TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

U.S. Code as of: 01/06/03

Section 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk

(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.

SOURCE: (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.)

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, (apportionment) and Amend. XIV, Sec. 2 (re-apportionment).

 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.

 SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2b, 2c of this title.

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 3 - HAWAII

  U.S. Code as of: 01/22/02 Section 491 to 503 - Notes

CODIFICATION

Sections 491 to 503, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.

 Section 491, act Apr. 30, 1900, ch. 339, Sec. 2, 31 Stat. 141, gave name Territory of Hawaii to Hawaiian Islands.

 Section 492, act Apr. 30, 1900, ch. 339, Sec. 3, 31 Stat. 141, established a Territorial government with its capital at Honolulu.

 Section 493, act Apr. 30, 1900, ch. 339, Sec. 1, 31 Stat. 141, defined ''the laws of Hawaii'' as used in this chapter.

 Section 494, act Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141, granted United States citizenship to citizens of former Republic of Hawaii and Territorial citizenship to United States citizens resident in Territory under certain conditions.

 Section 495, acts Apr. 30, 1900, ch. 339, Sec. 5, 31 Stat. 141; May 27, 1910, ch. 258, Sec. 1, 36 Stat. 443; Apr. 12, 1930, ch. 136, Sec. 1(a), 46 Stat. 160; June 6, 1932, ch. 209, Sec. 116(b), 47 Stat. 205, made applicable to Territory the United States Constitution and all other laws of the United States including laws carrying general appropriations.

 Section 496, act Apr. 30, 1900, ch. 339, Sec. 6, 31 Stat. 142, continued in force laws of Hawaii not inconsistent with the Constitution or laws of the United States.

 Section 497, act Apr. 30, 1900, ch. 339, Sec. 74, 31 Stat. 155, continued in force laws of Hawaii relating to agriculture and forestry subject to modification by Congress or the Legislature.

Section 498, act Apr. 30, 1900, ch. 339, Sec. 102, 31 Stat. 161, related to abolishment of laws related to postal savings banks.

 Section 499, Joint Res. July 7, 1898, No. 55, Sec. 1, 30 Stat. 751, provided for assumption of public debt of Hawaii existing on July 7, 1898, not to exceed $4,000,000.

 Section 500, act Apr. 30, 1900, ch. 339, Sec. 9, 31 Stat. 143, amended the laws of Hawaii to read ''Governor of the Territory'' or ''Territory'' as the context required whenever reference was made to ''President of the Republic'' or ''Republic'' in the laws.

Section 501, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143, continued in effect and transferred to Territory of Hawaii prior rights in favor and against the former Republic of Hawaii and preserved all criminal proceedings.

 Section 502, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143, prohibited suits for specific performance of personal labor contracts.

 Section 503, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143, provided that contracts made between Apr. 12, 1898, and Apr. 30, 1900, providing for service for a definite term, should be null and void.

 TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 10 - TERRITORIAL PROVISIONS OF A GENERAL NATURE

 U.S. Code as of: 01/22/02

Section 1452. Regulation of Indians

Nor shall anything in title 23 of the Revised Statutes be construed to affect the authority of the United States to make any regulations respecting the Indians of any Territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed, or is hereafter established, in any such Territory. As used herein, the term ''Territory'' does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.

 SOURCE

(R.S. Sec. 1840; Pub. L. 98-213, Sec. 15(b), Dec. 8, 1983, 97 Stat. 1462.)

REFERENCES IN TEXT

Title 23 of the Revised Statutes, referred to in text, was in the original ''this Title'', meaning title 23 of the Revised Statutes, consisting of R.S. Sec. 1839 to 1976, and which, insofar as classified to the Code, is classified to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and to sections 644 to 647, 649, and 655 to 657 of Title 16, Conservation. For complete classification of R.S. Sec. 1839 to 1976 to the Code, see Tables.

CODIFICATION

R.S. Sec. 1840 derived from N.M., act Sept. 9, 1850, ch. 49, Sec. 2, 9 Stat. 447. Utah, act Sept. 9, 1850, ch. 51, Sec. 1, 9 Stat. 453. Wash., act Mar. 2, 1853, ch. 90, Sec. 1, 10 Stat. 172. Colo., act Feb. 28, 1861, ch. 59, Sec. 1, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, Sec. 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. 56, Sec. 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, Sec. 1, 12 Stat. 808. Mont., act May 26, 1864, ch. 95, Sec. 1, 13 Stat. 85. Wyo., act July 25, 1868, ch. 235, Sec. 1, 15 Stat. 178.

AMENDMENTS

1983 - Pub. L. 98-213 inserted provisions excluding from the term ''Territory'' the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 3 - HAWAII

 U.S. Code as of: 01/22/02

Section 644a. Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials

 The jurisdiction of the United States District Court for the District of Hawaii is extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement.  All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys.

The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court.