I 118th CONGRESS 1st Session H. R. 643 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. Short title; findings (a) Short title This Act may be cited as the Equal Voices Act . (b) Findings Congress finds the following: (1) Our Nation’s founders intended the House of Representatives to be the chamber closest to the American people: the People’s House . (2) The number of Representatives in Congress has been 435 since 1911 when the U.S. population was 92,228,531 (1910 U.S. Census). The U.S. population has grown to more than three times that size to 331,449,281 in 2020 (2020 U.S. Census) while the size of the House has remained the same. (3) Our electorate has changed significantly since the size of the House last grew in 1911. Prior to the passage of the 19th Amendment in 1920, the Civil Rights Act in 1957, and the Voting Rights Act in 1965, women and people of color faced barriers and in some cases, legal prohibitions, to voting. (4) When the cap on the size of the House was statutorily set in 1929, the average Member of the House represented approximately 280,000 people, compared to approximately 762,000 people in 2020. (5) Based on the 2020 Census, individuals in the State with the smallest population, Wyoming, had 1.3x more relative representation compared to the national average district size. (6) Each Member of the House represents far more people on average than legislators in nearly all developed and developing democracies, and is an outlier among other member countries of the Organization for Economic Cooperation and Development (OECD), with nearly 3 times the citizen to representative ratio as Japan, the country with next largest district size. (7) Representatives who serve fewer people are more likely to have contact with their constituents, receive higher marks for their constituent service, and better reflect the views of their districts. 2. Establishment of number of Members of House of Representatives on basis of number of constituents of least-populous State (a) Method for determination of number Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(a) ), is amended— (1) by striking (a) On the first day and inserting (a)(1) On the first day ; (2) by striking the then existing number of Representatives and inserting the number of Representatives determined under paragraph (2) ; and (3) by adding at the end the following new paragraph: (2) The number of Representatives determined under this paragraph is, with respect to a regular decennial census of the population of the United States, a number equal to— (A) the whole number of persons in all States (as shown in the statement under paragraph (1)); divided by (B) the whole number of persons in the State with the smallest whole number of persons (as shown in such statement), rounded to the nearest whole odd number. . (b) Conforming amendment The first section and section 2 of the Act entitled An Act For the apportionment of Representatives in Congress among the several States under the Thirteenth Census , approved August 8, 1911 ( 2 U.S.C. 2 note), are repealed. (c) Effective date The amendments made by this section shall apply with respect to the first regular decennial census conducted after the date of the enactment of this Act and each subsequent decennial census. 3. Commission to recommend number of Members of House of Representatives in event of significant population change (a) Establishment If, with respect to a regular decennial census of the population of the United States, the number of Representatives determined under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(a) ), as amended by section 2(a), is 15 percent greater or lesser than the number of Representatives determined under such section with respect to the previous regular decennial census, there shall be established in Congress a commission to carry out the duties described in subsection (d) with respect to the apportionment of Representatives resulting from that census. (b) Membership (1) Appointment A commission established under this section shall consist of 15 members appointed as follows: (A) 5 members appointed by the Speaker of the House of Representatives. (B) 5 members appointed by the minority leader of the House of Representatives. (C) 2 members appointed by the majority leader of the Senate. (D) 2 members appointed by the minority leader of the Senate. (E) One member who shall serve as the Chair of the Commission, who shall be appointed by the vote of a majority of the other members, of whom— (i) at least 2 shall be members appointed by the Speaker of the House of Representatives; (ii) at least 2 shall be members appointed by the minority leader of the House of Representatives; (iii) at least one shall be one of the members appointed by the majority leader of the Senate; and (iv) at least one shall be one of the members appointed by the minority leader of the Senate. (2) Deadline for appointment The appointing authorities under paragraph (1) shall appoint the members of the commission not later than 30 days after the President transmits to Congress the statement showing the number of Representatives to which each State is entitled under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(a) ), as amended by section 2(a). (3) Qualifications In appointing members of the commission, the appointing authorities under paragraph (1) shall prioritize the appointment of individuals who are qualified to assess the appropriate number of Members of the House of Representatives because of their expertise or study of politics, government, and related fields, and their demonstrated ability to work in a nonpartisan manner. (4) Vacancy A vacancy in the commission shall be filled in the same manner as the original appointment was made. (5) Compensation Members of the commission— (A) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the commission; and (B) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Staff (1) Authority to appoint staff The chair of the commission may appoint, prescribe the duties and responsibilities of, and fix the pay of such staff as the chair considers appropriate to assist the commission in carrying out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the rate of pay for a member of the commission. (2) Experts and consultants Section 202(i) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4301(i) ) shall apply with respect to the commission in the same manner as such section applies with respect to a standing committee of the Senate. (d) Duties With respect to a regular decennial census, the commission shall carry out the following duties: (1) Analyzing the shifts in population among the States. (2) Analyzing how the application of section 22(a)(2) of the Act entitled An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(a)(2) ), as added by section 2(a), will affect the ability of the House of Representatives to carry out its responsibilities in an effective manner. (3) Recommending the optimal number of Members of the House and the optimal apportionment of Members among the States, taking into account— (A) shifts in population among the States; (B) the need to reduce disparities in the size of congressional districts; and (C) the need to ensure that historically under represented populations are not disenfranchised. (e) Powers (1) Hearings and other activities For the purpose of carrying out its duties, the commission may hold such hearings and undertake such other activities as the commission determines to be necessary to carry out its duties. (2) Authority to use subpoenas The commission may require by subpoena the attendance of such witnesses and the production of such books, papers, and documents, as it considers appropriate. (3) Access to legislative branch services The commission shall have access to the services of the Architect of the Capitol, the Government Accountability Office, the Congressional Budget Office, and the Congressional Research Service in the same manner and under the same terms and conditions as any standing committee of the House of Representatives or Senate. (f) Report The commission shall submit a report to Congress containing its recommendations under subsection (d)(3) not later than 6 months after the publication of the regular decennial census of the population of the United States. (g) Termination A commission established under this section shall terminate 30 days after submitting the report under subsection (f). (h) Effective date This section shall apply with respect to the second regular decennial census conducted after the date of the enactment of this Act and each subsequent decennial census. 4. Authorization of appropriations for provision of additional space, facilities, personnel, and resources There are authorized to be appropriated to the House of Representatives and the Architect of the Capitol for the fiscal year in which this Act is enacted and each succeeding fiscal year such sums as may be necessary to provide for any additional space, facilities, personnel, and other resources for the House which may be required as the result of the enactment of this Act.