Sec. 3. Commission to recommend number of Members of House of Representatives in event of significant population change
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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. A commission established under this section shall consist of 15 members appointed as follows: 5 members appointed by the Speaker of the House of Representatives. 5 members appointed by the minority leader of the House of Representatives. 2 members appointed by the majority leader of the Senate. 2 members appointed by the minority leader of the Senate. 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— at least 2 shall be members appointed by the Speaker of the House of Representatives; at least 2 shall be members appointed by the minority leader of the House of Representatives; at least one shall be one of the members appointed by the majority leader of the Senate; and at least one shall be one of the members appointed by the minority leader of the Senate. 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). 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. A vacancy in the commission shall be filled in the same manner as the original appointment was made. Members of the commission— 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 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. 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. 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. With respect to a regular decennial census, the commission shall carry out the following duties: Analyzing the shifts in population among the States. 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. Recommending the optimal number of Members of the House and the optimal apportionment of Members among the States, taking into account— shifts in population among the States; the need to reduce disparities in the size of congressional districts; and the need to ensure that historically under represented populations are not disenfranchised. 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. The commission may require by subpoena the attendance of such witnesses and the production of such books, papers, and documents, as it considers appropriate. 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. 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. A commission established under this section shall terminate 30 days after submitting the report under subsection (f). 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.
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Sec. 3
Commission to recommend number of Members of House of Representatives in event of significant population change
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