necessary, including developing 
a congressional redistricting plan with assist-
ance of a special master to ensure that a reme-
dial plan is adopted in time for use in the next 
regularly scheduled election for the House of 
Representatives in the State. 
(4) EFFECT OF ENACTMENT OF REPLACEMENT 
PLAN.—A State’s enactment of a redistricting plan 
which replaces a plan which is the subject of an ac-
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tion under this section shall not be construed to 
limit or otherwise affect the authority of the court 
to adjudicate or grant relief with respect to any 
claims or issues not addressed by the replacement 
plan, including claims that the plan which is the 
subject of the action was enacted, in whole or in 
part, with discriminatory intent, or claims to con-
sider whether relief should be granted under section 
3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(c)) based on the plan which is the subject of 
the action. 
(d) ATTORNEY’S FEES.—In a civil action under this 
section, the court may allow the prevailing party (other 
than the United States) reasonable attorney fees, includ-
ing 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 su-
persede, restrict, or limit the application of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 
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(2) VOTING RIGHTS ACT OF 1965.—Nothing in 
this Act authorizes or requires conduct that is pro-
hibited by the Voting Rights Act of 1965 (52 U.S.C. 
10301 et seq.). 
(f) LEGISLATIVE PRIVILEGE.—No person, legisla-
ture, or State may claim legislative privilege under either 
State or Federal law in a civil action brought under this 
section or in any other legal challenge, under either State 
or Federal law, to a redistricting plan enacted under this 
Act. 
(g) REMOVAL.— 
(1) IN GENERAL.—At any time, a civil action 
brought in a State court which asserts a claim for 
which the district courts of the United States have 
exclusive jurisdiction under this title may be re-
moved by any party in the case, including an inter-
venor, by filing, in the district court for an applica-
ble venue under this section, a notice of removal 
signed pursuant to Rule 11 of the Federal Rules of 
Civil Procedure containing a short and plain state-
ment of the grounds for removal. Consent of parties 
shall not be required for removal. 
(2) CLAIMS
NOT
WITHIN
THE
ORIGINAL
OR 
SUPPLEMENTAL JURISDICTION.—If a civil action re-
moved in accordance with paragraph (1) contains 
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claims not within the original or supplemental juris-
diction of the district court, the district court shall 
sever all such claims and remand them to the State 
court from which the action was removed. 
SEC. 403. STATE APPORTIONMENT NOTICE DEFINED. 
In this Act, the ‘‘State apportionment notice’’ means, 
with respect to a State, the notice sent to the State from 
the Clerk of the House of Representatives under section 
22(b) of the Act entitled ‘‘An Act to provide for the fif-
teenth and subsequent decennial censuses and to provide 
for an apportionment of Representatives in Congress’’, ap-
proved 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, in-
cluding the process by which a State establishes the dis-
tricts used in such elections. 
SEC. 405. EFFECTIVE DATE. 
Except as provided in section 102, this Act and the 
amendments made by this Act shall apply with respect to 
redistricting carried out pursuant to the decennial census 
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conducted during 2030 or any succeeding decennial cen-
sus. 
Æ 
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