(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 Com-
mittee 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 non-
partisan agency shall develop and submit to the Se-
lect 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 para-
graph may include individuals who were included in 
the rejected selection pool submitted under sub-
section (b), so long as at least one of the individuals 
in the replacement pool was not included in such re-
jected pool. 
(2) ACTION BY SELECT COMMITTEE.— 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(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— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion pool for purposes of section 311(a)(1); 
or 
(ii) reject the pool, in which case the 
nonpartisan agency shall develop and sub-
mit 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 Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
(d) DEVELOPMENT OF SECOND REPLACEMENT SE-
LECTION POOL.— 
(1) IN GENERAL.—If the Select Committee on 
Redistricting rejects the replacement selection pool 
submitted by the nonpartisan agency under sub-
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
section (c), not later than 14 days after the rejec-
tion, the nonpartisan agency shall develop and sub-
mit 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 in-
dividuals who were included in the rejected selection 
pool submitted under subsection (b) or the rejected 
replacement selection pool submitted under sub-
section (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— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion pool for purposes of section 311(a)(1); 
or 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(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 Com-
mittee 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 ac-
cordance with subtitle C. 
SEC. 313. CRITERIA FOR REDISTRICTING PLAN BY INDE-
PENDENT COMMISSION; PUBLIC NOTICE AND 
INPUT. 
(a) DEVELOPMENT OF REDISTRICTING PLAN.— 
(1) CRITERIA.—In addition to the criteria set 
forth in section 311(b), the independent redistricting 
commission of a State shall develop a redistricting 
plan for the State in accordance with the following 
criteria, prioritized according to the following order: 
(A) Districts shall comply with the United 
States Constitution, including the requirement 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
that they equalize total population per Rep-
resentative elected. 
(B) Districts shall be established in a man-
ner consistent with the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.) and all applica-
ble Federal laws. 
(C) Districts shall provide racial, ethnic, 
and language minorities with an equal oppor-
tunity to participate in the political process and 
to elect candidates of choice and shall not dilute 
or diminish their ability to elect candidates of 
choice whether alone or in coalition with others. 
(D) To the extent practicable, districts 
shall reflect the diversity of political opinion in 
the State such that no district in the State— 
(i) elects exactly 3 Representatives 
and the nominee of one political party for 
President received at least 75 percent of 
the votes cast in the geographic area cov-
ered by the district in 2 of the 3 most re-
cent Presidential elections; 
(ii) elects exactly 4 Representatives 
and the nominee of one political party for 
President received at least 80 percent of 
the votes cast in the geographic area cov-
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
ered by the district in 2 of the 3 most re-
cent Presidential elections; or 
(iii) elects exactly 5 Representatives 
and the nominee of one political party for 
President received at least 83 percent of 
the votes cast in the geographic area cov-
ered by the district in 2 of the 3 most re-
cent Presidential elections. 
(E) To the greatest extent practicable the 
State shall minimize the number of districts 
electing 4 Representatives. 
(F) To the greatest extent practicable the 
State shall maximize the number of districts 
electing 5 Representatives. 
(G) To the extent practicable, districts 
shall minimize the division of any community of 
interest, municipality, county, or neighborhood. 
In this subparagraph, the term ‘‘community of 
interest’’ means an area with recognized simi-
larities of interests, including but not limited to 
ethnic, economic, social, cultural, geographic, or 
historic identities. Such term may, in cir-
cumstances, include political subdivisions such 
as counties, municipalities, or school districts, 
but shall not include common relationships with 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
political parties, officeholders, or political can-
didates. 
(2) NO FAVORING OR DISFAVORING OF POLIT-
ICAL PARTIES.—The redistricting plan developed by 
the independent redistricting commission shall not, 
when considered on a statewide basis, unduly favor 
or disfavor any political party. 
(3) PROHIBITING
CONSIDERATION
OF
RESI-
DENCE OF MEMBER OR OTHER CANDIDATE.—In de-
veloping the redistricting plan for the State, the 
independent redistricting commission may not take 
into consideration the residence of any Member of 
the House of Representatives or candidate. 
(b) PUBLIC NOTICE AND INPUT.— 
(1) USE OF OPEN AND TRANSPARENT PROC-
ESS.—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 pro-
posed and final redistricting plans. 
(2) WEBSITE.— 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(A) FEATURES.—The commission shall 
maintain a public internet site which is not af-
filiated with or maintained by the office of any 
elected official and which includes the following 
features: 
(i) General information on the com-
mission, its role in the redistricting proc-
ess, and its members, including contact in-
formation. 
(ii) An updated schedule of commis-
sion hearings and activities, including 
deadlines for the submission of comments. 
(iii) All draft redistricting plans devel-
oped by the commission under subsection 
(c) and the final redistricting plan devel-
oped under subsection (d), including the 
accompanying written evaluation under 
subsection (e). 
(iv) All comments received from the 
public on the commission’s activities, in-
cluding any proposed maps submitted 
under paragraph (1). 
(v) Live streaming of commission 
hearings and an archive of previous meet-
ings, including any documents considered 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
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 useable 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 pro-
posed maps directly to the commission. 
(viii) All records of the commission, 
including all communications to or from 
members, employees, and contractors re-
garding 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 311(c)(3). 
(x) A list of the names of all individ-
uals who submitted applications to serve 
on the commission, together with the appli-
cations submitted by individuals included 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
in any selection pool, except that the com-
mission may redact from such applications 
any financial or other personally sensitive 
information. 
(B) SEARCHABLE FORMAT.—The commis-
sion shall ensure that all information posted 
and maintained on the site under this para-
graph, including information and proposed 
maps submitted by the public, shall be main-
tained in an easily searchable format. 
(C) DEADLINE.—The commission shall en-
sure that the public internet site under this 
paragraph is operational (in at least a prelimi-
nary format) not later than January 1 of the 
year ending in the numeral one. 
(3) PUBLIC COMMENT PERIOD.—The commis-
sion 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 en-
actment into law under subsection (d)(2). 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(4) MEETINGS AND HEARINGS IN VARIOUS GEO-
GRAPHIC LOCATIONS.—To the greatest extent prac-
ticable, 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 no-
tice 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 re-
quired to provide election materials under section 
203 of the Voting Rights Act of 1965. 
(c) DEVELOPMENT AND PUBLICATION OF PRELIMI-
NARY REDISTRICTING PLAN.— 
(1) IN GENERAL.—Prior to developing and pub-
lishing a final redistricting plan under subsection 
(d), the independent redistricting commission of a 
State shall develop and publish a preliminary redis-
tricting plan. 
(2) MINIMUM PUBLIC HEARINGS AND OPPOR-
TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 
(A) 3 HEARINGS REQUIRED.—Prior to de-
veloping a preliminary redistricting plan under 
this subsection, the commission shall hold not 
fewer than 3 public hearings at which members 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
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 in on the website maintained under 
subsection (b)(2), and shall provide for the pub-
lication of such notices in newspapers of general 
circulation throughout the State. Each such no-
tice 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 (b)(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 devel-
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
oped under this subsection, together with a re-
port that includes the commission’s responses 
to any public comments received under sub-
section (b)(3), on the website maintained under 
subsection (b)(2), and shall provide for the pub-
lication of each such plan in newspapers of gen-
eral 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 pub-
lic through the website maintained under sub-
section (b)(2), as well as through publication of 
notice in newspapers of general circulation 
throughout the State, of the pending publica-
tion 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 
(b)(2)) with respect to the preliminary redistricting 
plan published under paragraph (3), including pro-
posed revisions to maps, for not fewer than 30 days 
after the date on which the plan is published. 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(5) POST-PUBLICATION HEARINGS.— 
(A) 3 HEARINGS REQUIRED.—After post-
ing and publishing the preliminary redistricting 
plan under paragraph (3), the commission shall 
hold not fewer than 3 public hearings in dif-
ferent 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 in on the website maintained under 
subsection (b)(2), and shall provide for the pub-
lication of such notices in newspapers of general 
circulation throughout the State. Each such no-
tice shall specify the date, time, and location of 
the hearing. 
(6) 
PERMITTING
MULTIPLE
PRELIMINARY 
PLANS.—At the option of the commission, after de-
veloping and publishing the preliminary redistricting 
plan under this subsection, the commission may de-
velop and publish subsequent preliminary redis-
tricting plans, so long as the process for the develop-
ment and publication of each such subsequent plan 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
meets the requirements set forth in this subsection 
for the development and publication of the first pre-
liminary redistricting plan. 
(d) PROCESS FOR ENACTMENT OF FINAL REDIS-
TRICTING PLAN.— 
(1) IN GENERAL.—After taking into consider-
ation comments from the public on any preliminary 
redistricting plan developed and published under 
subsection (c), the independent redistricting commis-
sion of a State shall develop and publish a final re-
districting plan for the State. 
(2) MEETING; FINAL VOTE.—Not later than the 
deadline specified in subsection (h), 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 com-
mission shall provide the following information to 
the public through the website maintained under 
subsection (b)(2), as well as through newspapers of 
general circulation throughout the State: 
(A) The final redistricting plan, including 
all relevant maps. 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(B) A report by the commission to accom-
pany 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 re-
ceived on any preliminary redistricting plan de-
veloped and published under subsection (c). 
(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 if— 
(A) the 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 ap-
proved selection pool described in section 
312(b)(1) approves the plan. 
(e) WRITTEN EVALUATION OF PLAN AGAINST EX-
TERNAL METRICS.—The independent redistricting com-
mission shall include with each redistricting plan devel-
oped and published under this section a written evaluation 
that measures each such plan against external metrics 
which cover the criteria set forth in paragraph (1) of sub-
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
section (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. 
(f) TIMING.—The independent redistricting commis-
sion of a State may begin its work on the redistricting 
plan of the State upon receipt of relevant population infor-
mation 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. 314. ESTABLISHMENT OF RELATED ENTITIES. 
(a) ESTABLISHMENT
OR DESIGNATION
OF NON-
PARTISAN 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 311. 
(2) NONPARTISANSHIP DESCRIBED.—For pur-
poses of this subsection, an agency shall be consid-
ered to be nonpartisan if under law the agency— 
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS
(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 and other ap-
plicable laws. 
(4) REGULATIONS.—The nonpartisan agency 
established or designated under this subsection shall 
adopt and publish regulations, after notice and op-
portunity 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 commis-
VerDate Sep 11 2014 
17:44 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3863.IH
H3863
lotter on DSK11XQN23PROD with BILLS