I
112th CONGRESS
2d Session
H. R. 3846
IN THE HOUSE OF REPRESENTATIVES
January 31, 2012
Mr. Blumenauer introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, 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 a National Commission for Independent Redistricting to prepare Congressional redistricting plans for all States and to require Congressional redistricting in a State to be conducted in accordance with the Commission plan for the State.
Short title, finding of constitutional authority
Short Title
This Act may be cited as the National Commission for Independent Redistricting Act of
2012
.
Finding
Congress finds that it has the authority to establish the terms and conditions in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because—
the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and
the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number.
National commission for independent redistricting
Establishment of commission
There is
established in the legislative branch with respect to each regular decennial
census (beginning with the regular decennial census conducted during 2020) a
commission to be known as the National Commission for Independent
Redistricting
(hereafter in this Act referred to as the
Commission
).
Preparation and Submission of State Redistricting Plans
Preparation of Congressional Redistricting Plan for Each State
In general
Not later than 2
years after receiving the statement of the number of Representatives to which
each State is entitled, as transmitted to the Commission by the President under
section 22(a) 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(a)),
as amended by subsection (d), the Commission shall establish and approve a
Congressional redistricting plan for each State that contains—
a map showing each Congressional district established under the plan for the State, consistent with the criteria described in paragraph (2);
a detailed statement of the findings and conclusions of the Commission and the reasons why the adoption of the plan will best serve the public interest; and
the assumptions, scenarios, and alternatives considered in reaching such findings and conclusions.
Criteria considered
The Commission shall develop the redistricting plan for a State in accordance with the following criteria:
Adherence to the
one person, one vote
standard and other requirements imposed
under the Constitution of the United States.
To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary 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).
Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws.
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, in the following order of priority:
The continuity of counties or parishes.
The continuity of municipalities.
The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information).
To the greatest extent practicable and consistent with the criteria set forth above, encouraging the geographical compactness of districts so that nearby population areas are not bypassed for more distant population areas (in accordance with such standards as the Commission may establish).
Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water).
Factors prohibited from consideration
In developing the redistricting plan for a State, the Commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965:
The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any law of the State which requires the establishment of competitive Congressional districts.
The political party affiliation of the population of a district.
The residence of incumbent Members of the House of Representatives, or of potential candidates for the House of Representatives, in the State.
Development and approval of plans through transparent process
In accordance with section 104, the Commission shall develop interim redistricting plans for a State, and shall develop and approve a final redistricting plan for a State, through a transparent process that takes into account public comments.
Approval of plan
The Commission may not approve a redistricting plan for a State under this section unless the plan is approved by not fewer than 8 of its members.
Requiring President To Transmit Statement of Number of Representatives for States
Section 22(a) 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(a)), is amended by
striking to the Congress
and inserting to the Congress
and to the National Commission for Independent Redistricting established with
respect to the decennial census involved
.
Membership
Appointment
In general
The Commission shall be composed of 14 members, of whom no more than 7 may be members of or affiliated with the same political party, who are appointed as follows:
The Speaker of the House of Representatives shall appoint 4 members.
The minority leader of the House of Representatives shall appoint 4 members.
The majority leader of the Senate shall appoint 3 members.
The minority leader of the Senate shall appoint 3 members.
Qualifications
Members of the Commission shall be appointed on the basis of relevant experience, integrity, impartiality, and good judgment and members, subject to the following:
An individual may not be appointed as a Member if, at the time of appointment, the individual is elected or appointed officer or employee of the Federal Government.
An individual who is appointed as a Member shall certify in writing, under penalty of perjury, to each of the officers referred to in paragraph (1) that the individual shall not seek election or appointment to any public office until the expiration of the 3-year period which begins on the date the Commission terminates.
Deadline
Members of the Commission shall be appointed by not later than October 1 of the year in which the regular decennial census is conducted.
Co-Chairs
The Co-Chairs of the Commission shall be elected from among the members of the Commission. The Co-Chairs may not be members or affiliated with the same political party.
Term of Service; Vacancies
Each Member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made, but shall be filled not later than 14 days after the vacancy occurs.
Compensation: Travel Expenses
Members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. Each Member 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.
Administration
Authority to establish rules and regulations
The Co-Chairs, in consultation with the other members of the Commission, shall establish rules and regulations for the conduct of Commission business, if such rules and regulations are not inconsistent with this section or other applicable law.
Quorum
Not fewer than 9 members of the Commission shall constitute a quorum for purposes of voting, meeting, and holding hearings.
Meetings
Initial meeting
Not later than 30 days after all of the Commission’s members have been appointed, the Commission shall hold its first meeting.
Subsequent meetings
After the first meeting, the Commission shall meet upon the call of the Co-Chairs.
Transparency
Open meetings and hearings
Each meeting and hearing held by the Commission shall be open to the public, and a notice of the date, time, and location of the meeting and hearing shall be posted on the Internet site established and operated under subsection (c).
Development and approval of plans through participation of public
Outreach to public
The Commission shall establish a public outreach program to notify members of the public of the work about the Commission and to encourage to the greatest extent practicable the participation of the public in the development and review of redistricting plans. Under such program, the Commission shall solicit comments from the public for each proposed redistricting plan for a State it develops, and shall take such comments into consideration prior to developing any subsequent plan.
Final plan
The Commission may not vote on a final redistricting plan for a State until the expiration of the 14-day period which begins on the date the Commission first makes the plan available for public comment.
Internet
Establishment
Not later than 30 days after all of the Commission’s members have been appointed, the Commission shall establish and operate an Internet site through which members of the public may obtain the information described in paragraph (2) and may submit comments to the Commission regarding any of the information posted on the site.
Contents
On the Internet site established under paragraph (1), the Commission shall post and continuously updated the following information:
A complete and current schedule of Commission events (including all meetings, hearings, and forums) and dates relevant to the development and adoption of redistricting plans (including periods for members of the public to submit comments on plans).
Each redistricting plan proposed by the Commission, including a map of each Congressional district under the plan and a Statewide map showing each Congressional district in a State under the plan.
The most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting results in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information.
The records of the Commission which pertain to the development and adoption of redistricting plans, including recorded votes taken on the approval of a plan and any minority or dissenting opinions written with respect to the approval or rejection of a plan.
Not later than 14 days prior to the date of any meeting or hearing of the Commission, a notice of the date, time, and location of the meeting or hearing.
Not later than 7 days prior to the date of any meeting of the Commission, the agenda for the meeting.
Not later than 7 days after the conclusion of any hearing conducted by the Commission, a transcription and video recording of the hearing.
Such other information as the Commission is required to make publicly available under applicable law, and any other information the Commission may choose to make publicly available subject to applicable law.
Staff of commission
Appointment of staff
Shared Staff
The Co-Chairs shall jointly appoint an individual to serve as staff director of the Commission, and may also jointly appoint such other personnel as may be necessary to enable the Commission to carry out its functions.
Additional staff for Commission members
Each member of the Commission may appoint up to 5 additional staff for the Commission.
Coverage under Congressional Accountability Act of 1995
Any individual appointed to the staff of the Commission under this subsection shall be considered a covered employee, and the Commission shall be considered an employing office, for purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
Inapplicability of Certain Civil Service Laws
The staff director and other personnel of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that no individual appointed under the authority of this section may receive pay in excess of the annual rate of basic pay for GS–15 of the General Schedule.
Staff of Federal Agencies
Upon the request of the Co-Chairs of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this title.
Powers of commission
Hearings and Sessions
The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
Powers of Members and Agents
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
Obtaining Official Data
The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission.
Mails
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
Administrative Support Services
Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act.
Compliance with ethics guidelines
Compliance with Code of Conduct of House of Representatives
Each member and staff
of the Commission shall certify in writing to each of the individuals referred
to in section 103(a)(1), under penalty of perjury, that the member or staff
agrees to follow rule XXIII of the Rules of the House of Representatives (known
as the Code of Conduct
).
Reports under Ethics in Government Act of 1978
Notwithstanding any other provision of law, for purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and staff of the Commission—
shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and
shall file any report required to be filed by such member or such staff (including by virtue of the application of paragraph (1)) under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) with the Clerk of the House of Representatives.
Termination
The Commission shall terminate 90 days after the date of enactment of the Commission plan.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this title.
Requirements for congressional redistricting
Requiring redistricting to be conducted through approved state plans of commission
Enactment of Legislation by Congress
After
the Commission has approved a redistricting plan under title I for all States,
the Commission shall prepare and submit to Congress and the President a bill
(hereafter in this title referred to as the Commission bill
),
the matter following the enacting clause of which consists of only the
following: That notwithstanding any other provision of law, each State
shall carry out any congressional redistricting required after the regular
decennial census conducted in ___ only in accordance with the redistricting
plan which was approved for the State with respect to that census by the
National Commission for Independent Redistricting.
, with the blank
filled in with the year in which the decennial census was conducted.
Existing districts unchanged until enactment of commission bill
Until the Commission bill is enacted, the congressional districts in each State shall remain in effect.
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
National Commission for Independent Redistricting Act of 2011
.
Expedited consideration of commission bill by congress
Introduction of commission bill
Upon receipt by Congress, the Commission bill shall be introduced within 30 days in the Senate and in the House of Representatives by the majority leader of each House of Congress, for himself, the minority leader of each House of Congress, for himself, or any member of the House designated by the majority leader or minority leader. If the Commission bill is not introduced in accordance with the preceding sentence in either House of Congress, then any Member of that House may introduce the Commission bill on any day thereafter. Upon introduction, the Commission bill shall be referred to the appropriate committees under subsection (b).
Committee consideration
A Commission bill introduced in either House of Congress shall be jointly referred to the committee or committees of jurisdiction, which shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 7 calendar days after the date of introduction of the bill in that House, or the first day thereafter on which that House is in session. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar.
Fast track consideration in house of representatives
Proceeding to consideration
It shall be in order, not later than 2 days of session after the date on which a Commission bill is reported or discharged from all committees to which it was referred, for the majority leader of the House of Representatives or the majority leader’s designee, to move to proceed to the consideration of the Commission bill. It shall also be in order for any Member of the House of Representatives to move to proceed to the consideration of the Commission bill at any time after the conclusion of such 2-day period. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the Commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
Consideration
The Commission bill shall be considered as read. All points of order against the Commission bill and against its consideration are waived. The previous question shall be considered as ordered on the Commission bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent, and any motion to limit debate. A motion to reconsider the vote on passage of the Commission bill shall not be in order.
Appeals
Appeals from decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a Commission bill shall be decided without debate.
Application of house rules
Except to the extent specifically provided in paragraph (1), consideration of a Commission bill shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any Commission bill introduced pursuant to the provisions of this subsection under a suspension of the rules pursuant to Clause 1 of House Rule XV, or under a special rule reported by the Committee on Rules.
No amendments
No amendment to the Commission bill shall be in order in the House of Representatives.
Vote on passage
Immediately following the conclusion of consideration of the Commission bill, the vote on passage of the Commission bill shall occur without any intervening action or motion. If the Commission bill is passed, the Clerk of the House of Representatives shall cause the bill to be transmitted to the Senate before the close of the next day of session of the House.
Fast track consideration in senate
In general
Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Commission bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the Commission bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Commission bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Commission bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Commission bill is agreed to, the Commission bill shall remain the unfinished business until disposed of.
Debate
All points of order against the Commission bill and against consideration of the Commission bill are waived. Consideration of the Commission bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 100 hours. Debate shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the Commission bill is in order and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the Commission bill, including time used for quorum calls and voting, shall be counted against the total 100 hours of consideration.
No amendments
An amendment to the Commission bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Commission bill, is not in order.
Vote on passage
The vote on passage shall occur immediately following the conclusion of the debate on a Commission bill, and a single quorum call at the conclusion of the debate if requested.
Rulings of the chair on procedure
Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Commission bill shall be decided without debate.
Rules to coordinate action with other house
Referral
If, before the passage by one House of a Commission bill of that House, that House receives from the other House a Commission bill, then the Commission bill of the other House shall not be referred to a committee and shall immediately be placed on the calendar.
Procedure
If the Senate receives the Commission bill passed by the House of Representatives before the Senate has voted on passage of the Commission bill—
the procedure in the Senate shall be the same as if no Commission bill had been received from the House of Representatives; and
the vote on passage in the Senate shall be on the Commission bill of the House of Representatives.
Treatment of commission bill of other house
If one House fails to introduce or consider a Commission bill under this section, the Commission bill of the other House shall be entitled to expedited floor procedures under this section.
Treatment of companion measures in the senate
If following passage of the Commission bill in the Senate, the Senate then receives the Commission bill from the House of Representatives, the House-passed Commission bill shall not be debatable. The vote on passage of the Commission bill in the Senate shall be considered to be the vote on passage of the Commission bill received from the House of Representatives.
Vetoes
If the President vetoes the Commission bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.
Suspension
No motion to suspend the application of this section shall be in order in the Senate or in the House of Representatives.
Limit on congressional redistricting after an apportionment
Limit
The Act entitled An Act for the
relief of Doctor Ricardo Vallejo Samala and to provide for congressional
redistricting
, approved December 14, 1967 (2 U.S.C. 2c), is amended by
adding at the end the following: A State which has been redistricted in
the manner provided by law after an apportionment under section 22(a) 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), may not be redistricted
again until after the next apportionment of Representatives under such section,
unless a court requires the State to conduct such subsequent redistricting to
comply with the Constitution or to enforce the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.)
Effective Date
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
No effect on redistricting for state or local elections
Nothing in this Act or the amendments made by this Act may be construed to affect any procedures a State or a unit of local government in a State may use to conduct redistricting with respect to elections for State or local offices.
Effective Date
Effective Date
Except as provided in section 203, 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.