Once the 2020 census has been completed, the Census Bureau and the Department of Commerce will be expected to ANNOUNCE the total populations of each state and the number of representatives each state is due in the next House of Representatives. The President will then TRANSMIT that packet of figures to Congress, as governed by 2 U.S. Code § 2a. This website explains the historical precedents governing this tradition of ANNOUNCE and TRANSMIT.
These are the central pillars of the “announce and transmit” tradition:
Since 1950, the public announcement of the apportionment numbers has always occurred on the same day as the transmittal of the numbers to the President.
For the last 50 years, the announcement has taken place in a press briefing, typically at the National Press Club or Department of Commerce.
In recent history, the White House has transmitted the numbers to Congress within 1 day of its reconvening.
In the last 9 decades, the apportionment process has been overseen by 4 Republican and 5 Democratic administrations. All announced the numbers to the public and met the statutory deadlines for transmitting the data to the President and then to Congress.
Announce
Every 10 years, the U.S. Census Bureau counts each person in the United States, fulfilling a duty inscribed by the founders in the Constitution of the United States.
For nearly a century now, the Census Bureau and the Department of Commerce have followed the count by publicly ANNOUNCING the total numbers of persons in each state and the number of representatives each state will have in the next decade's House of Representatives.
Transmit
The Census Bureau and Department of Commerce also TRANSMIT that packet of numbers through the President to Congress according to deadlines fixed in law by Congress.
President Barack Obama
Secretary of Commerce Gary Locke
Director of the Census Bureau Robert Groves
Dec. 21, 2010
Transmission to President and Release to Public
Commerce Secretary Locke transmitted the apportionment numbers to President Obama. At 11am, Secretary Locke, Deputy Secretary Blank, and Census Bureau Director Groves released the first set of 2010 Census numbers — the resident population and Congressional apportionment totals for each state — during a news briefing at the National Press Club.
Jan. 5, 2011
Transmission to Congress
President Obama (D) transmitted the apportionment numbers to Congress.
Jan. 12, 2011
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
Gary Locke, speaking to the Senate Commerce, Science, and Transportation Committee on before his confirmation as Commerce Secretary, emphasized that the decennial census “will be run out of the Department of Commerce and by a Director who will work with the Congress, the Administration, and our state and local leaders ... in making this a successful count.”
GOVERNOR GARY F. LOCKE OPENING STATEMENT TO THE SENATE COMMITTEE ON COMMERCE, SCIENCE AND TECHNOLOGY
May 15, 2009 - Groves Congressional Testimony
Groves testified before the Senate Homeland Security and Governmental Affairs Committee during his nomination hearing to be Bureau Director. He stated that “government statistical agencies must be independent of partisan politics” and he noted that he agreed “fully with Secretary Locke’s testimony that statistical adjustment of the census is eliminated as an option for reapportionment and further that statistical adjustment will not be used for redistricting.”
Opening Remarks Robert M. Groves (May 15, 2009)
11 a.m. Secretary of Commerce Gary Locke, Acting Deputy Secretary Rebecca Blank, and Census Bureau Director Robert Groves released the first set of 2010 Census data at a news conference at the National Press Club in Washington, D.C, including the resident population for the nation and the states as well as the congressional apportionment totals for each state.
PRESS RELEASE- 2010 Census Results (Census Bureau) PRESS BRIEFING- 2010 Census Results (C-SPAN)
December 31, 2010 - Statutory Deadline
Statutory deadline required by Title 13 of the U.S. Code for apportionment counts to be transmitted to the president.
January 5, 2011 - Transmission to Congress
112th Congress The House of Representatives and the Senate convened the first session of the 112th Congress.
Same day as Congress convening President Obama transmitted the apportionment counts to the 112th Congress during the first week of its first regular session in January. The reapportioned Congress was the 113th, which would convene in January 2013. Message from the President to the Congress Regarding the Census
Message from the President to the Congress Regarding the Census
January 6, 2011
One day after transmission and convening of Congress Congress received a communication from the president, transmitting his report of the apportionment population for each state as of April 1, 2010, and the number of representatives to which each state would be entitled.
House Document No. 112-5
January 12, 2011 - Transmission to the Governors
Six days after Congress received numbers from POTUS The Clerk of the U.S. House of Representatives sent certificates to the governors of each state, indicating the number of seats representatives each state was entitled to in the reapportioned 113th Congress, which convened in January 2013.
Cover Letter: 2011 - TN Apportionment Certificate (Feb. 1, 2011)
President Bill Clinton
Secretary of Commerce Norman Mineta
Director of the Census Bureau Kenneth Prewitt
Dec. 28, 2000
Transmission to President and Release to Public
Commerce Secretary Mineta, Under Secretary Shapiro, and Census Bureau Director Prewitt transmitted the apportionment counts to President Clinton, and then released the first set of 2000 Census numbers — the resident population and Congressional apportionment totals for each state — during an 11 a.m. news briefing at the National Press Club.
Jan. 4, 2001
Transmission to Congress
President Clinton (D) transmitted the apportionment numbers to Congress.
Jan. 2001
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
The Census Bureau announced ‘‘The Plan for Census 2000,’’ which included the use of two forms of statistical sampling in the 2000 Decennial Census to address a chronic and apparently growing problem of “undercounting” of some identifiable groups
December 28, 2000 - Transmission to President and Release to Public
“Mineta, Shapiro and Census Bureau Director Kenneth Prewitt” transmitted the Census 2000 apportionment counts to President Clinton.
2000 Census Press Release
11am EST Commerce Secretary Norman Y. Mineta, Under Secretary for Economic Affairs Robert J. Shapiro and Census Bureau Director Kenneth Prewitt released the first set of Census 2000 numbers — the resident population and Congressional apportionment totals for each state — at a news briefing at the National Press Club.
000 Census Results (C-SPAN)
December 31, 2000 - Statutory Deadline
Statutory deadline required by Title 13 of the U.S. Code for apportionment counts to be transmitted to the president.
January 3, 2001 - Transmission to Congress
The House of Representatives and the Senate convened the first session of the 107th Congress.
January 4, 2001 One day after reconvening of Congress President Clinton sent his report on the apportionment population of each state as of April 1, 2000, and the number of Representatives to which each state would be entitled.
House Document 107-12
January 6, 2001
2 days days after transmission and 3 days after reconvening of Congress Congress met in joint session to count electoral college votes for President and Vice President (2000 election).
January 6, 2001 - Issue: Vol. 147, No. 4 — Daily Edition
Congress received the communication from the President of the United States, transmitting his report on the apportionment population for each State as of April 1, 2000, and the number of Representatives to which each State would be entitled.
House Document 107-12
Director of the Census Bureau Barbara Everitt Bryant
Dec. 26, 1990
Transmission to President and Release to Public
Commerce Secretary Mosbacher transmitted the apportionment numbers to President Bush, and then Under Secretary Darby and Director Bryant announced the apportionment numbers during a press briefing held at the Department of Commerce.
Jan. 7, 1991
Transmission to Congress
President Bush (R) transmitted the apportionment numbers to Congress. The transmission letter included a caveat stating, “The population counts set forth herein are subject to possible correction for undercount or overcount. The Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991
January 1990
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
Statutory deadline required by Title 13 of the U.S. Code for apportionment counts to be transmitted to the president.
January 3, 1991 - Transmission to Congress
The House of Representatives and the Senate convened the first session of the 102nd Congress.
Same day as Congress convening President Bush sent Congress his report on the apportionment population for each State as of April 1, 1990, and the number of Representatives to which each State would be entitled.
House Document No. 102-18 (Jan. 7, 1991)
January 7, 1991
4 days after transmission and reconvening of Congress Congress received a communication from the President of the United States, transmitting his report on the apportionment population for each State and the number of Representatives to which each State would be entitled.
House Document No. 102-18 (Jan. 7, 1991) *Note the caveat- “The population counts set forth herein are subject to possible correction for undercount or overcount. The Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.”
Decision on Adjustment and Subsequent Litigation
Date? In June 1991, the Undercount Steering Committee, a Census Bureau group charged with advising the director on adjustment, voted 9-2 to recommend using the adjusted population counts. Following this recommendation, the director herself came out in favor of adjustment. However, the undersecretary of commerce for economic affairs, who oversees the Census Bureau disagreed. The Secretary of Commerce's Special Advisory Panel split, four votes to four.
Bryant Oral Histroy (Beginning at p.22) Letter: 1990 Congressional Apportionment Based on Adjusted Counts (July 8, 1991)
Mosbacher’s final decision on the issue of adjusting the 1990 census to correct for overcounts or undercounts of the population in the 1990 Decennial Census was published in the federal register.
Federal Register, p.33582 (July 22, 1991) (p.33582)
The Federal District Court decided in favor of the Department of Commerce in April 1993. Plaintiffs appealed the ruling, and the U.S. Court of Appeals rejected the district court ruling and ordered that the case be returned to the district court for further proceedings.
Felicity Barringer, “U.S. Judge Upholds Population Count” New York Times, April 14, 1993.
The Census Bureau officially certified the 1980 population count of the states and reported the apportionment numbers to President Carter only hours before the legal deadline. The Census Bureau then held a ceremony at the Department of Commerce and released the final national population count as well as state-by-state population counts.
Jan. 7, 1981
Transmission to Congress
President Carter (D) transmitted the apportionment numbers to Congress.
Jan. 1981
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each s
Congress passed Public Law (P.L.) 94-521, which extended the date for delivering apportionment data to the president from 8 months to 9 months from Census Day.
Public Law No. 94-521
Before the enumeration process had finished, the city of Detroit sued, demanding that statistical adjustment be used to compensate for those estimated by the Census Bureau to have been missed or improperly counted. Shortly thereafter, several other states and localities, including the city and state of New York, also filed suit.
YOUNG v. KLUTZNICK 652 F.2d 617 (1981) Young v. Klutznick, 497 F. Supp. 1318 (E.D. Mich. 1980)
Barabba testified before a subcommittee of the Senate Committee on Governmental affairs, asking the subcommittee “to defeat any effort in the Senate which would prevent the President from transmitting decennial figures for Congressional apportionment.”
Undercount and the 1980 Decennial Census p.26
The Supreme Court voted 7-1 to overturn an order by a lower Federal court that had blocked the certification, pending the Government's appeal of a successful assertion by New York City that its count should be adjusted to make up for New Yorkers overlooked by census takers.
KLUTZNICK v. CAREY
December 31, 1980 - Transmission to President, Release to Public, and Statutory Deadline
Statutory deadline required by Title 13 of the U.S. Code for apportionment counts to be transmitted to the president.
*Initially, apportionment data had to be delivered to the President 8 months from Census Day. In 1976, Public Law (P.L.) 94-521 extended the date for delivering apportionment data to the president to 9 months from Census Day.
January, 5 1981 - Transmission to Congress
The House of Representatives and the Senate convened the first session of the 97th Congress.
2 days after transmission and 4 days after reconvening of Congress On January 9th, Congress received a communication from the President of the United States, transmitting his report on the apportionment population for each State as of April 1.
House Document No. 97-5 (Jan. 9, 1981)
Commerce Secretary Stans transmitted the apportionment numbers to President Nixon, and a formal ceremony took place at the White House in which Secretary Stans and Director Brown presented the results of the 1970 census to President Nixon.
Jan. 27, 1971
Transmission to Congress
President Nixon (R) transmitted the apportionment numbers to Congress.
February 2, 1971
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
November 30, 1970 - Transmission to President and Release to Public
The apportionment numbers were transmitted to the president.
House Document No. 92-38 *Note: This document includes each transmission from the director of the Census Bureau up to when the transmission is received by Congress.
Statutory deadline required for apportionment counts to be transmitted to the president.
*Initially, apportionment data had to be delivered to the President 8 months from Census Day. In 1976, Public Law (P.L.) 94-521 extended the date for delivering apportionment data to the president to 9 months from Census Day.
The House of Representatives and the Senate convened the first session of the 92nd Congress.
January 27, 1971
6 days after Congress convening President Nixon transmitted the apportionment numbers to Congress.
House Document No. 92-38
January 29, 1971
2 days after transmission and 8 days after reconvening of Congress Congress received a communication from the president, transmitting his report of the apportionment population for each state.
House Document No. 92-38
February 2, 1971 - Transmission to the Governors
4 days after Congress receiving numbers from POTUS, the Clerk of the U.S. House of Representatives, W. Pat Jennings sent certificates to the governors of each state, indicating the number of representatives each state was entitled to in the reapportioned 93rd Congress.
Cover Letter: 1970 CA Apportionment Certificate (Feb. 4, 1971)
President Dwight D. Eisenhower
Secretary of Commerce Frederick H. Mueller
Director of the Census Bureau Robert Burgess
Nov. 15, 1960
Transmission to President and Release to Public
Commerce Secretary Mueller transmitted the apportionment numbers to President Eisenhower, and the Commerce Department released a press statement at noon announcing the official results of the 1960 census and apportionment numbers for each state.
Jan. 10, 1961
Transmission to Congress
President Eisenhower (R) transmitted the apportionment numbers to Congress.
Jan. 1961
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
Statutory deadline required for apportionment counts to be transmitted to the president.
*Initially, apportionment data had to be delivered to the President 8 months from Census Day. In 1976, Public Law (P.L.) 94-521 extended the date for delivering apportionment data to the president to 9 months from Census Day.
January 3, 1961 - Transmission to Congress
The House of Representatives and the Senate convened the first session of the 87th Congress.
7 days after Congress convening President Eisenhower transmitted the apportionment numbers to Congress.
House Document No. 87-46 *Note: The apportionment numbers applied to the 88th Congress which convened in January of 1963. Under the 1960 apportionment, the number of seats in the House of Representatives reverted back to the statutory limit of 435 after a temporary increase during the 86th and 87th Congress to 437 due to the admission of Hawaii and Alaska.
January 12, 1961
2 days after transmission and 9 days after reconvening of Congress Apportionment numbers were received by Congress.
House Document No. 87-46
Secretary Sawyer, along with Director Peel and Deputy Director Eckler, delivered the apportionment numbers to President Truman at 11:30 a.m. and the Department of Commerce announced the apportionment numbers.
Jan. 9, 1951
Transmission to Congress
President Truman (D) transmitted the apportionment numbers to Congress.
Jan. 1951
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
Statutory deadline required for apportionment counts to be transmitted to the president.
*Initially, apportionment data had to be delivered to the President 8 months from Census Day. In 1976, Public Law (P.L.) 94-521 extended the date for delivering apportionment data to the president to 9 months from Census Day.
January 3, 1951 - Transmission to Congress
The House of Representatives and the Senate convened the first session of the 82nd Congress.
January 9, 1951
6 days after reconvening of Congress President Truman transmitted the apportionment numbers to Congress.
House Document No. 82-36
Apportionment numbers were received by Congress.
August 31, 1954 - Legislation
Congress passes P.L. 83-740 which codified the various statutes, including 1929's Fifteenth Census Act, which authorized the decennial and other censuses, as Title 13, US Code.
Public Law No. 83-740
President Franklin D. Roosevelt
Secretary of Commerce Jesse H. Jones
Director of the Census Bureau William Austin
Nov. 29, 1940
Transmission to President and Release to Public
Secretary of Commerce Jesse Jones transmitted apportionment numbers to President Roosevelt on November 29. The Census Bureau then released full figures for the morning papers on December 4.
Jan. 8, 1941
Transmission to Congress
President Roosevelt (D) transmitted the apportionment numbers to Congress. Two sets of numbers were transmitted. One used the method known as the method of major fractions, which was the method used in the last preceding apportionment, and the other used the method of equal proportions.
Jan. 1941
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to the governor of each state, indicating the number of representatives apportioned in the next Congress.
PL 76-481 changes the Congress to which apportionment figures are due (but does not alter the 8 month deadline) such that not due at the end of one Congress session but instead at the beginning of the next.
Public Law No. 76-481
Census Bureau Director Austin writes to Commerce Secretary Jones, transmitting the apportionment numbers as calculated by both the method of major fractions and also the method of equal proportions.
[Folder “Speeches, articles, and Papers” Box 4 Bureau of Census Records Notes – NARA I, Record Group 29 — 229 – Morris B. Ullman Files: Apportionment]
Transmission to President Roosevelt (Nov. 29, 1940)
November 29, 1940
Sec. Jones transmits Austin’s letter to the president.
[Folder “Speeches, articles, and Papers” Box 4 Bureau of Census Records Notes – NARA I, Record Group 29 — 229 – Morris B. Ullman Files: Apportionment]
Transmission to President Roosevelt (Nov. 29, 1940)
November 30, 1940 - Statutory Deadline
Statutory deadline required for apportionment counts to be transmitted to the president.
*Initially, apportionment data had to be delivered to the President 8 months from Census Day. In 1976, Public Law (P.L.) 94-521 extended the date for delivering apportionment data to the president to 9 months from Census Day.
The House of Representatives and the Senate convened the first session of the 77th Congress..
January 8, 1941 - Transmission to Congress (5 days after reconvening of Congress)
President Roosevelt transmitted the apportionment numbers to Congress.
House Document No. 77-45 Note: Two sets of numbers were transmitted. One used the method known as the method of major fractions, which was the method used in the last preceding apportionment, and the other used the method of equal proportions. Also, the packet includes a letter from the Attorney General regarding the inclusion of “Indians” in the count.
Congress passed P.L. 77-291 which established the "equal proportions" method as that which would decide how seats were allocated. The bill also requires the Clerk of the House to relay the apportionment totals (by equal proportions, the whole number of persons) to the States within 15 calendar days of receiving them from the president.
Public Law No. 77-291
President Herbert Hoover
Secretary of Commerce Robert P. Lamont
Director of the Census Bureau William Steuart
Nov. 18, 1930
Release to Public
One day after receiving the apportionment numbers from Commerce Secretary Lamont, President Hoover announced the reapportionment figures during a news conference, stating that "The Census [Bureau] has furnished me with the conclusions on the subject, and I will give them to you. I will not attempt to read the results."
Dec. 4, 1930
Transmission to Congress
President Hoover (R) transmitted the apportionment numbers to Congress. The transmission included the apportionment numbers as calculated by both the method of major fractions, which was the method used in the last preceding apportionment, and by the method of equal proportions.
Dec. 1930 or Jan. 1931
Transmission to the Governors
The Clerk of the U.S. House of Representatives sent a certificate to each state, indicating the number of representatives apportioned in the next Congress. The Reapportionment Act of 1929 says "It shall be the duty of the Clerk of the last House State executives by the of Representatives forthwith to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section." However, there was no set time frame given for this transmission until Public Law 76-481 in 1940.
June 18, 1929 - Legislation
Public Law 71-13, known as the Reapportionment Act of 1929, establishes the modern apportionment system and sets an 8 month deadline for apportionment numbers to be tabulated and transmitted to the president.
Public Law No. 71-13 (June 18, 1929)
“You will recall,” wrote Jesse Jones, the Secretary of Commerce, to his boss, President Franklin Delano Roosevelt, “that by the provisions of section 22 of the Decennial Census Act of June 18, 1929, as amended by the Act of April 25, 1940, the President is required to transmit this information to the 77th Congress during the first week of the first regular session." And that is what the President did.
On January 8, 1941, Roosevelt (a New York Democrat) transmitted “a statement prepared by the Director of the Census” including the population totals and the number of representatives to which each state was to be entitled based on those figures.
President Richard Nixon, a California Republican, did the same thing in 1971. The table he transmitted on 27 January 1971 was “authenticated” by the census director, George H. Brown.
The timely and faithful transmission of Census data and calculations is a bipartisan tradition.
Resilient to Change
The automatic apportionment system has been steady and reliable, but not unchanging. In fact, it has undergone two significant shifts over its history.
In 1941, Congress passed H.R. 2665, which announced that the “method of equal proportions” would replace the “method of major fractions” as the basis for translating population totals into allocations of House seats. P.L. 77-291, signed by President Roosevelt, established the “method of equal proportions” as the apportionment algorithm that has been used ever since.
In 1976, Congress granted the Census Bureau one more month to complete its tabulations before handing over its findings to the President. That extension came as part of P.L. 94-521, signed by President Gerald Ford, as part of a larger revision of the Census Act, Title 13. Since the 1980 census, the Census Bureau has delivered state population results by this new December 31 deadline (nine months after “Census Day” on April 1).
While the apportionment algorithm has been amended and the deadline for reporting has been extended, this much has never changed: the Census Bureau calculates and the President transmits in accordance with Congress’s legislated instructions.
