Architect of the Capitol: Evolution and
March 30, 2023February 20, 2024
Implementation of the Appointment
Ida A. Brudnick
Procedure
Specialist on the Congress
Specialist on the Congress
According to its website, the Architect of the Capitol (AOC) is responsible “for the operations
According to its website, the Architect of the Capitol (AOC) is responsible “for the operations
and care of more than 18.4 million square feet of facilities, 570 acres of grounds and thousands of and care of more than 18.4 million square feet of facilities, 570 acres of grounds and thousands of
works of art.”
works of art.”
Pursuant to the Legislative Branch Appropriations Act, 1990, the Architect isChanges to the Architect’s appointment process have been periodically discussed for many years, and congressional interest increased with the termination of the service of former Architect J. Brett Blanton on February 13, 2023.
The resulting Architect of the Capitol Appointment Act of 2023 was enacted within the National Defense Authorization Act for Fiscal Year 2024 (H.R. 2670, P.L. 118-31) on December 22, 2023. The act places responsibility for the appointment of the Architect within a congressional commission comprised of 12 Members. Under the new procedure, the appointment is pursuant to a majority vote of the commission, as is reappointment or removal. The act continued the 10-year term for the Architect and amended the existing law related to the appointment and service of the Deputy Architect.
Prior to this change, pursuant to the Legislative Branch Appropriations Act, 1990, the Architect was appointed by the President with the advice and appointed by the President with the advice and
consent of the Senate. consent of the Senate.
Prior toBefore the enactment of this law the enactment of this law
in 1989, the President appointed the Architect for an unlimited term with no , the President appointed the Architect for an unlimited term with no
formal role for Congress. formal role for Congress.
The
The
1989 act firstact also established a 10-year term for the Architect as well as a bicameral, bipartisan congressional commission to established a 10-year term for the Architect as well as a bicameral, bipartisan congressional commission to
recommend candidates to the President. As subsequently amended in 1995, this law recommend candidates to the President. As subsequently amended in 1995, this law
providesprovided for a commission consisting of for a commission consisting of
14 Members of Congress, including the Speaker of the House, the President pro tempore of the Senate, the House and Senate 14 Members of Congress, including the Speaker of the House, the President pro tempore of the Senate, the House and Senate
majority and minority leaders, and the chair and ranking minority members of the Committee on House Administration, the majority and minority leaders, and the chair and ranking minority members of the Committee on House Administration, the
Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriations. Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriations.
AnThe Architect Architect
may was eligible to be reappointed. be reappointed.
Alan M. Hantman was the first Architect appointed under the
Alan M. Hantman was the first Architect appointed under the
revised1989 appointment procedure. He declined to seek appointment procedure. He declined to seek
reappointment and served from January 30, 1997, to February 4, 2007. reappointment and served from January 30, 1997, to February 4, 2007.
Stephen T. Ayers, who served as Acting Architect of the Capitol following Mr. Hantman’s retirement, was nominated by
Stephen T. Ayers, who served as Acting Architect of the Capitol following Mr. Hantman’s retirement, was nominated by
President Obama on February 24, 2010, for a 10-year term. The nomination was referred to the Senate Committee on Rules President Obama on February 24, 2010, for a 10-year term. The nomination was referred to the Senate Committee on Rules
and Administration. The committee held a hearing on April 15, 2010, during which the chair and ranking member praised and Administration. The committee held a hearing on April 15, 2010, during which the chair and ranking member praised
Mr. Ayers for his work as acting Architect and congratulated him on the nomination. Mr. Ayers was confirmed by voice vote Mr. Ayers for his work as acting Architect and congratulated him on the nomination. Mr. Ayers was confirmed by voice vote
in the Senate on May 12, 2010. in the Senate on May 12, 2010.
Upon Mr. Ayers’s retirement on November 23, 2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating
Upon Mr. Ayers’s retirement on November 23, 2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating
Officer, became the Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as Officer, became the Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as
Acting Architect of the Capitol. Acting Architect of the Capitol.
J. Brett Blanton was nominated to be Architect of the Capitol by President Trump on December 9, 2019. The nomination was
J. Brett Blanton was nominated to be Architect of the Capitol by President Trump on December 9, 2019. The nomination was
referred to the Senate Committee on Rules and Administration. The committee held a hearing on December 12, 2019, and referred to the Senate Committee on Rules and Administration. The committee held a hearing on December 12, 2019, and
Mr. Blanton was confirmed by voice vote in the Senate on December 19, 2019. Mr. Blanton was confirmed by voice vote in the Senate on December 19, 2019.
On February 13, 2023, Mr. Blanton was informed by the White House that his appointment as Architect was terminated.On February 13, 2023, Mr. Blanton was informed by the White House that his appointment as Architect was terminated.
The Acting Architect of the Capitol is Chere Rexroat, who is also the Chief Engineer.
Since at least the 1950s, multiple bills have been introduced that would alter the AOC appointment process and require the appointment to be made by the leadership of Congress rather than the President. Some of the Architect’s current duties, however, may potentially raise a question as to whether the Architect is an “Officer of the United States” such that his or her appointment must comply with the requirements of the Appointments Clause of the Constitution
Chere Rexroat, the Chief Engineer, was initially named the Acting Architect. She was succeeded in February 2024 by Acting Architect of the Capitol and Chief of Operations Joseph DiPietro. .
For additional information and a comparison of appointments in the legislative branch, see CRS Report R42072,
For additional information and a comparison of appointments in the legislative branch, see CRS Report R42072,
Legislative
Branch Agency Appointments: History, Processes, and Recent Actions, by Ida A. Brudnick. , by Ida A. Brudnick.
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1921 Architect of the Capitol Appointment Procedure: Evolution and Recent Changes: Evolution and Implementation of the Appointment Procedure
Contents
CurrentMost Recent Change to the Appointment Process: 2023 ................................................................ 1 Congressional Involvement in the Architect Appointment: Discussion Prior to
the 1989 Act .......................................... 2
Increasing Congressional Involvement in the Architect Appointment: Discussion Prior to
the 1989 Act ....................................................................................... 2
Appointment Process: 1989-2023 ........................................................................ 3
Legislation Introduced Since the 1989 Act to Change the Appointment Process ........................... 5
109th Congress (2005-2006) 2
Appointments Considered Pursuant to the 1989 Law ............................................................... 4
Filling the First Vacancy After the 1989 Act: 1995-1997 ......................................... 5
110th Congress (2007-2008).......... 4 Filling the Second Vacancy: 2007-2010 ............................................................................. 4 Filling the Third Vacancy After the 1989 Act: 2018-2019 ......................... 5
111th Congress (2009-2010) ......................... 5 Filling the Fourth Vacancy After the 1989 Act and Enactment of New
Appointment Procedure: 2023 .......................................................................................................... 6
Options for Removal ..................... 5
Legislation Introduced Between 1989 and 2023 to Change the Appointment Process ................... 6
109th Congress (2005-2006) ...................................................................................................... 7 110th Congress (2007-2008 7
Bills Introduced Regarding Removal (117th and 118th Congresses) .......................................... 7
Filling the First Vacancy After the 1989 Act: 1995-1997 ................................................................ 8
Filling the Second Vacancy: 2007-2010 7 111th Congress (2009-2010) ............................................................................................. 8
Filling the Third Vacancy After the 1989 Act: 2018-2019 ......... 7 118th Congress (2022-2023) .................................................................................... 9
Filling the Fourth Vacancy After the 1989 Act: 2023 .................. 7
Removal of the Architect ................................................................................................................. 9
Evaluation of the Current1989-2023 Bicameral Congressional Commission Process in Choosing the
the Architect ....................................................................................................................................... 910
Time Frame for Filling a Vacancy ........................................................................................... 10
Internal Operations of the Commission .................................................................................. 10
Process for the Reappointment of an Incumbent Architect ...................................................... 11
Discussion Regarding the Qualifications of the Architect .............................................................. 11 12
Tables
Table 1. Members Included in the Commission Recommending Individuals as Architect
Under Current Law andthe 1989 Law, in Legislation Subsequently Introduced .............................., and in the 2023 Law .................. 68
Table A-1. Proposals to Alter the Appointment of the Architect: 1959-Present ............................ 1314
Table B-1. Architects of the Capitol .............................................................................................. 1517
Appendixes
Appendix A. Legislation to Alter the Architect of the Capitol Appointment Process ................... 1314
Appendix B. Architects of the Capitol Since 1793 ........................................................................ 1517
Contacts
Author Information ........................................................................................................................ 1618
Congressional Research Service
Congressional Research Service
Architect of the Capitol Appointment Procedure: Evolution and Recent Changes: Evolution and Implementation of the Appointment Procedure
he Office of the Architect of the Capitol (AOC) is responsible “for the operations and care of
he Office of the Architect of the Capitol (AOC) is responsible “for the operations and care of
more than 18.4 million square feet of facilities, 570 acres of grounds and thousands of works more than 18.4 million square feet of facilities, 570 acres of grounds and thousands of works
T of art.”1 This includes the House and Senate office buildings, the Capitol, the Capitol Visitor
T of art.”1 This includes the House and Senate office buildings, the Capitol, the Capitol Visitor
Center, the Library of Congress buildings, the Supreme Court building, the U.S. Botanic Garden,
Center, the Library of Congress buildings, the Supreme Court building, the U.S. Botanic Garden,
the Capitol Power Plant, and other facilities. The AOC carries out its bicameral, nonpartisan the Capitol Power Plant, and other facilities. The AOC carries out its bicameral, nonpartisan
responsibilities using both its own staff and contracting authority for architectural, engineering, and responsibilities using both its own staff and contracting authority for architectural, engineering, and
other professional services. other professional services.
Since the enactment of a 1989 law altering theThe appointment appointment
procedure, the position of of the Architect has Architect has
been filled through appointment by the President, with the advice and consent of the Senate, following the forwarding of recommendations to the President from a bicameral commission consisting of Members of Congress. The Architect is appointed for a 10-year term and may be reappointed.
Alan M. Hantman was the first Architect appointed under the revised appointment procedure. He declined to seek reappointment and served from January 30, 1997, to February 4, 2007.2 The position was vacant for more than three years following his retirement. On February 24, 2010, President Obama nominated Stephen T. Ayers, who had been serving in an acting capacity during the vacancy, to a 10-year term. The nomination was referred to the Senate Committee on Rules and Administration, which held a hearing on April 15, 2010. The Senators in attendance at the hearing praised Mr. Ayers and congratulated him on the nomination. Mr. Ayers was confirmed by voice vote in the Senate on May 12, 2010. Mr. Ayers announced his intention to retire on November 23, 2018.
Upon Mr. Ayers’s retirement, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating Officer, became the Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as Acting Architect of the Capitol.
J. Brett Blanton was nominated to be Architect of the Capitol by President Trump on December 9, 2019. The nomination was referred to the Senate Committee on Rules and Administration. The committee held a hearing on December 12, 2019, and Mr. Blanton was confirmed by voice vote in the Senate on December 19, 2019.
On February 13, 2023, Mr. Blanton was informed by the White House that his appointment as Architect was terminated. The termination followed allegations of misconduct addressed during a hearing of the Committee on House Administration on February 9, 2023,3 and in an inspector general report issued on October 26, 2022.4 Numerous Members of Congress, including leadership of the Senate Committee on Rules and Administration and the Committee on House Administration, had called for his resignation.
Although pursuant to 2 U.S.C. §1804, the Deputy Architect of the Capitol is to act as the Architect of the Capitol during a vacancy, at the time of Mr. Blanton’s termination as Architect, the deputy
been a subject of periodic consideration in Congress for at least 60 years. It is a topic that has received increased attention during periods in which there has been a vacancy in the position and periods of congressional dissatisfaction with either the work of the incumbent or the involvement of the President in what some Members view as an internal legislative branch matter.
This report discusses the history of the selection of the Architect and contains tables on related legislation introduced over the past 60 years.
For additional information and a comparison of appointments in the legislative branch, see CRS Report R42072, Legislative Branch Agency Appointments: History, Processes, and Recent Actions, by Ida A. Brudnick.
Most Recent Change to the Appointment Process: 2023 The Architect of the Capitol Appointment Act of 2023 was enacted within the National Defense Authorization Act for Fiscal Year 2024 (H.R. 2670, P.L. 118-31) on December 22, 2023.
The act places responsibility for the appointment of the Architect within a congressional commission comprised of 12 Members.2 Under the new procedure, the appointment is pursuant to a majority vote of the commission, as is reappointment or removal. The law continued the 10-year term for the Architect. The act also amended the law related to the appointment and service of the Deputy Architect.
Previously, pursuant to a law enacted in 1989, the position of Architect was filled through appointment by the President, with the advice and consent of the Senate, following the forwarding of recommendations to the President from a bicameral commission consisting of Members of Congress. Pursuant to the 1989 act, the Architect was appointed for a 10-year term and could be reappointed.
1 Architect of the Capitol, “About Us,” available at https://www.aoc.gov/defining-aoc. The legal responsibilities of the 1 Architect of the Capitol, “About Us,” available at https://www.aoc.gov/defining-aoc. The legal responsibilities of the
Architect of the Capitol are dispersed through several titles of the Architect of the Capitol are dispersed through several titles of the
United States Code. References to AOC duties are . References to AOC duties are
included in Title 2 (Congress), Title 5 (Government Organization and Employees), Title 36 (Patriotic Societies and included in Title 2 (Congress), Title 5 (Government Organization and Employees), Title 36 (Patriotic Societies and
Observances), Title 40 (Public Buildings, Property, and Works), Title 41 (Public Contracts), and Title 42 (Public Health Observances), Title 40 (Public Buildings, Property, and Works), Title 41 (Public Contracts), and Title 42 (Public Health
and Welfare). and Welfare).
2
2
Obtained from https://www.aoc.gov/about-us/history/architects-of-the-capitol/alan-m-hantman-faia. 3 See https://cha.house.gov/committee-activity/hearings/looking-ahead-series-architect-capitols-strategic-plan-118th-congress.
4 See Architect of the Capitol, Office of Inspector General, “J. Brett Blanton, Architect of the Capitol, Abused His Authority, Misused Government Property and Wasted Taxpayer Money, Among Other Substantiated Violations,” October, 26, 2022, available at https://www.oversight.gov/report/AOC/J-Brett-Blanton-Architect-Capitol-Abused-His-Authority-Misused-Government-Property-and.
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position also was vacant. Chere Rexroat, the Chief Engineer, became the Acting Architect of the Capitol.
The appointment of the Architect has been a subject of periodic consideration for at least 60 years. It is a topic that has received increased attention during periods in which there has been a vacancy in the position and periods of congressional dissatisfaction with either the work of the incumbent or the involvement of the President in what some Members view as an internal legislative branch matter.
This report discusses the history of the selection of the Architect and contains tables on related legislation introduced over the past 60 years.
For additional information and a comparison of appointments in the legislative branch, see CRS Report R42072, Legislative Branch Agency Appointments: History, Processes, and Recent Actions, by Ida A. Brudnick.
Current Appointment Process
The Architect isThe commission includes the Speaker of the House, the Senate majority leader, the House and Senate minority leaders, and the chair and ranking minority members of the Committee on House Administration, the Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriations.
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Congressional Involvement in the Architect Appointment: Discussion Prior to the 1989 Act Prior to 1989, the Architect was selected by the President for an unlimited term without any formal involvement of Congress. Paul Rundquist, congressional scholar and former specialist at the Congressional Research Service, noted in testimony before the Senate Rules and Administration Committee in 1996 that “the fact that the Architect of the Capitol was a congressional agent nominated by the President without confirmation by the Senate does not seem to have troubled Congress until recent years.”3
Bills related to the qualifications and appointment of the Architect were periodically introduced since at least the 1950s; however, little action was taken on these proposals until the 1980s. Appendix A provides information on these bills.
Bills proposing a new appointment process took various approaches. Two changes ultimately enacted in 1989 included requiring the advice and consent of the Senate and establishing a commission to recommend names to the President.
Other bills introduced prior to 1989 proposed making the Architect a congressional appointee. These included proposals to make the Architect subject to a joint appointment by the Speaker and President pro tempore; to alternate appointment between the Speaker and President pro tempore; and to establish a commission of Members to recommend candidates to the Speaker and President pro tempore, with ratification by the chambers.
The introduced bills also varyingly addressed the term of office, eligibility for reappointment, procedure for removal, and procedures following early vacancies.
Whereas some of these bills focused only on the Architect, many of the bills introduced from the early 1970s forward also addressed the appointment of the other presidential appointees in the legislative branch, including the Librarian of Congress, the Comptroller General and the Deputy Comptroller,4 and the Director of the Government Publishing Office.5
Appointment Process: 1989-2023 Pursuant to a 1989 act, the Architect was to be “appointed by the President by and with the advice and consent of the Senate for a “appointed by the President by and with the advice and consent of the Senate for a
term of 10 years.”term of 10 years.”
56 This procedure was established by the Legislative Branch Appropriations Act, This procedure was established by the Legislative Branch Appropriations Act,
1990, which also created a congressional commission responsible for recommending at least three 1990, which also created a congressional commission responsible for recommending at least three
individuals to the President for the position of Architect of the Capitol.individuals to the President for the position of Architect of the Capitol.
67 The commission originally The commission originally
consisted of 10 Members (including the Speaker of the House of Representatives, the President pro consisted of 10 Members (including the Speaker of the House of Representatives, the President pro
tempore of the Senate, the majority and minority leaders of the House of Representatives and the tempore of the Senate, the majority and minority leaders of the House of Representatives and the
Senate, and the chairs and the ranking minority Senate, and the chairs and the ranking minority
3 U.S. Congress, Senate Rules and Administration Committee, 104th Cong., 2nd sess., February 29, 1996 (unpublished). Dr. Rundquist gave testimony before the Senate Rules and Administration Committee during a review of the operations of various Senate officers and a study of criteria for the selection of a new AOC.
4 The Deputy Comptroller General position has been vacant since 1980. 5 This position was previously known as the Public Printer when the agency was known as the Government Printing Office (changes to both names were made pursuant to P.L. 113-235, div. H, December 16, 2014, 128 Stat. 2537, 2538).
6 2 U.S.C. §1801(a)(1). 7 P.L. 101-163, November 21, 1989, 103 Stat. 1068, 2 U.S.C. §1801.
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Architect of the Capitol Appointment Procedure: Evolution and Recent Changes
members of the Committee on House members of the Committee on House
Administration of the House of Representatives and the Committee on Rules and Administration of Administration of the House of Representatives and the Committee on Rules and Administration of
the Senate). the Senate).
In considering the FY1990 Legislative Branch Appropriations Act, the Senate Appropriations
In considering the FY1990 Legislative Branch Appropriations Act, the Senate Appropriations
Committee proposed revising the process by having the President nominate the Architect for a 10-Committee proposed revising the process by having the President nominate the Architect for a 10-
year term, subject to the advice and consent of the Senate. Previously, the position did not require year term, subject to the advice and consent of the Senate. Previously, the position did not require
Senate confirmation. In the report accompanying H.R. 3014, the Senate Appropriations Committee Senate confirmation. In the report accompanying H.R. 3014, the Senate Appropriations Committee
stated the following: stated the following:
These changes will conform the process of the appointment of the Architect more closely to
These changes will conform the process of the appointment of the Architect more closely to
the appointment procedure followed for other officers of similar stature. The Committee the appointment procedure followed for other officers of similar stature. The Committee
believes this will accord proper recognition to the importance of the functions of this office believes this will accord proper recognition to the importance of the functions of this office
and help to promote greater accountability in their performance.and help to promote greater accountability in their performance.
78
During the brief Senate debate on the provision, Senator Harry Reid, then-chairman of the
During the brief Senate debate on the provision, Senator Harry Reid, then-chairman of the
Legislative Branch Appropriations Subcommittee, declared that the committee’s amendment “better Legislative Branch Appropriations Subcommittee, declared that the committee’s amendment “better
reflects the institutional status of the Architect as an officer of the legislative branch and should reflects the institutional status of the Architect as an officer of the legislative branch and should
make the lines of accountability in the performance of his duties much less ambiguous.”make the lines of accountability in the performance of his duties much less ambiguous.”
89 Senator Senator
Don Nickles, then-ranking member of the subcommittee, noted the fixed term of the Architect Don Nickles, then-ranking member of the subcommittee, noted the fixed term of the Architect
5 2 U.S.C. 1801(a)(1). 6 P.L. 101-163, November 21, 1989, 103 Stat. 1068, 2 U.S.C. 1801. 7 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 1990, report to accompany H.R. 3014, 101st Cong., 1st sess., S.Rept. 101-106 (Washington: GPO, 1989), pp. 37-38.
8 Sen. Harry Reid, “Legislative Branch Appropriations, 1990,” remarks in the Senate, Congressional Record, vol. 135, September 6, 1989, p. 19591.
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Architect of the Capitol: Evolution and Implementation of the Appointment Procedure
would be similar to that of the Comptroller General, who is appointed for a single 15-year term.would be similar to that of the Comptroller General, who is appointed for a single 15-year term.
910 The legislative history does not appear to indicate why the shorter term was chosen for the The legislative history does not appear to indicate why the shorter term was chosen for the
Architect. Architect.
In conference, House and Senate negotiators agreed to a compromise that reflected the absence in
In conference, House and Senate negotiators agreed to a compromise that reflected the absence in
the Senate proposal of any formal role for the House in the selection of a future Architect. The the Senate proposal of any formal role for the House in the selection of a future Architect. The
compromise expanded the Senate’s language by providing for a bicameral congressional advisory compromise expanded the Senate’s language by providing for a bicameral congressional advisory
commission. The conference report does not provide additional information on this decision or any commission. The conference report does not provide additional information on this decision or any
other options considered.other options considered.
1011 The compromise was accepted in both houses without debate and the The compromise was accepted in both houses without debate and the
measure was signed into law on November 21, 1989.measure was signed into law on November 21, 1989.
1112
The commission was expanded in 1995 to include the chairs and ranking minority members of the
The commission was expanded in 1995 to include the chairs and ranking minority members of the
House and Senate Appropriations Committees.House and Senate Appropriations Committees.
12
A commission process is also used for filling vacancies in the position of Comptroller General, who leads the Government Accountability Office (GAO).13 The commission procedure for GAO, which also calls for a recommendation to the President of at least three individuals, was established in 1980.
Increasing Congressional Involvement in the
Architect Appointment: Discussion Prior to
the 1989 Act
Prior to 1989, the Architect was selected by the President for an unlimited term without any formal involvement of Congress. Paul Rundquist, congressional scholar and former specialist at the Congressional Research Service, noted in testimony before the Senate Rules and Administration Committee in 1996 that “the fact that the Architect of the Capitol was a congressional agent nominated by the President without confirmation by the Senate does not seem to have troubled Congress until recent years.”14
913
8 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 1990, report to accompany H.R. 3014, 101st Cong., 1st sess., S.Rept. 101-106 (Washington: GPO, 1989), pp. 37-38.
9 Sen. Harry Reid, “Legislative Branch Appropriations, 1990,” remarks in the Senate, Congressional Record, vol. 135, September 6, 1989, p. 19591.
10 Sen. Don Nickles, “Legislative Branch Appropriations, 1990,” remarks in the Senate, Sen. Don Nickles, “Legislative Branch Appropriations, 1990,” remarks in the Senate,
Congressional Record, vol. 135, , vol. 135,
September 6, 1989, p. 19593. September 6, 1989, p. 19593.
1011 U.S. Congress, U.S. Congress,
Making Appropriations for the Legislative Branch for the Fiscal Year Ending September 30, 1990, and
for other purposes, report to accompany H.R. 3014, H.Rept. 101-254 (Washingtonreport to accompany H.R. 3014, H.Rept. 101-254 (Washington
,: GPO GPO
:, 1989), p. 19. 1989), p. 19.
1112 “Conference Report on H.R. 3014, Legislative Branch Appropriations Act, 1990,” Vote in the House, “Conference Report on H.R. 3014, Legislative Branch Appropriations Act, 1990,” Vote in the House,
Congressional
Record, vol. 135, September 28, 1989, pp. 22270-22271; “Legislative Branch Appropriations, 1990 – Conference , vol. 135, September 28, 1989, pp. 22270-22271; “Legislative Branch Appropriations, 1990 – Conference
Report,” Vote in the Senate, Report,” Vote in the Senate,
Congressional Record, vol. 135, November 9, 1989, p. 28052; and P.L. 101-163, 103 Stat. , vol. 135, November 9, 1989, p. 28052; and P.L. 101-163, 103 Stat.
1068, 2 U.S.C. 1068, 2 U.S.C.
§1801. 1801.
1213 P.L. 104-19, July 27, 1995, 109 Stat. 220. The official record provides little additional information on the changes P.L. 104-19, July 27, 1995, 109 Stat. 220. The official record provides little additional information on the changes
considered in 1995. Additional membership on the commission was first agreed to in the conference report on H.R. 1158, considered in 1995. Additional membership on the commission was first agreed to in the conference report on H.R. 1158,
the Second Supplemental Appropriations and Rescissions Act, 1995, which was vetoed by President Clinton on June 7, the Second Supplemental Appropriations and Rescissions Act, 1995, which was vetoed by President Clinton on June 7,
1995. The joint explanatory statement accompanying the conference committee report did not indicate why the provision 1995. The joint explanatory statement accompanying the conference committee report did not indicate why the provision
was added. Subsequently in the same Congress, the provision was included in the original version of H.R. 1944, the was added. Subsequently in the same Congress, the provision was included in the original version of H.R. 1944, the
Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance
in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, which was introduced on in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, which was introduced on
June 28. It passed the House the next day following the adoption of one amendment agreed to by voice vote and passed June 28. It passed the House the next day following the adoption of one amendment agreed to by voice vote and passed
the Senate without amendment on July 21. It became P.L. 104-19 on July 27, 1995. the Senate without amendment on July 21. It became P.L. 104-19 on July 27, 1995.
13 31 U.S.C. 703. 14 U.S. Congress, Senate Rules and Administration Committee, 104th Cong., 2nd sess., February 29, 1996 (unpublished). Dr. Rundquist gave testimony before the Senate Rules and Administration Committee during a review of the operations of
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link to page 16 Architect of the Capitol: Evolution and Implementation of the Appointment Procedure
Bills related to the qualifications and appointment of the Architect have been periodically introduced since at least the 1950s; however, little action was taken on these proposals until the 1980s. Appendix A provides information on these bills.
Bills proposing a new appointment process have taken various approaches. Two changes ultimately enacted include requiring the advice and consent of the Senate and establishing a commission to recommend names to the President.
Other bills proposed making the Architect a congressional appointee. These included proposals to make the Architect subject to a joint appointment by the Speaker and President pro tempore; alternating appointment between the Speaker and President pro tempore; and a commission of Members recommending candidates to the Speaker and President pro tempore, with ratification by the chambers.
The introduced bills also varyingly addressed the term of office, eligibility for reappointment, procedure for removal, and procedures following early vacancies.
Whereas some of these bills focused only on the Architect, many of the bills introduced from the early 1970s forward also addressed the appointment of the other presidential appointees in the legislative branch, including the Librarian of Congress, the Comptroller General and the Deputy Comptroller,15 and the Director of the Government Publishing Office.16
Questions have previously been raised about the authority of Congress to vest itself, or more specifically congressional leadership, with the power to appoint the Architect. These questions generally relate to whether the AOC’s nonlegislative functions—including facility responsibilities for the Supreme Court and the Thurgood Marshall Federal Judiciary Building and membership on several nonlegislative governing or advisory bodies17—make the Architect an “Officer of the United States” such that his or her appointment cannot be made by Congress consistent with the requirements of the Appointments Clause (Clause) of the Constitution.18 Under the Clause, “officers of the United States,” defined primarily as officials that exercise “significant authority” in a “continuing” office, must either be appointed by the President with the advice and consent of the Senate, or, in the case of “inferior officers,” by the “President alone, [] the Courts of Law, or [] the Heads of Departments.”19
Whether the functions and responsibilities exercised by a government official rise to the level of “significant authority” is not easily determined.20 Consistent with this ambiguity, it does not appear
various Senate officers and a study of criteria for the selection of a new AOC.
15 The Deputy Comptroller General position has been vacant since 1980. 16 This position was previously known as the Public Printer when the agency was known as the Government Printing Office (changes to both names were made pursuant to P.L. 113-235, div. H, December 16, 2014, 128 Stat. 2537, 2538).
17 These bodies include the Advisory Council on Historic Preservation, the District of Columbia Zoning Commission, the National Capital Memorial Commission, and the Art Advisory Committee to the Washington Metropolitan Area Transit Authority.
18 U.S. Constitution. Art. II, § 2, cl. 2 (stating that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments”).
19 Id. Buckley v. Valeo, 424 U.S. 1, 126 (1976). In Buckley, the Supreme Court held that functions undertaken “merely in aid of congressional authority” may be performed by nonofficers appointed by Congress. Id. at 139-41. 20 Lucia v. SEC, 585 U.S. __, 6 (2018) (noting that the “significant authority standard” is “no doubt framed in general terms”).
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that Congress has adopted a uniform interpretation of the Clause’s applicability to the Architect.21 Nonetheless, the executive branch has previously concluded that “functions simply involving the management of governmental property” are generally not considered significant for purposes of the Clause.22 Thus, to the extent that concerns over congressional appointment of the Architect relate to his management of nonlegislative property, it would appear that such functions may not, on their own, prevent Congress from choosing to retain the power of appointment for itself.
Legislation Introduced Since the 1989 Act to Change
the Appointment Process
Since the enactment of the new procedure in 1989, a few bills have been introduced to change the process of appointing the Architect. These proposals wouldCongressional Research Service
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The commission process established in 1989 followed a similar process used for filling vacancies in the position of Comptroller General, who leads the Government Accountability Office (GAO).14 The commission procedure for GAO, which also calls for a recommendation to the President of at least three individuals, was established in 1980.
Appointments Considered Pursuant to the 1989 Law
Filling the First Vacancy After the 1989 Act: 1995-1997
Following the decision of George White, who served as Architect from January 27, 1971, until November 21, 1995, not to seek reappointment under the new process, Alan Hantman was nominated under the new procedure to a 10-year term by President Clinton on January 6, 1997.15 Following a hearing on January 28, 1997, the Senate Committee on Rules and Administration favorably reported his nomination. Mr. Hantman was confirmed by the Senate by voice vote on January 30, 1997.16 Declining to seek reappointment, Mr. Hantman retired on February 4, 2007,17 and Stephen T. Ayers, then-Deputy Architect, began service as the Acting Architect of the Capitol.18
Filling the Second Vacancy: 2007-2010
Mr. Ayers was confirmed and appointed as Architect three years later, in 2010. Between the announcement that Mr. Hantman would retire and the nomination and confirmation of Mr. Ayers, few congressional announcements were made regarding the status of the Architect vacancy and the submission of the recommendations to the President.
During a hearing on the FY2008 appropriations request on April 24, 2007, before the House Legislative Branch Appropriations Subcommittee, Acting Architect Stephen Ayers responded to a question about the status from ranking member Representative Zach Wamp:
I did speak to the [Senate] Rules Committee about the selection process…. They have told me that their executive recruiter is currently interviewing potential candidates, and I surmise that they would give them that list of potential candidates in a month or two. So that is about the extent of my knowledge of that.19
14 31 U.S.C. §703. 15 The 1989 act required Mr. White to be reappointed under the new procedure no later than the sixth anniversary of the enactment of the law if he chose to remain in office. (P.L. 101-163, §319(b), November 21, 1989, 103 Stat. 1068.)
16 “Executive Calendar,” remarks in the Senate, Congressional Record, vol. 143, January 30, 1997, pp. 1304-1307, 1312. From the retirement of Mr. White until the confirmation of Mr. Hantman, William L. Ensign served as Acting Architect of the Capitol.
17 Obtained from “Alan M. Hantman, FAIA,” U.S. Architect of the Capitol, https://www.aoc.gov/about-us/history/architects-of-the-capitol/alan-m-hantman-faia.
18 According to the biography provided by the AOC, Mr. Ayers “joined the Architect of the Capitol as an Assistant Superintendent for the Senate Office Buildings. He served in several capacities over the next decade, including Deputy Superintendent for the Senate Office Buildings, Superintendent of the Library Buildings and Grounds, Acting Deputy Architect/Chief Operating Officer and Deputy Architect/Chief Operating Officer” (“Stephen T. Ayers, FAIA, LEED AP,” U.S. Architect of the Capitol, https://www.aoc.gov/about-us/history/architects-of-the-capitol/stephen-t-ayers-faia-leed-ap). Pursuant to 2 U.S.C. §1804, the Deputy Architect “shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect.”
19 U.S. Congress, House Appropriations Committee, Legislative Branch Appropriations for 2008, hearings, pt. 3, 110th Cong., 1st sess., April 24, 2007 (Washington: GPO, 2007), p. 300.
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Although the list of names was reportedly transmitted to President George W. Bush in summer 2007, the identity of the candidates was not publicly released by the commission.20
In its activities report on the 110th Congress (2007-2008), the Committee on House Administration summarized congressional actions and indicated concern about the current process:
Although the commission forwarded three candidates [to the President], complex circumstances prevented final selection and confirmation of the Architect. The Committee anticipates completion of the appointment process in the 111th Congress, but in the meantime is reviewing whether the process is simply broken and requires new legislation.21
The three-year period following the retirement of the former Architect was also noted in the February 3, 2010, debate in the House on passage of H.R. 2843 (111th Congress), the Architect of the Capitol Appointment Act.22
On February 24, 2010, President Obama nominated Stephen T. Ayers, who had been serving in an acting capacity during the vacancy, to a 10-year term. The nomination was referred to the Senate Committee on Rules and Administration, which held a hearing on April 15, 2010. The Senators in attendance at the hearing praised Mr. Ayers and congratulated him on the nomination. Mr. Ayers was confirmed by voice vote in the Senate on May 12, 2010.23
Mr. Ayers announced his intention to retire on November 23, 2018.
Filling the Third Vacancy After the 1989 Act: 2018-2019
Following Mr. Ayers’s retirement on November 23, 2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating Officer, became the Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as Acting Architect of the Capitol.
Reportedly, an executive search firm was hired to lead the search for a new Architect.24 The identity of potential candidates was not publicly released by the commission.
J. Brett Blanton was nominated to be Architect of the Capitol by President Trump on December 9, 2019.25 The nomination was referred to the Senate Committee on Rules and Administration. The committee held a hearing on December 12, 2019, and Mr. Blanton was confirmed by voice vote in the Senate on December 19, 2019.
Filling the Fourth Vacancy After the 1989 Act and Enactment of New Appointment Procedure: 2023
On February 13, 2023, Mr. Blanton was informed by the White House that his appointment as Architect had been terminated. The termination followed allegations of misconduct addressed
20 John McArdle, “Finalists for AOC’s Top Job Delivered to President Bush,” Roll Call, August 13, 2007. 21 U.S. Congress, House Committee on House Administration, Report on the Activities of the Committee on House Administration During the One Hundred Tenth Congress, 110th Cong., 2nd sess., H.Rept. 110-924, 2008, p. 18.
22 Congressional Record, February 3, 2010, pp. H480-H482. No further action was taken on H.R. 2843 in the 111th Congress.
23 Congressional Record, May 12, 2010, p. S3662. 24 Katherine Tully-McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This job’s for you,” Roll Call, January 10, 2019. 25 See White House, “President Donald J. Trump Announces Intent to Nominate Individuals to Key Administration Posts,” press release, December 9, 2019, https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-individuals-key-administration-posts-23/, and PN1324, 116th Cong., December 19, 2019, https://www.congress.gov/nomination/116th-congress/1324.
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during a hearing of the Committee on House Administration on February 9, 2023,26 and in an inspector general report issued on October 26, 2022.27 Numerous Members of Congress, including leadership of the Senate Committee on Rules and Administration and the Committee on House Administration, had called for his resignation.
Although pursuant to 2 U.S.C. §1804, the Deputy Architect of the Capitol was to act as the Architect of the Capitol during a vacancy, at the time of Mr. Blanton’s termination as Architect, the deputy position also was vacant.
Chere Rexroat, the Chief Engineer, became the Acting Architect of the Capitol.28 She was succeeded as Acting Architect in February 2024 by Joseph DiPietro, who is also the Chief of Operations.29
As stated above, the Architect of the Capitol Appointment Act of 2023 was enacted within the National Defense Authorization Act for Fiscal Year 2024 (H.R. 2670, P.L. 118-31) on December 22, 2023, while the Acting Architect continued to lead the agency.
Legislation Introduced Between 1989 and 2023 to Change the Appointment Process Between the enactment of the 1989 law and the 2023 law, a few bills were introduced to change the process of appointing the Architect.
These proposals aimed to shift the Architect appointment shift the Architect appointment
responsibility from the President to specified Members of Congress. As with earlier bills, responsibility from the President to specified Members of Congress. As with earlier bills,
statements in the statements in the
Congressional Record by bill sponsorsby bill sponsors
have cited an interest in using the cited an interest in using the
appointment process to protect the prerogatives of, and ensure accountability to, the legislative appointment process to protect the prerogatives of, and ensure accountability to, the legislative
branch. Some discussions also branch. Some discussions also
have addressed the appropriate role of the House of Representatives, addressed the appropriate role of the House of Representatives,
which does not play a formal role in the confirmation of presidential nominees. which does not play a formal role in the confirmation of presidential nominees.
The only change enacted
The only change enacted
since 1989between 1989 and 2023, as stated above, occurred in 1995, when the commission , as stated above, occurred in 1995, when the commission
charged with recommending names to the President expanded to include the chairs and ranking charged with recommending names to the President expanded to include the chairs and ranking
minority members of the House and Senate Appropriations Committees.minority members of the House and Senate Appropriations Committees.
2330
Table 1 compares the Members involved in appointment under compares the Members involved in appointment under
current law andthe 1989 law, bills introduced bills introduced
since the 1989 act.
109th Congress (2005-2006)
During the 109th Congress, one bill (H.R. 4446) was introduced to establish a uniform appointment process and 10-year term of service for the Architect, the Comptroller General, and the Librarian of Congress. This proposal provided for joint appointment by four Members, including the Speaker, the majority leader of the Senate, and the minority leaders of the House of Representatives and Senate. No further action was taken.
110th Congress (2007-2008)
A bill (H.R. 6656), which would provide for a 12-member congressional appointing panel, was introduced in the 110th Congress and referred to two committees, although no further action was taken.
21 See Sen. Paul Douglas, “The Architect of the Capitol Should be a Qualified Architect and Should be Appointed by the Congress,” remarks in the House, Congressional Record, vol. 111, April 1, 1965, p. 6523 (stating that “there “may be constitutional problems with respect to congressional appointment of an officer of the Congress”); Rep. Jack Brooks, “Toward Restoring Power and Prestige of Congress,” remarks in the House, Congressional Record, vol. 121, July 14, 1975, pp. 22668-22669 (“It is hard for me to understand how earlier Congresses could decide to leave … appointment [of officers of Congress] to the President…. The doctrine of separation of powers is basic to our government and Congress contributes to the weakening that system when it permits the President to exercise authority in the legislative domain.”).
22 See Officers of the United States Within the Meaning of the Appointments Clause, April 16, 2007, Opinions of the Office of Legal Counsel, pp. 89-90.
23 P.L. 104-19, July 27, 1995, 109 Stat. 220.
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between the enactment of the two laws, and the 2023 law. These bills are also discussed below.
26 See U.S. Congress, Committee on House Administration, The Looking Ahead Series: The Architect of the Capitol’s Strategic Plan for the 118th Congress, hearings, 118th Cong., 1st sess., February 9, 2023, https://cha.house.gov/committee-activity/hearings/looking-ahead-series-architect-capitols-strategic-plan-118th-congress.
27 See Architect of the Capitol, Office of Inspector General, J. Brett Blanton, Architect of the Capitol, Abused His Authority, Misused Government Property and Wasted Taxpayer Money, Among Other Substantiated Violations, October, 26, 2022, available at https://www.oversight.gov/report/AOC/J-Brett-Blanton-Architect-Capitol-Abused-His-Authority-Misused-Government-Property-and.
28 See “Chere Rexroat,” U.S. Architect of the Capitol, https://www.aoc.gov/about-us/organizational-structure/office-chief-engineer/CEng.
29 See “Joseph DiPietro,” U.S. Architect of the Capitol, https://www.aoc.gov/about-us/organizational-structure/office-chief-operations/ChOps.
30 P.L. 104-19, July 27, 1995, 109 Stat. 220.
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109th Congress (2005-2006) During the 109th Congress, one bill (H.R. 4446) was introduced to establish a uniform appointment process and 10-year term of service for the Architect, the Comptroller General, and the Librarian of Congress. This proposal provided for joint appointment by four Members, including the Speaker, the majority leader of the Senate, and the minority leaders of the House of Representatives and Senate. No further action was taken.
110th Congress (2007-2008) A bill (H.R. 6656), which would provide for a 12-member congressional appointing panel, was introduced in the 110th Congress and referred to two committees, although no further action was taken.
111th Congress (2009-2010)
In the 111th Congress, two measures (H.R. 2185 and H.R. 2843) were introduced to remove the In the 111th Congress, two measures (H.R. 2185 and H.R. 2843) were introduced to remove the
President from the Architect appointment process and shift it to the congressional leaders and chairs President from the Architect appointment process and shift it to the congressional leaders and chairs
and ranking members of specific congressional committees. Under both measures, the Architect and ranking members of specific congressional committees. Under both measures, the Architect
would still be appointed for a 10-year term. would still be appointed for a 10-year term.
Under H.R. 2185, which was introduced on April 30, 2009, and referred to the Committee on House
Under H.R. 2185, which was introduced on April 30, 2009, and referred to the Committee on House
Administration and Committee on Transportation and Infrastructure, the Architect would be Administration and Committee on Transportation and Infrastructure, the Architect would be
appointed by a 12-member congressional appointing panel. No further action was taken during the appointed by a 12-member congressional appointing panel. No further action was taken during the
111th Congress. 111th Congress.
Under H.R. 2843, as reported, the Architect would be appointed jointly by the same 14-member
Under H.R. 2843, as reported, the Architect would be appointed jointly by the same 14-member
panel that currently is responsible for recommending candidates to the President. This bill was panel that currently is responsible for recommending candidates to the President. This bill was
reported by the Committee on House Administration (H.Rept. 111-372), and the Committee on reported by the Committee on House Administration (H.Rept. 111-372), and the Committee on
Transportation and Infrastructure was discharged from further consideration of the bill. The House Transportation and Infrastructure was discharged from further consideration of the bill. The House
agreed to the bill, as amended to include 18 rather than 14 Members of Congress (agreed to the bill, as amended to include 18 rather than 14 Members of Congress (
seesee Table 1), by , by
voice vote. It was received in the Senate and referred to the Committee on Rules and voice vote. It was received in the Senate and referred to the Committee on Rules and
Administration, and no further action was taken during the 111th CongressAdministration, and no further action was taken during the 111th Congress
.
118th Congress (2022-2023) During the vacancy caused by the termination of Mr. Blanton’s appointment, identical legislative provisions to alter the appointment process were included in an introduced House bill, as well as in Senate floor amendments—the latter of which resulted in enactment of the provision.
H.R. 3196, the Architect of the Capitol Appointment Act of 2023, was introduced on May 10, 2023. It was referred to the Committee on House Administration, which held a markup and ordered the bill reported on September 28, 2023.
Additionally, S.Amdt. 220 to S. 2226, a Senate floor amendment to the Senate FY2024 National Defense Authorization Act (NDAA), filed by Senator Klobuchar (for herself and Senator Fischer) on July 12, 2023, included the Architect appointment provision as proposed in H.R. 3196, though the amendment was not offered to the bill.
The Architect appointment provision was included, however, in S.Amdt. 935, a full-text substitute “managers’ package” offered by Senator Schumer on behalf of Senator Reed, which incorporated the text of 51 different filed amendments to the bill. Senate passage of S. 2226, as amended, on July 27, 2023, included the provision.
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The Senate offered the S. 2226 text, as passed, as a Senate amendment to the House FY2024 NDAA (H.R. 2670), which did not previously include the Architect appointment provision, also on July 27, 2023. The Senate and House agreed to the conference report on December 13 and 14, 2023, respectively. H.R. 2670 was enacted on December 22, 2023, with the identical Architect appointment provision.
Table 1. Members Included in the Commission Recommending Individuals as
Architect Under the 1989 Law,.
Table 1. Members Included in the Commission Recommending Individuals as
Architect Under Current Law and in Legislation Subsequently Introduced
H.R. 2843,
H.R. 2843,
111th Cong.,
Current Law:
H.R. 4446,
H.R. 6656,
H.R. 2185,, and in the
2023 Law
H.R.
3196;
S.Amdt.
220 and
S.Amdt.
935 to
H.R.
S. 2226;
H.R.
2843,
and H.R.
2843,
111th
2670
H.R.
H.R.
H.R.
111th
111th Cong., as
(P.L.
4446,
6656,
2185,
Cong.,
Passed
118-31)
109th
110th
111th
as
by the
118th
1989 law
Cong.
Cong.
Cong.
reported
House
Cong.
Speaker
1
as Passed by
2 U.S.C. 1801
109th Cong.
110th Cong.
111th Cong.
as reported
the House
Speaker
1
1
1
1
1
1
1
1
1
1
1
1
President pro Tempore
President pro Tempore
1
1
1
1
1
1
House
House
majority Majority Leader Leader
1
1
1
1
1
1
Senate Majority Leader
Senate Majority Leader
1
1
1
1
1
1
1
1
1
1
1
1
1
House Minority Leader House Minority Leader
1
1
1
1
1
1
1
1
1
1
1
1
1
Senate Minority Senate Minority
Leader
1
1
1
1
1
1
1
1
1
1
1
1
1
Leader
Chair and Ranking Chair and Ranking
Member Committee on
2
2
2
2
2
2
2
2
2
2
Member Committee on 2
House Administration House Administration
Chair and Ranking
Chair and Ranking
Member Committee on
2
2
2
2
2
2
2
2
2
2
Member Committee on 2
Senate Rules and Senate Rules and
Administration Administration
Chair and Ranking
Chair and Ranking
Member Committee on
2
2
2
2
2
2
2
2
2
2
Member Committee on 2
House Appropriations House Appropriations
Chair and Ranking
2
2
2
2
2
Member Committee on Senate Appropriations
Chair and Ranking
2
Member Committee on House Committee on Transportation and Infrastructure
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H.R.
3196;
S.Amdt.
220 and
S.Amdt.
935 to
H.R.
S. 2226;
H.R.
H.R. 2843,
and H.R.
2843,
111th Cong.,
Current Law:
2670
H.R. 4446,
H.R.
H.R.
111th
Cong., as
(P.L.
4446,
6656,
2185,
Cong.,
Passed
118-31)
109th
110th
111th
as
by the
118th
1989 law
Cong.
Cong.
Cong.
reported
House
Cong.
Chair and Ranking Member Committee on
2
2
2
2
2
2
Senate Appropriations
Chair and Ranking Member Committee on
2
House Committee on Transportation and Infrastructure
A Member of the Senate to be
H.R. 6656,
H.R. 2185,
111th Cong.,
as Passed by
2 U.S.C. 1801
109th Cong.
110th Cong.
111th Cong.
as reported
the House
A Member of the Senate
2
to be designated by the designated by the
majority leader of the majority leader of the
Senate, and a Senate, and a
2
Member of Member of
the Senate to be the Senate to be
designated by the designated by the
minority leader of the minority leader of the
Senate Senate
Total Number of Members of
14
4
12
12
14
18
Members of 12
Congress
Source: CRS survey of legislation. CRS survey of legislation.
Options for Removal
Removal of the Architect The Legislative Branch Appropriations Act, 1990, which established the The Legislative Branch Appropriations Act, 1990, which established the
currentprior appointment appointment
procedure, did not address the possibility of the removal of an Architect. The Architect, then, procedure, did not address the possibility of the removal of an Architect. The Architect, then,
presumably presumably
servesserved at the pleasure of the President. at the pleasure of the President.
2431
A few of the bills introduced over the last 50 years providing for appointment by Members of
A few of the bills introduced over the last 50 years providing for appointment by Members of
Congress have contained provisions specifically addressing removal. H.R. 8616 (94th Congress) Congress have contained provisions specifically addressing removal. H.R. 8616 (94th Congress)
proposed that the Architect could be removed by concurrent resolution. S. 2205 (94th Congress) proposed that the Architect could be removed by concurrent resolution. S. 2205 (94th Congress)
provided for removal by resolution in either the House or Senate. provided for removal by resolution in either the House or Senate.
Statutes related to the selection of two legislative branch agency heads also address removal. Like the Architect of the Capitol, the Comptroller General (CG) is appointed by the President for a fixed term of office (for the CG, this term is 15 years) with the advice and consent of the Senate. The CG may be removed only by “(A) impeachment; or (B) joint resolution of Congress, after notice and an opportunity for a hearing” and only by reason of permanent disability; inefficiency; neglect of duty; malfeasance; or a felony or conduct involving moral turpitude.25 The Director of the Congressional Budget Office, who is appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, “may be removed by either House by resolution.”26
Bills Introduced Regarding Removal (117th and 118th Congresses)
Following
31 It has long been recognized that “the power of removal [is] incident to the power of appointment.” Ex Parte Hennen, 38 U.S. (13 Pet.) 230, 259 (1839).
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In the 117th and 118th Congresses, following allegations of misconduct by the then-Architect, bills were introduced to establish allegations of misconduct by the then-Architect, bills were introduced to establish
procedures for removal by Congress, either by impeachment or joint resolution. procedures for removal by Congress, either by impeachment or joint resolution.
On December 20, 2022, S. 5319
On December 20, 2022, S. 5319
(117th Congress) was introduced in the Senate. It was referred to the Committee on was introduced in the Senate. It was referred to the Committee on
Rules and Administration, but no further action was taken during the 117th Rules and Administration, but no further action was taken during the 117th
Congress. It would have provided for removal by impeachment or by joint resolution (only for permanent disability, inefficiency, neglect of duty, malfeasance, or a felony or conduct involving moral turpitude).
A similar bill, S. 97 (118th Congress), was introduced on January 26, 2023, and referred to the Committee on Rules and Administration.
The appointment-related proposals considered in 2023, and enacted in P.L. 118-31, also contained provisions authorizing the newly established commission to remove the Architect “from office at any time upon a majority vote of the members of the commission.”
Evaluation of the 1989-2023 Bicameral Congressional Commission Process in Choosing the Architect The appointment procedure in law from 1989 until 2023 raised a Congress.
24 It has long been recognized that “the power of removal [is] incident to the power of appointment.” Ex Parte Hennen, 38 U.S. (13 Pet.) 230, 259 (1839).
25 31 U.S.C. 703. 26 2 U.S.C. 601. For additional information, see CRS Report RL31880, Congressional Budget Office: Appointment and
Tenure of the Director and Deputy Director, by Megan S. Lynch.
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A similar bill, S. 97 (118th Congress), was introduced on January 26, 2023, and referred to the Committee on Rules and Administration.
Filling the First Vacancy After the 1989 Act: 1995-1997
Following the decision of George White, who served as Architect from January 27, 1971, until November 21, 1995, not to seek reappointment under the new process, Alan Hantman was nominated under the new procedure to a 10-year term by President Clinton on January 6, 1997.27 Following a hearing on January 28, 1997, the Senate Committee on Rules and Administration favorably reported his nomination. Mr. Hantman was confirmed by the Senate by voice vote on January 30, 1997.28 Declining to seek reappointment, Mr. Hantman retired on February 4, 2007, and Stephen T. Ayers, then-Deputy Architect, began service as the Acting Architect of the Capitol.29
Filling the Second Vacancy: 2007-2010
As discussed above, Mr. Ayers was confirmed and appointed as Architect three years later, in 2010. Between the announcement that Mr. Hantman would retire and the nomination and confirmation of Mr. Ayers, few congressional announcements were made regarding the status of the Architect vacancy and the submission of the recommendations to the President.
During a hearing on the FY2008 appropriations request on April 24, 2007, before the House Legislative Branch Appropriations Subcommittee, Acting Architect Stephen Ayers responded to a question about the status from ranking member Representative Zach Wamp:
I did speak to the [Senate] Rules Committee about the selection process…. They have told me that their executive recruiter is currently interviewing potential candidates, and I surmise that they would give them that list of potential candidates in a month or two. So that is about the extent of my knowledge of that.30
Although the list of names was reportedly transmitted to President George W. Bush in summer 2007, the identity of the candidates was not publicly released by the commission.31
In its activities report on the 110th Congress (2007-2008), the Committee on House Administration summarized congressional actions and indicated concern about the current process:
Although the commission forwarded three candidates [to the President], complex circumstances prevented final selection and confirmation of the Architect. The Committee
27 The 1989 act required Mr. White to be reappointed under the new procedure no later than the sixth anniversary of the enactment of the law if he chose to remain in office. (P.L. 101-163, sec. 319(b), November 21, 1989, 103 Stat. 1068).
28 “Executive Calendar,” remarks in the Senate, Congressional Record, vol. 143, January 30, 1997, pp. 1304-1307, 1312. From the retirement of Mr. White until the confirmation of Mr. Hantman, William L. Ensign served as Acting Architect of the Capitol.
29According to the biography provided by the AOC, Mr. Ayers “joined the Architect of the Capitol as an Assistant Superintendent for the Senate Office Buildings. He served in several capacities over the next decade, including Deputy Superintendent for the Senate Office Buildings, Superintendent of the Library Buildings and Grounds, Acting Deputy Architect/Chief Operating Officer and Deputy Architect/Chief Operating Officer” (https://www.aoc.gov/architect-of-the-capitol/stephen-t-ayers-faia-ccm-leed-ap). Pursuant to 2 U.S.C. 1804, the Deputy Architect “shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect.” 30 U.S. Congress, House Appropriations Committee, Legislative Branch Appropriations for 2008, hearings, pt. 3, 110th Cong., 1st sess., April 24, 2007 (Washington: GPO, 2007), p. 300.
31 “Finalists for AOC’s Top Job Delivered to President Bush,” by John McArdle, Roll Call, August 13, 2007.
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anticipates completion of the appointment process in the 111th Congress, but in the meantime is reviewing whether the process is simply broken and requires new legislation.32
The three-year period following the retirement of the former Architect was also noted in the February 3, 2010, debate in the House on passage of H.R. 2843 (111th Congress), the Architect of the Capitol Appointment Act.33 Mr. Ayers was confirmed by the Senate on May 12, 2010.34
Filling the Third Vacancy After the 1989 Act:
2018-2019
Following Mr. Ayers’s retirement on November 23, 2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating Officer, became the Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as Acting Architect of the Capitol.
Reportedly, an executive search firm was hired to lead the search for a new Architect.35 The identity of potential candidates was not publicly released by the commission.
J. Brett Blanton was nominated to be Architect of the Capitol by President Trump on December 9, 2019.36 The nomination was referred to the Senate Committee on Rules and Administration. The committee held a hearing on December 12, 2019, and Mr. Blanton was confirmed by voice vote in the Senate on December 19, 2019.
Filling the Fourth Vacancy After the 1989 Act: 2023
As stated above, on February 13, 2023, previous Architect J. Brett Blanton was informed by the White House that his appointment as Architect was terminated. The Acting Architect of the Capitol is Chere Rexroat, who is also the Chief Engineer.
Evaluation of the Current Bicameral Congressional
Commission Process in Choosing the Architect
The initial selection process, as well as the subsequent searches for successors, have raised a number of potential issues for consideration. These issues, which are discussed below, number of potential issues for consideration. These issues, which are discussed below,
includeincluded the the
length of the length of the
former commission’s work and the potential for extended vacancies in the position; the commission’s work and the potential for extended vacancies in the position; the
operation of theoperation of the
former commission; and what would happen commission; and what would happen
in the eventif an incumbent an incumbent
seeks sought reappointment as Architect (although this never happened during that period).
While this discussion pertains to the prior appointment process, it may have some applicability for the current vacancy.
Time Frame for Filling a Vacancy Although the former commission could have transmitted names whenever there was a vacancy, it wasreappointment as Architect.
32 U.S. Congress, House Committee on House Administration, Report on the Activities of the Committee on House
Administration During the One Hundred Tenth Congress, 110th Cong., 2nd sess., H.Rept. 110-924 (Washington: GPO, 2008), p. 18.
33 Congressional Record, February 3, 2010, pp. H480-H482. No further action was taken on H.R. 2843 in the 111th Congress.
34 Congressional Record, May 12, 2010, p. S3662. 35 Katherine Tully-McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This job’s for you,” Roll Call, January 10, 2019. 36 See https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-individuals-key-administration-posts-23/ and https://www.congress.gov/nomination/116th-congress/1324.
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Time Frame for Filling a Vacancy
Although the commission may transmit names whenever there is a vacancy, it is not clear from not clear from
either the statute or the legislative history exactly when the commission either the statute or the legislative history exactly when the commission
proceedswas to proceed. The act . The act
doesdid not not
address the possibility of the bicameral congressional commission beginning its work before an address the possibility of the bicameral congressional commission beginning its work before an
incumbent’s departure. In addition, the statute incumbent’s departure. In addition, the statute
iswas silent on any time frame for the commission’s silent on any time frame for the commission’s
forwarding of recommendations following a retirement, presidential action on the commission’s forwarding of recommendations following a retirement, presidential action on the commission’s
recommendation, or congressional action once a nomination recommendation, or congressional action once a nomination
hashad been received. been received.
From the retirement of George White until the Senate confirmation of Alan Hantman, 436 days
From the retirement of George White until the Senate confirmation of Alan Hantman, 436 days
elapsed. elapsed.
Some 1,193 days elapsed from the retirement of Alan Hantman until the Senate confirmation of his
Some 1,193 days elapsed from the retirement of Alan Hantman until the Senate confirmation of his
successor, Stephen T. Ayers. This period included a change in presidential Administration. successor, Stephen T. Ayers. This period included a change in presidential Administration.
The Senate confirmation of J. Brett Blanton occurred 391 days after the retirement of Mr. Ayers.
The Senate confirmation of J. Brett Blanton occurred 391 days after the retirement of Mr. Ayers.
Internal Operations of the Commission
The statute The statute
providesprovided no guidance on how the commission should operate. If the commission no guidance on how the commission should operate. If the commission
hashad rules of procedure or criteria for choosing potential nomineesrules of procedure or criteria for choosing potential nominees
during any of the vacancies, they were not, they have not been made public nor made public nor
would they be binding for a future selection. In comparison, the statute would they have been binding from one vacancy to another. The statute
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establishing a commission establishing a commission
to recommend individuals to serve as Comptroller General similarly does not address commission to recommend individuals to serve as Comptroller General similarly does not address commission
procedure. procedure.
Potential questions related to commission procedures
Potential questions related to commission procedures
include
who presidesincluded
• who was to preside over its meetings; over its meetings;
• where and how meetings where and how meetings
arewere to be called; called;
• how many members of the commission how many members of the commission
constituteconstituted a quorum; a quorum;
• what what
constitutesconstituted agreement by Members of the commission regarding nominees, agreement by Members of the commission regarding nominees,
including whether nominees
including whether nominees
needneeded approval of a majority or all of the Members approval of a majority or all of the Members
. In contrast, P.L. 118-31 states that appointment is made “upon a majority vote of a congressional commission”; and
•; and
how the commission how the commission
receiveswas to receive administrative or financial support (i.e., any administrative or financial support (i.e., any
staffing
staffing expenses, travel expenses, or other expenses related to the search and evaluation of expenses, travel expenses, or other expenses related to the search and evaluation of
candidates). candidates).
When former Architect Alan Hantman was chosen, press reports were the only source of
When former Architect Alan Hantman was chosen, press reports were the only source of
information that he was among the candidates whose names were forwarded to President Clinton information that he was among the candidates whose names were forwarded to President Clinton
for consideration.for consideration.
3732 One press account indicated that “Hantman is the ‘primary choice’ of the 14- One press account indicated that “Hantman is the ‘primary choice’ of the 14-
Members of Congress appointed to find the Capitol’s tenth Architect.”Members of Congress appointed to find the Capitol’s tenth Architect.”
3833 This same press account This same press account
reported the following: “According to a letter from the chairman of the Senate Rules and reported the following: “According to a letter from the chairman of the Senate Rules and
Administration Committee Chairman John Warner (R-VA), Hantman was the first choice of the Administration Committee Chairman John Warner (R-VA), Hantman was the first choice of the
Members ‘by a substantial margin.’”Members ‘by a substantial margin.’”
3934 The account quotes an aide as reporting that “all 14 The account quotes an aide as reporting that “all 14
37 Juliet Eilperin, “Rockefeller Center Architect Top Pick For Capitol Position,” Roll Call, September 23, 1996, pp. A-1, A-28.
38 Ibid. 39 Ibid.
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commission members voted either by ballot or proxy for the nominees,” although the votes were commission members voted either by ballot or proxy for the nominees,” although the votes were
not published.not published.
4035
As stated above, following Mr. Hantman’s term of office, the commission reportedly forwarded a
As stated above, following Mr. Hantman’s term of office, the commission reportedly forwarded a
list of names to President Bush in August 2007.list of names to President Bush in August 2007.
4136 President Bush did not forward a nomination to President Bush did not forward a nomination to
the Senate prior to the end of his term. This period also encompassed the end of the 110th Congress, the Senate prior to the end of his term. This period also encompassed the end of the 110th Congress,
with resultant changes in membership of the commission at the start of the 111th Congress. The with resultant changes in membership of the commission at the start of the 111th Congress. The
1989 act does not address a change in the membership of the commission while there is a vacancy 1989 act does not address a change in the membership of the commission while there is a vacancy
in the position. in the position.
Limited information regarding the commission’s operations to fill the third vacancy was made
Limited information regarding the commission’s operations to fill the third vacancy was made
publicly available. publicly available.
Process for the Reappointment of an Incumbent Architect
There There
arewere also unresolved questions also unresolved questions
shouldthat may have arisen if an incumbent Architect an incumbent Architect
decidehad decided to seek reappointment to seek reappointment
under the current process established in 1989. Itunder the 1989-2023 process, although this circumstance never occurred.
For example, it is not clear if or when the commission would is not clear if or when the commission would
form under this circumstancehave formed or if the incumbent Architect would or if the incumbent Architect would
needhave needed to be chosen again among at least to be chosen again among at least
two other potential candidates. Should the President choose not to reappoint the incumbent, it is unclear if formal notification would be required before the commission could begin its work or how this would be accomplished.two other potential candidates.
32 Juliet Eilperin, “Rockefeller Center Architect Top Pick For Capitol Position,” Roll Call, September 23, 1996, pp. A-1, A-28.
33 Ibid. 34 Ibid. 35 Ibid. 36 “Finalists for AOC’s Top Job Delivered to President Bush,” by John McArdle, Roll Call, August 13, 2007.
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Discussion Regarding the Qualifications of the
Architect
Many of the introduced bills and congressional hearings related to appointment have addressed the Many of the introduced bills and congressional hearings related to appointment have addressed the
fact that not all of those who have held the position of Architect of the Capitol have been trained fact that not all of those who have held the position of Architect of the Capitol have been trained
architects.architects.
4237 Some proposed legislation in the 1950s and 1960s would have required all future Some proposed legislation in the 1950s and 1960s would have required all future
nominees to be trained architects.nominees to be trained architects.
4338 Alternatively, at least one bill—introduced in 1968 during a Alternatively, at least one bill—introduced in 1968 during a
period of congressional concern over plans for the expansion of the west front of the Capitol—period of congressional concern over plans for the expansion of the west front of the Capitol—
sought to change the title of the office to “Superintendent of the Capitol Buildings and Grounds” to sought to change the title of the office to “Superintendent of the Capitol Buildings and Grounds” to
reflect the fact the then-Architect did not have this training.reflect the fact the then-Architect did not have this training.
4439
When Architect White announced his retirement in 1995, concerns were voiced within Congress,
When Architect White announced his retirement in 1995, concerns were voiced within Congress,
the media, and professional groups about the necessary qualifications for any successor. There was the media, and professional groups about the necessary qualifications for any successor. There was
considerable discussion about the necessity of the new Architect being a licensed architect and the considerable discussion about the necessity of the new Architect being a licensed architect and the
type of professional management training and experience needed for the position. type of professional management training and experience needed for the position.
The American Institute of Architects (AIA) expressed its preference for a licensed architect with
The American Institute of Architects (AIA) expressed its preference for a licensed architect with
experience in management, procurement, and historic restoration. In 1995, the AIA sent experience in management, procurement, and historic restoration. In 1995, the AIA sent
40 Ibid. 41 “Finalists for AOC’s Top Job Delivered to President Bush,” by John McArdle, Roll Call, August 13, 2007. 42 For a comparison to statutory qualifications in other positions, see the Appendix in CRS Report RL33886, Statutory
Qualifications for Executive Branch Positions, by Henry B. Hogue.
43 S. 1847 (86th Cong.), S. 1806 (88th Cong.), S. 1658 (89th Cong.). 44 H.R. 19127 (90th Cong.). Rep. Kupperman, “Introduction of Bill to Change the Title of the Office of the ‘Architect of the Capitol’ to ‘Superintendent of the Capitol Building and Grounds,’” remarks in the House, Congressional Record, vol. 114, July 31, 1968, p. 24430.
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congressional leaders a list of nine potential Architect nominees for consideration.45congressional leaders a list of nine potential Architect nominees for consideration.40 The following The following
year, Raj Barr-Kumar, the president-elect and a fellow of the American Institute of Architects, year, Raj Barr-Kumar, the president-elect and a fellow of the American Institute of Architects,
described the process by which the AIA arrived at these names and qualifications and described the process by which the AIA arrived at these names and qualifications and
responsibilities it identified in a February 29, 1996, hearing of the Senate Rules and Administration responsibilities it identified in a February 29, 1996, hearing of the Senate Rules and Administration
Committee.Committee.
4641
To fill the second Architect vacancy after the 1989 act, the AIA again urged the selection of a
To fill the second Architect vacancy after the 1989 act, the AIA again urged the selection of a
licensed architect.licensed architect.
4742 Others, including some Members of Congress, emphasized a background in Others, including some Members of Congress, emphasized a background in
management because the job responsibilities, particularly with the opening of the Capitol Visitor management because the job responsibilities, particularly with the opening of the Capitol Visitor
Center, are broader than building design and construction and include some duties not necessarily Center, are broader than building design and construction and include some duties not necessarily
associated with typical architectural practice. associated with typical architectural practice.
This discussion continued during the third vacancy, and the AIA again expressed its preference for a
This discussion continued during the third vacancy, and the AIA again expressed its preference for a
licensed architect.licensed architect.
4843 The qualifications listed by JDG Associates, the executive search firm, listed The qualifications listed by JDG Associates, the executive search firm, listed
“Architectural training and licensure a plus.”49 Mr. Blanton is “a Licensed Professional Engineer in Civil Engineering and a Certified Energy Manager.”50
45
37 For a comparison to statutory qualifications in other positions, see the Appendix in CRS Report RL33886, Statutory Qualifications for Executive Branch Positions, by Henry B. Hogue.
38 S. 1847 (86th Cong.), S. 1806 (88th Cong.), S. 1658 (89th Cong.). 39 H.R. 19127 (90th Cong.). Rep. Kupperman, “Introduction of Bill to Change the Title of the Office of the ‘Architect of the Capitol’ to ‘Superintendent of the Capitol Building and Grounds,’” remarks in the House, Congressional Record, vol. 114, July 31, 1968, p. 24430.
40 American Institute of Architects, “Suggested Candidates for Appointment as Architect of the Capitol,” April 2, 1995. American Institute of Architects, “Suggested Candidates for Appointment as Architect of the Capitol,” April 2, 1995.
4641 U.S. Congress, Senate Rules and Administration Committee, U.S. Congress, Senate Rules and Administration Committee,
FY1997 Senate Budget, 104th Cong., 2nd sess., February , 104th Cong., 2nd sess., February
29, 1996 (unpublished). 29, 1996 (unpublished).
4742 American Institute of Architects, “Tell the President to Choose an Architect,” American Institute of Architects, “Tell the President to Choose an Architect,”
The Angle, vol. 5, no. 22, October 11, , vol. 5, no. 22, October 11,
2007. American Institute of Architects, “The Architect of the Capitol Should Be An Architect,” December 4, 2008; 2007. American Institute of Architects, “The Architect of the Capitol Should Be An Architect,” December 4, 2008;
American Institute of Architects, “Make the Next Architect of the Capitol A Licensed Professional Architect,” American Institute of Architects, “Make the Next Architect of the Capitol A Licensed Professional Architect,”
Issue
Brief, February 2008. , February 2008.
4843 Ned Cramer, “The Architect of the Capitol Should Be an Architect,” Ned Cramer, “The Architect of the Capitol Should Be an Architect,”
Architect, March 2019; Katherine Tully-, March 2019; Katherine Tully-
McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This job’s for you,” McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This job’s for you,”
Roll Call, January 10, 2019; William Bates and Jane Frederick, “Lawmakers should consider experience, diversity in , January 10, 2019; William Bates and Jane Frederick, “Lawmakers should consider experience, diversity in
choosing the next Architect of the Capitol,” choosing the next Architect of the Capitol,”
The Hill, May 19, 2019. , May 19, 2019.
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“Architectural training and licensure a plus.”44 Mr. Blanton is “a Licensed Professional Engineer in Civil Engineering and a Certified Energy Manager.”45
44 Katherine Tully-McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This Katherine Tully-McManus, “Ready to manage a world-famous building and grapple with a billion-dollar backlog? This
job’s for you,” job’s for you,”
Roll Call, January 10, 2019; JDG Associates, Ltd., “The United States Congress Architect of the Capitol,” , January 10, 2019; JDG Associates, Ltd., “The United States Congress Architect of the Capitol,”
p. 4. p. 4.
5045 See https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-brett-blanton. See https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-brett-blanton.
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Appendix A. Legislation to Alter the Architect of the
Capitol Appointment Process
Table A-1. Proposals to Alter the Appointment of the Architect: 1959-Present
Term of
Date of
Congressional
Office (if
Bill
Introduction
Action (if any)
Process
specified)
S. 1847,
S. 1847,
April 30, 1959
April 30, 1959
joint appointment by Speaker of the House
joint appointment by Speaker of the House
term expires
term expires
86th Cong.
86th Cong.
and President pro tempore of the Senate
and President pro tempore of the Senate
first day of
first day of
odd-numbered odd-numbered
Congresses Congresses
S. 1800,
S. 1800,
June 26, 1963
June 26, 1963
joint appointment by Speaker and President
joint appointment by Speaker and President
term expires
term expires
88th Cong.
88th Cong.
pro tempor
pro tempor
ea
first day of
first day of
odd-numbered odd-numbered
Congresses Congresses
S. 1658,
S. 1658,
April 1, 1965
April 1, 1965
joint appointment by Speaker and President
joint appointment by Speaker and President
term expires
term expires
89th Cong.
89th Cong.
pro tempore
pro tempore
first day of
first day of
odd-numbered odd-numbered
Congresses Congresses
H.R. 17102,
H.R. 17102,
October 12,
October 12,
appointment alternating between Speaker
appointment alternating between Speaker
92nd Cong.
92nd Cong.
1972
1972
and President pro tempore
and President pro tempore
H.R. 63,
H.R. 63,
January 3, 1973
January 3, 1973
appointment alternating between Speaker
appointment alternating between Speaker
93rd Cong.
93rd Cong.
and President pro tempore
and President pro tempore
S. 1278,
S. 1278,
March 19, 1973
March 19, 1973
appointment alternating between Speaker
appointment alternating between Speaker
93rd Cong.
93rd Cong.
and President pro tempore
and President pro tempore
H.R. 8616,
H.R. 8616,
July 14, 1975
July 14, 1975
commission of 10 Members (including the
commission of 10 Members (including the
5 years
5 years
94th Cong.
94th Cong.
Speaker, President pro tempore, majority
Speaker, President pro tempore, majority
and minority leaders of the House and and minority leaders of the House and
Senate, and the chair and ranking minority Senate, and the chair and ranking minority
members of the Committee on House members of the Committee on House
Administration and the Senate Committee Administration and the Senate Committee
on Rules and Administration) nominate on Rules and Administration) nominate
candidates, and the Speaker and President candidates, and the Speaker and President
pro tempore, fol owing confirmation by a pro tempore, fol owing confirmation by a
majority vote in each house, shall appoint majority vote in each house, shall appoint
S. 2205,
S. 2205,
July 29, 1975
July 29, 1975
appointed by the Speaker and majority
appointed by the Speaker and majority
7 years
7 years
94th Cong.
94th Cong.
leader of the Senate after considering
leader of the Senate after considering
recommendations from the majority and recommendations from the majority and
minority lminority l
eadersb
S. 2760,
S. 2760,
May 22, 1980
May 22, 1980
Passed Senate
Passed Senate
President nominates subject to advice and
President nominates subject to advice and
96th Cong.
96th Cong.
11/24/1980
11/24/1980
consent of the Senate
consent of the Senate
S.Rept. 96-818
S.Rept. 96-818
H.R. 3014,
H.R. 3014,
November 21,
November 21,
P.L. 101-163
P.L. 101-163
commission of 10 Members (including the
commission of 10 Members (including the
10 years
10 years
101st Cong.
101st Cong.
1989
1989
Speaker, President pro tempore, majority
Speaker, President pro tempore, majority
and minority leaders of the House and and minority leaders of the House and
Senate, and the chair and ranking minority Senate, and the chair and ranking minority
members of the Committee on House members of the Committee on House
Administration and the Senate Committee Administration and the Senate Committee
on Rules and Administration) recommends on Rules and Administration) recommends
candidates to the President for nomination
candidates to the President for nomination
with consent of the Senate with consent of the Senate
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Term of
Date of
Congressional
Office (if
Bill
Introduction
Action (if any)
Process
specified)
H.R. 1944,
H.R. 1944,
June 28, 1995
June 28, 1995
P.L. 104-19
P.L. 104-19
added chair and ranking minority members
added chair and ranking minority members
104th Cong.
104th Cong.
of the House and Senate Appropriations
of the House and Senate Appropriations
Committees to commission established by Committees to commission established by
P.L. 101-163, increasing the number of P.L. 101-163, increasing the number of
Members of the commission to 14 Members of the commission to 14
H.R. 4446,
H.R. 4446,
December 6,
December 6,
appointed jointly by 4 Members, including
appointed jointly by 4 Members, including
10 years
10 years
109th Cong.
109th Cong.
2005
2005
the Speaker, the Senate majority leader, and
the Speaker, the Senate majority leader, and
the House and Senate minority leaders the House and Senate minority leaders
H.R. 6656,
H.R. 6656,
July 30, 2008
July 30, 2008
appointed jointly by 12 Members, including
appointed jointly by 12 Members, including
10 years
10 years
110th Cong.
110th Cong.
the Speaker, the Senate majority leader, the
the Speaker, the Senate majority leader, the
House and Senate minority leaders, and the House and Senate minority leaders, and the
chair and ranking minority members of the chair and ranking minority members of the
Committee on House Administration, the Committee on House Administration, the
Senate Committee on Rules and Senate Committee on Rules and
Administration, and the House and Senate Administration, and the House and Senate
Committees on Appropriations Committees on Appropriations
H.R. 2185,
H.R. 2185,
April 30, 2009
April 30, 2009
appointed jointly by 12 Members, including
appointed jointly by 12 Members, including
10 years
10 years
111th Cong.
111th Cong.
the Speaker, the Senate majority leader, the
the Speaker, the Senate majority leader, the
House and Senate minority leaders, and the House and Senate minority leaders, and the
chair and ranking minority members of the chair and ranking minority members of the
Committee on House Administration, the Committee on House Administration, the
Senate Committee on Rules and Senate Committee on Rules and
Administration, and the House and Senate Administration, and the House and Senate
Committees on Appropriations Committees on Appropriations
H.R. 2843,
H.R. 2843,
June 12, 2009
June 12, 2009
Reported by
Reported by
appointed jointly by 18 Members, including
appointed jointly by 18 Members, including
10 years
10 years
111th Cong.
111th Cong.
Committee on
Committee on
the Speaker, the President pro tempore, the
the Speaker, the President pro tempore, the
House
House
House and Senate majority and minority
House and Senate majority and minority
Administration
Administration
leaders, a
leaders, a
memberMember of the Senate to be of the Senate to be
(12/10/2009)
(12/10/2009)
designated by the majority leader of the
designated by the majority leader of the
H.Rept. 111-372
H.Rept. 111-372
Senate, a
Senate, a
memberMember of the Senate to be of the Senate to be
designated by the minority leader of the designated by the minority leader of the
Passed House
Passed House
Senate, and the chair and ranking minority
Senate, and the chair and ranking minority
(2/3/2010)
(2/3/2010)
members of the Committee on House
members of the Committee on House
Administration, the House Committee on
Administration, the House Committee on
Transportation and Infrastructure, the Transportation and Infrastructure, the
Senate Committee on Rules and Senate Committee on Rules and
Administration, and the House and Senate Administration, and the House and Senate
Committees on Appropriations Committees on Appropriations
H.R. 3196
May 10, 2023
Reported by
appointed jointly by 12 Members, including
10 years
118th Cong.
Committee on
the Speaker, the Senate majority leader, the
House
House and Senate minority leaders, and the
Administration
chair and ranking minority members of the
(9/28/2023)
Committee on House Administration, the Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriations
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Term of
Date of
Congressional
Office (if
Bill
Introduction
Action (if any)
Process
specified)
S. 2226
July 11, 2023
Agreed to in the
appointed jointly by 12 Members, including
10 years
118th Cong.
(original
Senate on
the Speaker, the Senate majority leader, the
measure
7/27/2023,
House and Senate minority leaders, and the
reported by the postponed, and
chair and ranking minority members of the
Committee on
incorporated
Committee on House Administration, the
Armed Services text into H.R.
Senate Committee on Rules and
without the
2670 as an
Administration, and the House and Senate
AOC language); amendment.
Committees on Appropriations
see S.Amdt. 220 and S.Amdt. 935
H.R. 2670
April 18, 2023
AOC provision
appointed jointly by 12 Members, including
10 years
118th Cong.
(introduced
incorporated as
the Speaker, the Senate majority leader, the
and referred to
part of the
House and Senate minority leaders, and the
the Committee
Senate
chair and ranking minority members of the
on Armed
amendment to
Committee on House Administration, the
Services
H.R. 2670
Senate Committee on Rules and
without the
(7/27/2023);
Administration, and the House and Senate
AOC language)
included when
Committees on Appropriations
enacted as P.L. 118-31 on 12/22/2023
Source: CRS survey of legislation. CRS survey of legislation.
Notes: This table includes all legislation identified by CRS as of the date of this report. Additional bil s wil be This table includes all legislation identified by CRS as of the date of this report. Additional bil s wil be
added if identified. added if identified.
a. Under S. 1806 (88th Congress), which was introduced the day after S. 1800, the Architect would a. Under S. 1806 (88th Congress), which was introduced the day after S. 1800, the Architect would
be have been
unable to unable to
“evaluate, review, give preliminary approval to, or otherwise pass judgment” on construction or renovation of “evaluate, review, give preliminary approval to, or otherwise pass judgment” on construction or renovation of
the Capitol buildings and groundsthe Capitol buildings and grounds
.
b. S. 2206, 94th Congress, was introduced the same day and addressed the appointment of the Comptrol er
b. S. 2206, 94th Congress, was introduced the same day and addressed the appointment of the Comptrol er
General and Deputy Comptrol er General.
General and Deputy Comptrol er General.
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Appendix B. Architects of the Capitol Since 1793
Since 1793, 12 persons have held the position currently known as the Architect of the Capitol.Since 1793, 12 persons have held the position currently known as the Architect of the Capitol.
5146 Of Of
these, two served for more than three decades and two others served for more than two decades. these, two served for more than three decades and two others served for more than two decades.
As stated above,
As stated above,
pursuant tosince the 1989 act the 1989 act
and continued in the 2023 revisions, any subsequent appointments would be for a term of 10 , any subsequent appointments would be for a term of 10
years, with the possibility of reappointment. years, with the possibility of reappointment.
Table B-1 lists the individuals who have served as Architect, including names, dates of service, and lists the individuals who have served as Architect, including names, dates of service, and
links to biographical information. links to biographical information.
This table does not include information on Acting Architects.
Table B-1. Architects of the Capitol
Name
Dates of Service
Biographical Information
Wil iam Thornton
Wil iam Thornton
1793
1793
https://www.aoc.gov/about-us/history/architects-of-the-capitol/dr-
https://www.aoc.gov/about-us/history/architects-of-the-capitol/dr-
wil iam-thornton wil iam-thornton
Benjamin Latrobe
Benjamin Latrobe
1803-1811
1803-1811
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
1815-1817
1815-1817
benjamin-henry-latrobe
benjamin-henry-latrobe
Charles Bulfinch
Charles Bulfinch
1818-1829
1818-1829
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
charles-bulfinch charles-bulfinch
Thomas Walter
Thomas Walter
1851-1865
1851-1865
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
thomas-ustick-walter thomas-ustick-walter
Edward Clark
Edward Clark
1865-1902
1865-1902
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
edward-clark edward-clark
El iott Woods
El iott Woods
1902-1923
1902-1923
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
elliott-woods elliott-woods
David Lynn
David Lynn
1923-1954
1923-1954
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
david-lynn david-lynn
J. George Stewart
J. George Stewart
1954-1970
1954-1970
https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-
https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-
george-stewart george-stewart
George White
George White
1971-1995
1971-1995
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
george-m-white-faia george-m-white-faia
Alan Hantman
Alan Hantman
1997-2007
1997-2007
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
alan-m-hantman-faia alan-m-hantman-faia
Stephen T. Ayers
Stephen T. Ayers
2010-2018
2010-2018
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
https://www.aoc.gov/about-us/history/architects-of-the-capitol/
stephen-t-ayers-faia-leed-ap stephen-t-ayers-faia-leed-ap
J. Brett Blanton
J. Brett Blanton
2020-202
2020-202
3a
https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-
https://www.aoc.gov/about-us/history/architects-of-the-capitol/j-
brett-blanton brett-blanton
Sources: U.S. Architect of the Capitol, U.S. Architect of the Capitol,
Architects of the Capitol since 1793, https://www.aoc.gov/about-us/history/https://www.aoc.gov/about-us/history/
architects-of-the-capitol; and Wil iam Allen, architects-of-the-capitol; and Wil iam Allen,
History of the United States Capitol (Washington: GPO, 2001). (Washington: GPO, 2001).
List does not include Acting Architects. a. Mr. Blanton’s nomination was confirmed by the Senate on December 19, 2019, but he was sworn in as a. Mr. Blanton’s nomination was confirmed by the Senate on December 19, 2019, but he was sworn in as
Architect on January 16, 2020.
Architect on January 16, 2020.
51
46 The term Architect of the Capitol also refers to some of the early occupants of the office who were known as The term Architect of the Capitol also refers to some of the early occupants of the office who were known as
Commissioner, Surveyor of Public Buildings, or Superintendent of the Capitol. For more information, see William Allen, Commissioner, Surveyor of Public Buildings, or Superintendent of the Capitol. For more information, see William Allen,
History of the United States Capitol (Washington: GPO, 2001), pp. 27, 50-51, 398, and 400-401. (Washington: GPO, 2001), pp. 27, 50-51, 398, and 400-401.
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Architect of the Capitol Appointment Procedure: Evolution and Recent Changes: Evolution and Implementation of the Appointment Procedure
Author Information
Ida A. Brudnick Ida A. Brudnick
Specialist on the Congress
Specialist on the Congress
Acknowledgments
Portions of this report were previously authored by Mildred Amer, formerly a Specialist on the Congress. The
Portions of this report were previously authored by Mildred Amer, formerly a Specialist on the Congress. The
listed author has updated the report and may be contacted with any questions. listed author has updated the report and may be contacted with any questions.
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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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