[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 643 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 643
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.
SEC. 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.
SEC. 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.
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