U.S. Code Chapter 1 Title 2 Section 2, 2a, 2b, & 2c.
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2 USC Sec. 2 01/03/2007
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TITLE 2 - THE CONGRESS
CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
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Sec. 2. Omitted
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CODIFICATION
Section, act Aug. 8, 1911, ch. 5, Secs. 1, 2, 37 Stat. 13, 14,
fixed composition of House of Representatives at 435 Members, to be
apportioned to the States therein enumerated. For provisions
dealing with reapportionment of Representatives and manner of
election, etc., see sections 2a and 2b of this title.
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2 USC Sec. 2a 01/03/2007
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TITLE 2 - THE CONGRESS
CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
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Sec. 2a. Reapportionment of Representatives; time and manner;
existing decennial census figures as basis; statement by
President; duty of clerk
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(a) On the first day, or within one week thereafter, of the first
regular session of the Eighty-second Congress and of each fifth
Congress thereafter, the President shall transmit to the Congress a
statement showing the whole number of persons in each State,
excluding Indians not taxed, as ascertained under the seventeenth
and each subsequent decennial census of the population, and the
number of Representatives to which each State would be entitled
under an apportionment of the then existing number of
Representatives by the method known as the method of equal
proportions, no State to receive less than one Member.
(b) Each State shall be entitled, in the Eighty-third Congress
and in each Congress thereafter until the taking effect of a
reapportionment under this section or subsequent statute, to the
number of Representatives shown in the statement required by
subsection (a) of this section, no State to receive less than one
Member. It shall be the duty of the Clerk of the House of
Representatives, within fifteen calendar days after the receipt of
such statement, to send to the executive of each State a
certificate of the number of Representatives to which such State is
entitled under this section. In case of a vacancy in the office of
Clerk, or of his absence or inability to discharge this duty, then
such duty shall devolve upon the Sergeant at Arms of the House of
Representatives.
(c) Until a State is redistricted in the manner provided by the
law thereof after any apportionment, the Representatives to which
such State is entitled under such apportionment shall be elected in
the following manner: (1) If there is no change in the number of
Representatives, they shall be elected from the districts then
prescribed by the law of such State, and if any of them are elected
from the State at large they shall continue to be so elected; (2)
if there is an increase in the number of Representatives, such
additional Representative or Representatives shall be elected from
the State at large and the other Representatives from the districts
then prescribed by the law of such State; (3) if there is a
decrease in the number of Representatives but the number of
districts in such State is equal to such decreased number of
Representatives, they shall be elected from the districts then
prescribed by the law of such State; (4) if there is a decrease in
the number of Representatives but the number of districts in such
State is less than such number of Representatives, the number of
Representatives by which such number of districts is exceeded shall
be elected from the State at large and the other Representatives
from the districts then prescribed by the law of such State; or (5)
if there is a decrease in the number of Representatives and the
number of districts in such State exceeds such decreased number of
Representatives, they shall be elected from the State at large.
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(June 18, 1929, ch. 28, Sec. 22, 46 Stat. 26; Apr. 25, 1940, ch.
152, 54 Stat. 162; Nov. 15, 1941, ch. 470, Sec. 1, 55 Stat. 761;
Pub. L. 104-186, title II, Sec. 201, Aug. 20, 1996, 110 Stat.
1724.)
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AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-186 struck out at end "; and in
case of vacancies in the offices of both the Clerk and the Sergeant
at Arms, or the absence or inability of both to act, such duty
shall devolve upon the Doorkeeper of the House of Representatives".
1941 - Act Nov. 15, 1941, provided for reapportionment based on
seventeenth and subsequent decennial censuses.
1940 - Act Apr. 25, 1940, provided for reapportionment based on
sixteenth decennial census.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which the report required by subsec. (a) of this section is listed
on page 17), see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance.
CONSTITUTIONAL PROVISIONS
Apportionment of Representatives among the several States, see
Const. Art. I, Sec. 2, cl. 3, and Amend. XIV, Sec. 2.
TEMPORARY INCREASE IN MEMBERSHIP
Representation of States of Alaska and Hawaii in House of
Representatives as not affecting basis of apportionment established
by this section, see section 9 of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions, and section 8 of Pub. L. 86-3,
Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491
of Title 48.
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