later than the first December 1 which oc-
curs after the chief executive of the State 
receives the State apportionment notice. 
(B) DETERMINATION OF FAILURE TO ES-
TABLISH COMMISSION.—For purposes of sub-
paragraph (A), a State shall be considered to 
have failed to establish an independent redis-
tricting commission by the date referred to in 
such subparagraph if a chair of the commission 
has not been appointed on or before such date. 
(3) CRITERIA.—It is the sense of Congress 
that, in developing a redistricting plan for a State 
under this subsection, the district court should ad-
here to the same terms and conditions that applied 
to the development of the plan of the commission 
under section 4(b). 
(c) ACCESS
TO INFORMATION
AND RECORDS
OF 
COMMISSION.—A court which is required to select, pub-
lish, or develop a redistricting plan for a State under this 
section shall have access to any information, data, soft-
ware, or other records and material used by the inde-
pendent redistricting commission of the State in carrying 
out its duties under this Act.
SEC. 6. 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, sections 4 
and 5 shall apply with respect to the redistricting, except 
that— 
(1) the deadline for the establishment of the 
independent redistricting commission and the ap-
pointment of the commission’s chair (as described in 
section 4(a)(5)) shall be the expiration of the 30-day 
period which begins on the date of the final order of 
the Federal court to conduct the redistricting; 
(2) the deadline for the submission of redis-
tricting plans to the legislature by the commission, 
and the date of the termination of the commission 
(as described in section 4(c)(1) and section 4(e)) 
shall be the expiration of the 150-day period which 
begins on the date of the final order of the Federal 
court to conduct the redistricting; 
(3) the deadline for the selection and publica-
tion of the plan by the highest court of the State (as 
described in section 5(a)) shall be the expiration of 
the 180-day period which begins on the date of the
final order of the Federal court to conduct the redis-
tricting; and 
(4) the deadline for the selection and publica-
tion of the plan by the district court of the United 
States (as described in section 5(b)) shall be the ex-
piration of the 210-day period which begins on the 
date of the final order of the Federal court to con-
duct the redistricting. 
SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDIS-
TRICTING. 
(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 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 ESTABLISHMENT OF COMMISSION AS 
CONDITION OF PAYMENT.—The Election Assistance Com-
mission may not make a payment to a State under this 
section until the State certifies to the Commission that 
the State has established an independent redistricting 
commission, and that a chair of the commission has been 
appointed, in accordance with section 4. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section. 
SEC. 8. 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. 9. 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 2010. 
Æ