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2 U.S.C. § 2a — Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-2/section-2a-reapportionment-of-representatives-time-and-manner-existing-decennial-ce--3a68a6dc49.md
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Source location: Title 2, Chapter 1, § 2a; chapter-001-election-of-senators-and-representatives.md
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
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Federal law — U.S. Code and appendices · legal_authorities
Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or [section 2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2a&num=0&edition=prelim), to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3, act Aug. 8, 1911, ch. 5, § 3, 37 Stat. 14, which related to election by districts, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 ([section 2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2a&num=0&edition=prelim)). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
Section 4, act Aug. 8, 1911, ch. 5, § 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 ([section 2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2a&num=0&edition=prelim)). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
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Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 2—THE CONGRESS
§ 1
Sec.
2b.
Number of Representatives from each State
in 78th and subsequent Congresses.
2c.
Number of Congressional Districts; number of
Representatives from each District.
3, 4.
Omitted.
5.
Nominations for Representatives at large.
6.
Reduction of representation.
7.
Time of election.
8.
Vacancies.
9.
Voting for Representatives.
§ 1. Time for election of Senators
At the regular election held in any State next
preceding the expiration of the term for which
any Senator was elected to represent such State
in Congress, at which election a Representative
to Congress is regularly by law to be chosen, a
United States Senator from said State shall be
elected by the people thereof for the term com-
mencing on the 3d day of January next there-
after.
(June 4, 1914, ch. 103, § 1, 38 Stat. 384; June 5, 1934,
ch. 390, § 3, 48 Stat. 879.)
Editorial Notes
AMENDMENTS
1934—Act June 5, 1934, substituted ‘‘3d day of Janu-
ary’’ for ‘‘fourth day of March’’.
CONSTITUTIONAL PROVISIONS
The first section of Amendment XX to the Constitu-
tion provides in part: ‘‘* * * the terms of Senators and
Representatives [shall end] at noon on the 3d day of
January, of the years in which such terms would have
ended if this article had not been ratified; and the
terms of their successors shall then begin.’’
Time for election of Senators, see Const. Art. I, § 4, cl.
1.
Vacancies in the Senate, see Const. Amend. XVII.
§ 1a. Election to be certified by governor
It shall be the duty of the executive of the
State from which any Senator has been chosen
to certify his election, under the seal of the
State, to the President of the Senate of the
United States.
(R.S. § 18.)
Editorial Notes
CODIFICATION
R.S. § 18 derived from act July 25, 186
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