Legislative Branch Agency Appointments: History, Processes, and Recent Actions

Changes from July 28, 2023 to February 20, 2024

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Legislative Branch Agency Appointments:
~~July 28, 2023~~February 20, 2024
History, Processes, and Recent Actions
Ida A. Brudnick
The leaders of the legislative branch agencies and entities—the Government The leaders of the legislative branch agencies and entities—the Government
Accountability Specialist on the Congress Specialist on the Congress
~~Accountability~~ Office (GAO), the Library of Congress (LOC), the Congressional Office (GAO), the Library of Congress (LOC), the Congressional

Research Service (CRS), the Research Service (CRS), the Government Publishing Office (GPO, formerly Government Publishing Office (GPO, formerly
Government Printing Office), the Office of the Architect of the Capitol (AOC), the U.S. Government Printing Office), the Office of the Architect of the Capitol (AOC), the U.S.

Capitol Police (USCP), the Congressional Budget Capitol Police (USCP), the Congressional Budget Office (CBO), the Office of Office (CBO), the Office of
Congressional Workplace Rights (OCWR), and the Congressional Office for International Leadership (COIL, Congressional Workplace Rights (OCWR), and the Congressional Office for International Leadership (COIL,
formerly the Open World Leadership Center)—are appointed in a variety of manners. formerly the Open World Leadership Center)—are appointed in a variety of manners.
Congress has periodically examined the procedures used to appoint these officers with the aim of protecting the Congress has periodically examined the procedures used to appoint these officers with the aim of protecting the
prerogatives of, and ensuring accountability to, Congress within the framework of the advice and consent prerogatives of, and ensuring accountability to, Congress within the framework of the advice and consent
appointment process established in Article II, Section 2 of the Constitution. appointment process established in Article II, Section 2 of the Constitution.
~~Four agencies are led by a person appointed by the President, with the advice and consent of the Senate; two are~~
~~appointed by Congress (i.e., by designated Members or officers); one is appointed by the Librarian of Congress;~~
~~one is appointed by a board of directors; and one is appointed by the Librarian of Congress on behalf of the board~~
~~of trustees.~~
~~Legislation introduced in the 118th Congress would alter the appointment process for the Architect of the Capitol~~
~~(H.R. 3196, the Architect of the Capitol Appointment Act of 2023; and S.Amdt. 935 to S. 2226, the National~~
~~Defense Authorization Act for Fiscal Year 2024)~~Most recently, legislation enacted in the 118th Congress altered the appointment process for the Architect of the Capitol. 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. Under the new procedure, the appointment is pursuant to a majority vote of the commission, as is reappointment or removal. Following this change, three agencies are led by a person appointed by the President, with the advice and consent of the Senate; three are appointed by Congress (i.e., by designated Members, leaders, a commission comprised of Members, or officers); one is appointed by the Librarian of Congress; one is appointed by a board of directors; and one is appointed by the Librarian of Congress on behalf of the board of trustees. .
This report contains information on the legislative branch agency heads’ appointment processes, length of tenures This report contains information on the legislative branch agency heads’ appointment processes, length of tenures
(if terms are set), reappointment or removal provisions (if any), salaries and benefits, and most recent (if terms are set), reappointment or removal provisions (if any), salaries and benefits, and most recent
appointments. appointments.

Congressional Research Service Congressional Research Service

~~link to page 5~~ Legislative Branch Agency Appointments: History, Processes, and Recent Actions

Introduction
The leaders of legislative branch agencies and entities—the Government Accountability Office, The leaders of legislative branch agencies and entities—the Government Accountability Office,
the Library of Congress, the Government Publishing Office (formerly Government Printing the Library of Congress, the Government Publishing Office (formerly Government Printing
Office), the Office of the Architect of the Capitol, the U.S. Capitol Police, the Congressional Office), the Office of the Architect of the Capitol, the U.S. Capitol Police, the Congressional
Budget Office, the Congressional Research Service, the Office of Congressional Workplace Budget Office, the Congressional Research Service, the Office of Congressional Workplace
Rights, and the Congressional Office for International Leadership (formerly the Open World Rights, and the Congressional Office for International Leadership (formerly the Open World
Leadership Center)—are appointed in a variety of manners. Leadership Center)—are appointed in a variety of manners.
The first The first ~~four~~three agencies agencies listed above are led by a person appointed by the President, with the advice and are led by a person appointed by the President, with the advice and
consent of the Senate. The next consent of the Senate. The next ~~two~~three are appointed by Congress (i.e., by designated Members or are appointed by Congress (i.e., by designated Members or
officers), the next by the Librarian of Congressofficers), the next by the Librarian of Congress (after consultation with the Joint Committee on the Library), the next by a board of directors, and the last is , the next by a board of directors, and the last is
appointed by the Librarian of Congress on behalf of the board of trustees. appointed by the Librarian of Congress on behalf of the board of trustees.
The most recent change in appointment process for any of these positions occurred with the enactment of the Architect of the Capitol Appointment Act of 2023 (within the National Defense Authorization Act for Fiscal Year 2024, H.R. 2670, P.L. 118-31) on December 22, 2023. Congress has periodically examined the procedures used to appoint legislative branch officers Congress has periodically examined the procedures used to appoint legislative branch officers
with the aim of protecting the prerogatives of, and ensuring accountability to, Congress within the with the aim of protecting the prerogatives of, and ensuring accountability to, Congress within the
framework of the advice and consent appointment process established in Article II, Section 2 of framework of the advice and consent appointment process established in Article II, Section 2 of
the Constitution.1 Legislation to alter the appointment process for legislative branch agencies and the Constitution.1 Legislation to alter the appointment process for legislative branch agencies and
entities has periodically been introduced for many years.2 entities has periodically been introduced for many years.2
Questions remain about various reform proposals, including the ability of Congress to remove Questions remain about various reform proposals, including the ability of Congress to remove
the President from the appointment process for some of these positions. These may depend upon the President from the appointment process for some of these positions. These may depend upon
the implication or interpretation of the Appointments Clause of the Constitution, the definition of the implication or interpretation of the Appointments Clause of the Constitution, the definition of
an “officer of the United States,” the specific office or agency in question, and whether or not a an “officer of the United States,” the specific office or agency in question, and whether or not a
change in appointing authority would require any revision in the powers and duties of legislative change in appointing authority would require any revision in the powers and duties of legislative
branch agency leaders. Some previous reforms and proposals have also attempted to find a role branch agency leaders. Some previous reforms and proposals have also attempted to find a role
for the House of Representatives, which does not play a formal role in the confirmation of for the House of Representatives, which does not play a formal role in the confirmation of
presidential nominees, in the search for legislative branch officials. presidential nominees, in the search for legislative branch officials.
Overview by Legislative Branch Agency or Entity
The following sections contain information on the legislative branch agency heads’ appointment The following sections contain information on the legislative branch agency heads’ appointment
processes, length of tenures (if terms are set), reappointment or removal provisions (if any), processes, length of tenures (if terms are set), reappointment or removal provisions (if any),
~~salaries and benefits, and most recent appointments. Information is provided on each agency and~~
~~summarized in Table 1.~~
~~The report does not address all statutorily established appointive positions in the legislative~~
~~branch. Additional positions—including some deputies, inspectors general, counsels, and leaders~~

~~1 This section states:~~ 1 This section states The President “shall nominate, and by and with the Advice and Consent of the Senate, shall 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 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 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, 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.” in the Courts of Law, or in the Heads of Departments.”
2 For example, see H.R. 8616, S. 2206, and S. 2205 (94th Cong.); S. 1278 and H.R. 63 (93rd Cong.); and H.R. 17102 2 For example, see H.R. 8616, S. 2206, and S. 2205 (94th Cong.); S. 1278 and H.R. 63 (93rd Cong.); and H.R. 17102
(92nd Cong.). In more recent Congresses, the Legislative Branch Officer Appointment Act of 2005 (H.R. 4446, 109th (92nd Cong.). In more recent Congresses, the Legislative Branch Officer Appointment Act of 2005 (H.R. 4446, 109th
Cong.) and the Architect of the Capitol Appointment Act of 2008 (H.R. 6656, 110th Cong.) were introduced and Cong.) and the Architect of the Capitol Appointment Act of 2008 (H.R. 6656, 110th Cong.) were introduced and
referred to committees, although no further action was taken. In the 111th Congress, two measures (H.R. 2185 and H.R. referred to committees, although no further action was taken. 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 2843) were introduced to remove the President from the Architect appointment process and shift it to the congressional
leaders and chairs and ranking Members of specific congressional committees. H.R. 2843, the Architect of the Capitol leaders and chairs and ranking Members of specific congressional committees. H.R. 2843, the Architect of the Capitol
Appointment Act of 2010, passed the House on February 3, 2010, but received no further consideration. In the 118th Appointment Act of 2010, passed the House on February 3, 2010, but received no further consideration. In the 118th
Congress, Congress, see H.R. 3196, S.Amdt. 220~~H.R. 3196, the Architect of the Capitol Appointment Act of 2023, was introduced in the House,~~ and S.Amdt. and S.Amdt.
~~935 to S. 2226, the National Defense Authorization Act for Fiscal Year 2024, with similar language altering the~~
~~appointment of the Architect of the Capitol, was considered in the Senate.~~
935 to S. 2226; and H.R. 2670 (P.L. 118-31). Congressional Research Service Congressional Research Service

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link to page link to page 5 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 Legislative Branch Agency Appointments: History, Processes, and Recent Actions

salaries and benefits, and most recent appointments. Information is provided on each agency and summarized in Table 1. The report does not address all statutorily established appointive positions in the legislative branch. Additional positions—including some deputies, inspectors general, counsels, and leaders of service units or divisions—are beyond the scope of this report, but may be addressed in other of service units or divisions—are beyond the scope of this report, but may be addressed in other
CRS products. CRS products.
Table 1. Legislative Branch Agency and Entity Executives: Summary of Appointment
Process, Tenure, and Salaries
~~(as of July 26, 2023)~~
Agency
(Top Official)
Appointment Process
Tenure
Salarya
Architect of the Capitol Architect of the Capitol ~~Advice and Consent;~~Majority vote of a
10 years 10 years
Equivalent to Level II of Equivalent to Level II of
(Architect of the (Architect of the
congressional commission congressional commission
May be reappointed May be reappointed
the Executive Schedul the Executive Schedulea
Capitol) Capitol)
~~recommends names to the~~
~~President~~
comprised of 12 Members Government Government
Advice and Consent; Advice and Consent;
15 years 15 years
Equivalent to Level II of Equivalent to Level II of
Accountability Office Accountability Office
congressional commission congressional commission
Not eligible for Not eligible for
the Executive Schedul the Executive Schedulea
(Comptrol er General) (Comptrol er General)
recommends names to the recommends names to the
reappointment reappointment
President President
Government Publishing Government Publishing
Advice and Consent Advice and Consent
10 years 10 years
Equivalent to Level II of Equivalent to Level II of
Office Office
May be reappointed May be reappointed
the Executive Schedul the Executive Schedulea
(Director) (Director)
Library of Congress Library of Congress
Advice and Consent Advice and Consent
10 years 10 years
Equivalent to Level II of Equivalent to Level II of
(Librarian of Congress) (Librarian of Congress)
May be reappointed May be reappointed
the Executive Schedul the Executive Schedulea
Congressional Research Appointed by the Librarian Congressional Research Appointed by the Librarian
None specified in law None specified in law
“the greater of the rate of “the greater of the rate of
Service Service
after consultation with the after consultation with the
pay in effect for level III of pay in effect for level III of
(Director) (Director)
Joint Committee on the Library Joint Committee on the Library
the Executive Schedule” the Executive Schedule”
or “the maximum annual or “the maximum annual
rate of basic pay payable . . rate of basic pay payable . .
for positions at agencies for positions at agencies
with a [certified] with a [certified]
performance appraisal performance appraisal
systemsystem”a
Capitol Police Capitol Police
Appointed by the Capitol Appointed by the Capitol
None specified in law None specified in law
Equivalent to Level II of Equivalent to Level II of
(Chief) (Chief)
Police Board Police Board
the Executive Schedul the Executive Schedulea
Congressional Budget Congressional Budget
Appointed by Speaker and Appointed by Speaker and
4 years 4 years
Maximum rate of Maximum rate of
Office Office
President pro tempore after President pro tempore after
May be reappointed May be reappointed
compensation paid to compensation paid to
(Director) (Director)
consideration of consideration of
employees of the Senate, employees of the Senate,
recommendations of the recommendations of the
which is also equivalent to which is also equivalent to
Committees on the Budget Committees on the Budget
Level II of the Executive Level II of the Executive
SchedulSchedulea
Office of Congressional Office of Congressional
Appointed by Chair of the Appointed by Chair of the
5 years 5 years
Established by Chair of the Established by Chair of the
Workplace Rights Workplace Rights
Board of Directors of the Board of Directors of the
May serve up to two May serve up to two
Board at a rate not to Board at a rate not to
(Executive Director) (Executive Director)
Office of Congressional Office of Congressional
terms terms
exceed the maximum rate exceed the maximum rate
Workplace Rights, subject to Workplace Rights, subject to
of compensation paid to of compensation paid to
the approval of the Board the approval of the Board
employees of the Senate, employees of the Senate,
which is also equivalent to which is also equivalent to
Level II of the Executive Level II of the Executive
SchedulSchedulea
Congressional Office Congressional Office
Appointed by the Librarian of Appointed by the Librarian of
None specified in law None specified in law
Established by the Board Established by the Board
for International for International
Congress on behalf of the Congress on behalf of the
at a rate not to exceed at a rate not to exceed
Leadership Leadership
Board of Trustees Board of Trustees
Level III of the Executive Level III of the Executive
(Executive Director) (Executive Director)
Schedul Schedulea
Source: Congressional Research Service. See sections on the individual positions for additional information.
Congressional Research Service Congressional Research Service

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Legislative Branch Agency Appointments: History, Processes, and Recent Actions

Source: Congressional Research Service. See sections on the individual positions for additional information. Notes:
a. For information on a. For information on ~~2023~~2024 rates for certain senior officials, see https://www.opm.gov/policy-data-oversight/ rates for certain senior officials, see https://www.opm.gov/policy-data-oversight/
pay-leave/salaries-wages/pay-executive-order- pay-leave/salaries-wages/pay-executive-order-~~2023~~2024-adjustments-of-certain-rates-of-pay.pdf. In addition, OPM -adjustments-of-certain-rates-of-pay.pdf. In addition, OPM
Salary Table No. Salary Table No. ~~2023~~2024-EX, “Rates of Basic Pay for the Executive Schedule (EX),” effective January -EX, “Rates of Basic Pay for the Executive Schedule (EX),” effective January ~~2023~~2024, ,
includes the official includes the official ~~2023~~2024 EX rates, which are also the payable rates for officials not covered by the freeze. It EX rates, which are also the payable rates for officials not covered by the freeze. It
also statesalso states~~: “Note: Section 747 of division E of the Consolidated Appropriations Act, 2023, continues a~~
~~freeze on the payable rates of pay for certain senior political officials through the end of the last day of the~~
~~last pay period that begins in calendar year 2023 (i.e., January 13, 2024, for those on the standard biweekly~~
~~pay period cycle). See https://www.chcoc.gov/content/continued-pay-freeze-certain-senior-political-officials-~~
~~7 for more information~~ “The Further Continuing Appropriations and Other Extensions Act, 2024 (P.L. 118-22, November 16, 2023) continues the pay freeze on the payable pay rates for the Vice President and certain senior political appointees through February 2, 2024. Future Congressional action wil determine whether the pay freeze continues beyond that date.” From calendar year 2014 through calendar year 2018, legislation limited pay .” From calendar year 2014 through calendar year 2018, legislation limited pay
increases for certain appointees who are paid at rates equal to the Executive Schedule (P.L. 113-76, Division increases for certain appointees who are paid at rates equal to the Executive Schedule (P.L. 113-76, Division
E, title VII, §741, January 17, 2014; P.L. 113-235, Division E, title VII, §738, December 16, 2014; P.L. 114-113, E, title VII, §741, January 17, 2014; P.L. 113-235, Division E, title VII, §738, December 16, 2014; P.L. 114-113,
Division E, title VII, §738, December 18, 2015; P.L. 115-31, Division E, title VII, §738, May 5, 2017; P.L. 115-Division E, title VII, §738, December 18, 2015; P.L. 115-31, Division E, title VII, §738, May 5, 2017; P.L. 115-
141, Division E, title VII, §738, March 23, 2018). The Consolidated Appropriations Act, 2019 (P.L. 116-6, 141, Division E, title VII, §738, March 23, 2018). The Consolidated Appropriations Act, 2019 (P.L. 116-6,
Division D, title VII, §749, February 15, 2019) applied a modified pay freeze to calendar year 2019. The Division D, title VII, §749, February 15, 2019) applied a modified pay freeze to calendar year 2019. The
Consolidated Appropriations Act, 2020 (P.L. 116-93, Division C, title VII, §749, Consolidated Appropriations Act, 2020 (P.L. 116-93, Division C, title VII, §749, December 20, 2019), the December 20, 2019), the
Consolidated Appropriations Act, 2021 (P.L. 116-260, Division E, title VII, §748, December 27, 2020), the Consolidated Appropriations Act, 2021 (P.L. 116-260, Division E, title VII, §748, December 27, 2020), the
Consolidated Appropriations Act, 2022 (P.L. 117-103, Division E, §747, March 15, 2022), Consolidated Appropriations Act, 2022 (P.L. 117-103, Division E, §747, March 15, 2022), ~~and~~ the the
Consolidated Appropriations Act, 2023 (P.L. 117-328, Division E, §747, December 29, 2022Consolidated Appropriations Act, 2023 (P.L. 117-328, Division E, §747, December 29, 2022), and the Further Continuing Appropriations and Other Extensions Act, 2024 (P.L. 118-22, §141, November 16, 2023) continued this ) continued this
modified freeze. Level II is the salary for many deputy secretaries and heads of independent agencies (5 modified freeze. Level II is the salary for many deputy secretaries and heads of independent agencies (5
U.S.C. §5313). The U.S.C. §5313). The ~~2023~~2024 Level II rate for officials not covered by the freeze is Level II rate for officials not covered by the freeze is ~~$212,100. The 2023~~$221,900. The 2024 Level II Level II
rate for officials covered by the freeze is $183,100. For positions linked to the maximum rate of rate for officials covered by the freeze is $183,100. For positions linked to the maximum rate of
compensation of Senate employees, see 2 U.S.C. §4575(f) (Gross rate of compensation of employees paid compensation of Senate employees, see 2 U.S.C. §4575(f) (Gross rate of compensation of employees paid
by Secretary of Senate, general limitation). by Secretary of Senate, general limitation).
Architect of the Capitol
~~Pursuant to the Legislative Branch Appropriations Act, 1990,3 the Architect is “appointed by the~~
~~President by and with the advice and consent of the Senate for a term of 10 years.”4 The act also~~
~~established a congressional commission responsible for recommending individuals to the~~
~~President for the position of Architect of the Capitol. The commission, originally consisting of 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 Senate, and the chairs and the~~
~~ranking minority Members of the Committee on House Administration and the Senate Committee~~
~~on Rules and Administration, was expanded in 1995 to include the chairs and ranking minority~~
~~Members of the House and Senate Appropriations Committees.5~~
~~Prior to 1989, the Architect was selected by the President for an unlimited term without any~~
~~formal involvement of Congress. The FY1990 act, however, followed numerous attempts dating~~
~~at least to the 1950s to alter the appointment procedure to provide a role for Congress. The~~
~~proposals included requiring the advice and consent of the Senate,6 establishing a commission to~~
~~recommend names to the President, and removing the appointment process from the President~~
~~and instead making the Architect appointed solely by Congress.~~
~~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 congressional leaders and chairs~~
~~and ranking Members of specific congressional committees. Under both measures, the Architect~~
~~would still serve a 10-year term. Under H.R. 2843, as reported, the Architect would have been~~
~~appointed jointly by the same 14-member panel, equally divided between the House and Senate,~~

~~3 P.L. 101-163, November 21, 1989, 103 Stat. 1068, 2 U.S.C. §1801.~~
~~4 2 U.S.C. §1801(a)(1).~~
~~5 P.L. 104-19, July 27, 1995, 109 Stat. 220.~~
~~6 For example, S. 2760 (96th Cong., S.Rept. 96-818) passed the Senate on November 24, 1980, but received no further~~
~~action.~~
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~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~which currently is responsible for recommending candidates to the President. This bill was~~
~~reported by the Committee on House Administration (H.Rept. 111-372) on December 10, 2009.~~
~~The Committee on Transportation and Infrastructure was discharged from further consideration~~
~~the same day. The House agreed to the bill, as amended to include an 18-member panel,7 also~~
~~equally divided between the House and Senate, by voice vote on February 3, 2010. H.R. 2843~~
~~was received in the Senate and referred to the Committee on Rules and Administration, although~~
~~no further action was taken.~~
~~Under the earlier bill (H.R. 2185, 111th Congress), which was introduced on April 30, 2009, the~~
~~Architect would have been appointed jointly by the Speaker of the House, the Senate majority~~
~~leader, the minority leaders in the House and Senate, the chairs and ranking minority Members of~~
~~the House and Senate Committees on Appropriations, and the chairs and ranking minority~~
~~Members of the Committee on House Administration and Senate Committee on Rules and~~
~~Administration. This bill followed similar legislation (H.R. 6656, 110th Congress), with the same~~
~~12-member appointing panel, introduced on July 30, 2008. Both bills were referred to two~~
~~committees, but no further action was taken.8~~
~~On December 20, 2022, S. 5319, a bill to establish procedures for the removal of the Architect of~~
~~the Capitol, was introduced in the Senate. It was referred to the~~Legislation to change the appointment of the Architect was considered and enacted in the 118th Congress. On May 10, 2023, H.R. 3196, the Architect of the Capitol Appointment Act of 2023, was introduced and referred to the Committee on House Administration, and in addition to the House Committee on Transportation and Infrastructure. This bill would have made the Architect’s appointment based on a majority vote of a congressional commission, maintained the 10-year term of office, and allowed for removal with a majority vote of the members of the appointing commission.3 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 Architect appointment provision. 3 The congressional commission proposed in H.R. 3196 and eventually enacted in P.L. 118-31 is comprised of “the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate” (H.R. 3196, 118th Congress). Congressional Research Service 3 Legislative Branch Agency Appointments: History, Processes, and Recent Actions 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 (P.L. 118-31). Previously, pursuant to the Legislative Branch Appropriations Act, 1990,4 the Architect was “appointed by the President by and with the advice and consent of the Senate for a term of 10 years.”5 The act also established a congressional commission responsible for recommending individuals to the President for the position of Architect of the Capitol. The commission, originally consisting of 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 Senate, and the chairs and the ranking minority Members of the Committee on House Administration and the Senate Committee on Rules and Committee on Rules and
~~Administration, but no further action was taken during the 117th Congress. A similar bill, S. 97~~
~~(118th Congress), was introduced on January 26, 2023, and referred to the Committee on Rules~~
~~and Administration.~~
~~On May 10, 2023, H.R. 3196, the Architect of the Capitol Appointment Act of 2023, was~~
~~introduced and referred to the Committee on House Administration, and in addition to the House~~
~~Committee on Transportation and Infrastructure. This bill would make the Architect’s~~
~~appointment based on a majority vote of a congressional commission, maintain the 10-year term~~
~~of office, and allow for removal with a majority vote of the members of the appointing~~
~~commission.9~~
~~S.Amdt. 935 to S. 2226 (July 19, 2023), the National Defense Authorization Act for Fiscal Year~~
~~2024, also contains similar provisions amending the Architect’s appointment.~~
~~The salary for the Architect has been statutorily changed a few times in recent years. Beginning~~
~~with the enactment of the FY2002 Legislative Branch Appropriations Act, the Architect was~~
~~compensated at an “annual rate which is equal to the lesser of the annual salary for the Sergeant at~~
~~Arms of the House of Representatives or the annual salary for the Sergeant at Arms and~~

~~7 The bill, as amended, would have included the following in addition to the original 14-member panel: the chair and~~
~~ranking minority Member of the Committee on Transportation and Infrastructure of the House of Representatives, a~~
~~Member of the Senate to be designated by the majority leader of the Senate, and a Member of the Senate to be~~
~~designated by the minority leader of the Senate.~~
~~8 For additional information, see “Table A-1. Proposals to Alter the Appointment of the Architect: 1959-Present” in the~~
~~Appendix of CRS Report R41074,~~ ~~Architect of the Capitol: Evolution and Implementation of the Appointment~~
~~Procedure, by Ida A. Brudnick.~~
~~9 The congressional commission would be comprised of “the Speaker of the House of Representatives, the majority~~
~~leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority~~
~~member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority~~
~~member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee~~
~~on House Administration of the House of Representatives, and the chairman and ranking minority member of the~~
~~Committee on Rules and Administration of the Senate” (H.R. 3196, 118th Congress).~~
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~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~Doorkeeper of the Senate.”10~~Administration, was expanded in 1995 to include the chairs and ranking minority Members of the House and Senate Appropriations Committees.6 Prior to 1989, the Architect was selected by the President for an unlimited term without any formal involvement of Congress. The FY1990 act, however, followed numerous attempts dating at least to the 1950s to alter the appointment procedure to provide a role for Congress. The proposals included requiring the advice and consent of the Senate,7 establishing a commission to recommend names to the President, and removing the appointment process from the President and instead making the Architect appointed solely by Congress. The salary for the Architect has been statutorily changed a few times in recent years. Beginning with the enactment of the FY2002 Legislative Branch Appropriations Act, the Architect was compensated at an “annual rate which is equal to the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.”8 In general, this level was equivalent to $1,500 below the salary of In general, this level was equivalent to $1,500 below the salary of
Members of Congress. Members of Congress.
Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the Architect of the Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the Architect of the
Capitol was set “at an annual rate which is equal to the maximum rate of pay in effect under Capitol was set “at an annual rate which is equal to the maximum rate of pay in effect under
section 4575(f) of Title II” of the section 4575(f) of Title II” of the U.S. Code (e.g., maximum rate of compensation of Senate (e.g., maximum rate of compensation of Senate
employees).employees).119
A provision included in the House-reported FY2021 legislative branch appropriations bill, H.R. A provision included in the House-reported FY2021 legislative branch appropriations bill, H.R.
7611, proposed setting pay for the Architect at Level II of the Executive Schedule. This provision 7611, proposed setting pay for the Architect at Level II of the Executive Schedule. This provision
was not included in the FY2021 Senate Appropriations Committee majority draft bill or the was not included in the FY2021 Senate Appropriations Committee majority draft bill or the
FY2021 Consolidated Appropriations (P.L. 116-260). A similar provision setting pay at Level II FY2021 Consolidated Appropriations (P.L. 116-260). A similar provision setting pay at Level II
of the Executive Schedule was included in the House-passed FY2022 legislative branch of the Executive Schedule was included in the House-passed FY2022 legislative branch
4 P.L. 101-163, November 21, 1989, 103 Stat. 1068. 5 2 U.S.C. §1801(a)(1). 6 P.L. 104-19, July 27, 1995, 109 Stat. 220. 7 For example, S. 2760 (96th Cong., S.Rept. 96-818) passed the Senate on November 24, 1980, but received no further action. 8 This language was included in the Legislative Branch Appropriations Act, 2002 (P.L. 107-68, §129, November 12, 2001, 115 Stat. 579-580, 2 U.S.C. §1802 note). Prior to 2001, the position was linked to Level III of the Executive Schedule. 9 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1802. Congressional Research Service 4 Legislative Branch Agency Appointments: History, Processes, and Recent Actions appropriations bill, H.R. 4346, but not the Senate Appropriations Committee chairman’s draft bill. appropriations bill, H.R. 4346, but not the Senate Appropriations Committee chairman’s draft bill.
This provision was included in the FY2022 Consolidated Appropriations Act (P.L. 117-103).This provision was included in the FY2022 Consolidated Appropriations Act (P.L. 117-103).1210
Most Recent Appointment
The Acting Architect of the Capitol The Acting Architect of the Capitol ~~is Chere Rexroat, who is also the Chief Engineer.13~~and Chief of Operations is Joseph DiPietro.11 He succeeded Chere Rexroat, the Chief Engineer, in this acting role.
On February 13, 2023, previous Architect J. Brett Blanton was informed by the White House that On February 13, 2023, previous Architect J. Brett Blanton was informed by the White House that
his appointment as Architect was terminated. The termination followed a hearing of the his appointment as Architect was terminated. The termination followed a hearing of the
Committee on House Administration on February 9, 2023,Committee on House Administration on February 9, 2023,1412 and an inspector general report and an inspector general report
issued on October 26, 2022.issued on October 26, 2022.1513
Mr. Blanton was nominated to be Architect of the Capitol by President Donald J. Trump on Mr. Blanton was nominated to be Architect of the Capitol by President Donald J. Trump on
December 9, 2019. The nomination was referred to the Senate Committee on Rules and 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 Blanton was Administration. The committee held a hearing on December 12, 2019, and Blanton was
confirmed by voice vote in the Senate on December 19, 2019. confirmed by voice vote in the Senate on December 19, 2019.
Previously, Stephen T. Ayers was nominated by President Obama for a 10-year term on February Previously, Stephen T. Ayers was nominated by President Obama for a 10-year term on February
24, 2010. The nomination was referred to the Senate Committee on Rules and Administration. 24, 2010. The nomination was referred to the Senate Committee on Rules and Administration.
The committee held a hearing on April 15, 2010, and Ayers was confirmed by voice vote in the The committee held a hearing on April 15, 2010, and Ayers was confirmed by voice vote in the
Senate on May 12, 2010. Ayers was previously the Deputy Architect/Chief Operating Officer and Senate on May 12, 2010. Ayers was previously the Deputy Architect/Chief Operating Officer and
had served as Acting Architect of the Capitol following the February 4, 2007, retirement of had served as Acting Architect of the Capitol following the February 4, 2007, retirement of
former Architect of the Capitol Alan Hantman. Upon the retirement of Ayers on November 23, former Architect of the Capitol Alan Hantman. Upon the retirement of Ayers on November 23,
2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating Officer, became the 2018, Christine Merdon, the Deputy Architect of the Capitol/Chief Operating Officer, became the

~~10 This language was included in the Legislative Branch Appropriations Act, 2002 (P.L. 107-68, §129, November 12,~~
~~2001, 115 Stat 579-580, 2 U.S.C. §1802 note). Prior to 2001, the position was linked to Level III of the Executive~~
~~Schedule.~~
~~11 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1802.~~
~~12 P.L. 117-103, March 15, 2022, 136 Stat. 526, 2 U.S.C. §1802.~~
13Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as Acting Architect of the Capitol until the confirmation of Blanton. Government Accountability Office Pursuant to 31 U.S.C. §703(a)(1), the Comptroller General shall be “appointed by the President, by and with the advice and consent of the Senate.” This procedure dates to the establishment of the agency in 1921.14 Additionally, a commission procedure established in 1980 recommends individuals to the President in the event of a vacancy.15 The commission consists of the Speaker of the House, the President pro tempore of the Senate, the majority and minority leaders of the House and Senate, the chairs and ranking minority Members of the Senate Committee on 10 P.L. 117-103, March 15, 2022, 136 Stat. 526, 2 U.S.C. §1802. 11 See “Joseph DiPietro,” U.S. Architect of the Capitol, https://www.aoc.gov/about-us/organizational-structure/office-chief-operations/ChOps. Pursuant to 2 U.S.C. §1804, the Deputy Architect of the Capitol acts as the Architect of the Capitol during a vacancy Pursuant to 2 U.S.C. §1804, the Deputy Architect of the Capitol acts as the Architect of the Capitol during a vacancy
in that position. At the time of Mr. Blanton’s termination as Architect, the deputy position was vacant. in that position. At the time of Mr. Blanton’s termination as Architect, the deputy position was vacant.
14 12 See U.S. Congress, Committee on House Administration, See U.S. Congress, Committee on House Administration, The Looking Ahead Series: The Architect of the Capitol’s
Strategic Plan for the 118th Congress, 118th Cong., 1st sess., February 9, 2023, at https://cha.house.gov/committee-, 118th Cong., 1st sess., February 9, 2023, at https://cha.house.gov/committee-
activity/hearings/looking-ahead-series-architect-capitols-strategic-plan-118th-congress. activity/hearings/looking-ahead-series-architect-capitols-strategic-plan-118th-congress.
1513 See “J. Brett Blanton, Architect of the Capitol, Abused His Authority, Misused Government Property and Wasted See “J. Brett Blanton, Architect of the Capitol, Abused His Authority, Misused Government Property and Wasted
Taxpayer Money, Among Other Substantiated Violations,” Architect of the Capitol, Office of Inspector General, Taxpayer Money, Among Other Substantiated Violations,” Architect of the Capitol, Office of Inspector General,
October, 26, 2022, available at https://www.oversight.gov/report/AOC/J-Brett-Blanton-Architect-Capitol-Abused-His-October, 26, 2022, available at https://www.oversight.gov/report/AOC/J-Brett-Blanton-Architect-Capitol-Abused-His-
Authority-Misused-Government-Property-and. Authority-Misused-Government-Property-and.
~~Congressional Research Service~~

5

~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~Acting Architect of the Capitol. After her resignation in August 2019, Thomas J. Carroll served as~~
~~Acting Architect of the Capitol until the confirmation of Blanton.~~
~~Government Accountability Office~~
~~Pursuant to 31 U.S.C. §703(a)(1), the Comptroller General shall be “appointed by the President,~~
~~by and with the advice and consent of the Senate.” This procedure dates to the establishment of~~
~~the agency in 1921.16 Additionally, a commission procedure established in 1980 recommends~~
~~individuals to the President in the event of a vacancy.17 The commission consists of the Speaker~~
~~of the House, the President pro tempore of the Senate, the majority and minority leaders of the~~
~~House and Senate, the chairs and ranking minority Members of the Senate Committee on~~
14 Ch. 18, §302, June 10, 1921, 42 Stat. 23. For additional information on discussion prior to enactment, see Congressional Record, June 4, 1920 pp. 8609-8613; Congressional Record, May 3, 1921, pp. 982-984; Congressional Record, May 5, 1921, p. 1079; Congressional Record, May 27, 1921, pp. 1855-1859. For a more recent discussion, see H.R. 4296 and Congressional Record, October 21, 1998, p. S12980. 15 P.L. 96-226, 94 Stat. 314-315, April 3, 1980; 31 U.S.C. §703(a)(2). Congressional Research Service 5 Legislative Branch Agency Appointments: History, Processes, and Recent Actions Homeland Security and Governmental Affairs and the House Committee on Oversight and Homeland Security and Governmental Affairs and the House Committee on Oversight and
Government Reform. The commission is to recommend at least three individuals for this position Government Reform. The commission is to recommend at least three individuals for this position
to the President, although the President may request additional names. to the President, although the President may request additional names.
The Comptroller General is appointed to a 15-year term and may not be reappointed. The Comptroller General is appointed to a 15-year term and may not be reappointed.1816 The The
Comptroller General may be removed by “(A) impeachment; or (B) joint resolution of Congress, Comptroller General may be removed by “(A) impeachment; or (B) joint resolution of Congress,
after notice and an opportunity for a hearing” and only by reason of permanent disability; 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.inefficiency; neglect of duty; malfeasance; or a felony or conduct involving moral turpitude.1917
The salary of the Comptroller General is equal to Level II of the Executive Schedule. The salary of the Comptroller General is equal to Level II of the Executive Schedule.2018
Additionally, a law enacted in 1953 established a separate retirement system for the Comptroller Additionally, a law enacted in 1953 established a separate retirement system for the Comptroller
General.General.2119
Most Recent Appointment
Gene L. Dodaro, then-chief operating officer at GAO, became the acting Comptroller General on Gene L. Dodaro, then-chief operating officer at GAO, became the acting Comptroller General on
March 13, 2008, upon the resignation of David M. Walker,March 13, 2008, upon the resignation of David M. Walker,2220 who had previously been confirmed who had previously been confirmed

~~16 Ch. 18, §302, June 10, 1921, 42 Stat. 23. For additional information on discussion prior to enactment, see~~
Congressional Record, June 4, 1920 pp. 8609-8613; Congressional Record, May 3, 1921, pp. 982-984; ~~Congressional~~
~~Record, May 5, 1921, p. 1079; Congressional Record, May 27, 1921, pp. 1855-1859. For a more recent discussion, see~~
~~H.R. 4296 and Congressional Record, October 21, 1998, p. S12980.~~
~~17 P.L. 96-226, 94 Stat. 314-315, April 3, 1980; 31 U.S.C. §703(a)(2).~~
~~18 31 U.S.C. §703(b).~~
19on October 21, 1998. The White House announced Dodaro’s nomination to a 15-year term as Comptroller General on September 22, 2010. The Senate Committee on Homeland Security and Governmental Affairs held a hearing on the nomination on November 18, 2010, and Dodaro was confirmed by the Senate by voice vote on December 22, 2010. Government Publishing Office The Government Publishing Office (GPO; formerly Government Printing Office) was established in 1861. The U.S. Code, at 44 U.S.C. §301, states that the President “shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person to take charge of and manage the Government Publishing Office. The title shall be Director of the Government Publishing Office.” 16 31 U.S.C. §703(b). 17 31 U.S.C. §703(e). See also 31 U.S.C. §703(e). See also Myers v. United States (1926); (1926); Humphrey’s Executor v. United States (1935); and (1935); and
Bowsher v. Synar (1986). (1986).
2018 P.L. 97-258, September 13, 1982, 96 Stat. 889, 31 U.S.C. §703(f)(1). The FY2024 budget request includes an P.L. 97-258, September 13, 1982, 96 Stat. 889, 31 U.S.C. §703(f)(1). The FY2024 budget request includes an
administrative provision to increase the salary to the payable rate for “Executive Schedule level I in effect on December administrative provision to increase the salary to the payable rate for “Executive Schedule level I in effect on December
31, 2022, except that if at any time during fiscal year 2024 the payable rate for Executive Schedule level I is greater 31, 2022, except that if at any time during fiscal year 2024 the payable rate for Executive Schedule level I is greater
than the rate payable for Executive Schedule level I in effect on December 31, 2022, the payable rate of pay of the than the rate payable for Executive Schedule level I in effect on December 31, 2022, the payable rate of pay of the
Comptroller General shall be that greater rate.” (U.S. Office of Management and Budget, Comptroller General shall be that greater rate.” (U.S. Office of Management and Budget, Budget of the U.S.
Government Fiscal Year 2024, Budget Appendix, Legislative Branch, §8001, p. 38, at https://www.whitehouse.gov/wp-, §8001, p. 38, at https://www.whitehouse.gov/wp-
content/uploads/2023/03/leg_fy2024.pdf). content/uploads/2023/03/leg_fy2024.pdf).
2119 This “annuity for life [is] equal to the pay the Comptroller General is receiving on completion of the term or at the This “annuity for life [is] equal to the pay the Comptroller General is receiving on completion of the term or at the
time of retirement,” subject to increases (67 Stat. 229, 31 U.S.C. §772 et seq.). For additional discussion, see U.S. time of retirement,” subject to increases (67 Stat. 229, 31 U.S.C. §772 et seq.). For additional discussion, see U.S.
Congress, Senate Committee on Government Operations, Congress, Senate Committee on Government Operations, Comptroller General, Retirement, S.Rept. 594, 83rd Cong., 1st , S.Rept. 594, 83rd Cong., 1st
sess. (Washington: GPO, 1953), p. 1; U.S. Congress, House Committee on Appropriations, sess. (Washington: GPO, 1953), p. 1; U.S. Congress, House Committee on Appropriations, Legislative Branch
Appropriations, 2008, report to accompany H.R. 2771, 110th Cong., 1st sess., H.Rept. 110-198 (Washington: GPO, , report to accompany H.R. 2771, 110th Cong., 1st sess., H.Rept. 110-198 (Washington: GPO,
2007), p. 31; and, 2007), p. 31; and, Response by Gene L. Dodaro, U.S. Congress, House Committee on Appropriations, Subcommittee , U.S. Congress, House Committee on Appropriations, Subcommittee
on the Legislative Branch, on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, part 2, 110th Cong., 2nd sess., April , hearings, part 2, 110th Cong., 2nd sess., April
10, 2008 (Washington: GPO, 2008), pp. 705-706. 10, 2008 (Washington: GPO, 2008), pp. 705-706.
2220 Pursuant to 31 U.S.C. §703, “The Comptroller General shall designate an officer or employee of the Government Pursuant to 31 U.S.C. §703, “The Comptroller General shall designate an officer or employee of the Government
~~(continued...)~~
~~Congressional Research Service~~

6

~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~on October 21, 1998. The White House announced Dodaro’s nomination to a 15-year term as~~
~~Comptroller General on September 22, 2010. The Senate Committee on Homeland Security and~~
~~Governmental Affairs held a hearing on the nomination on November 18, 2010, and Dodaro was~~
~~confirmed by the Senate by voice vote on December 22, 2010.~~
~~Government Publishing Office~~
~~The Government Publishing Office (GPO; formerly Government Printing Office) was established~~
~~in 1861. The U.S. Code, at 44 U.S.C. §301, states that the President “shall nominate and, by and~~
~~with the advice and consent of the Senate, appoint a suitable person to take charge of and manage~~
~~the Government Publishing Office. The title shall be Director of the Government Publishing~~
~~Office.”~~
Accountability Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant.” Congressional Research Service 6 Legislative Branch Agency Appointments: History, Processes, and Recent Actions The current appointment language was enacted in 2014, The current appointment language was enacted in 2014,2321 although the use of the advice and although the use of the advice and
consent procedure for this position can be traced back much further.consent procedure for this position can be traced back much further.2422 P.L. 117-213 (S. 4791, 117th P.L. 117-213 (S. 4791, 117th
Congress; enacted October 17, 2022), established a term of 10 years for the director of GPO, with Congress; enacted October 17, 2022), established a term of 10 years for the director of GPO, with
the possibility of reappointment by the President, by and with the advice and consent of the the possibility of reappointment by the President, by and with the advice and consent of the
Senate. Senate.
The director’s pay is equivalent to Level II of the Executive Schedule. The director’s pay is equivalent to Level II of the Executive Schedule.2523
Most Recent Appointment
On October 17, 2019, Hugh Halpern was nominated as director of GPO. The nomination was On October 17, 2019, Hugh Halpern was nominated as director of GPO. The nomination was
referred to the Senate Committee on Rules and Administration. The committee held a hearing on referred to the Senate Committee on Rules and Administration. The committee held a hearing on
November 14, 2019, and Halpern was confirmed by voice vote in the Senate on December 4, November 14, 2019, and Halpern was confirmed by voice vote in the Senate on December 4,
2019. 2019.
From November 2017 until the confirmation of Halpern, multiple officials served as acting From November 2017 until the confirmation of Halpern, multiple officials served as acting
director. GPO’s managing director of plant operations, John Crawford, become acting deputy director. GPO’s managing director of plant operations, John Crawford, become acting deputy
director on April 1, 2019. GPO’s former chief administrative officer, Herbert H. Jackson Jr., director on April 1, 2019. GPO’s former chief administrative officer, Herbert H. Jackson Jr.,
served as acting deputy director from July 1, 2018, until his retirement on March 31, 2019. His served as acting deputy director from July 1, 2018, until his retirement on March 31, 2019. His
service followed the retirement of Andrew M. Sherman, formerly GPO’s chief of staff, who had service followed the retirement of Andrew M. Sherman, formerly GPO’s chief of staff, who had
been serving as acting deputy director following the retirement of Acting GPO Director Jim been serving as acting deputy director following the retirement of Acting GPO Director Jim
Bradley on March 6, 2018. Bradley, previously the GPO deputy director, had assumed this role Bradley on March 6, 2018. Bradley, previously the GPO deputy director, had assumed this role
following the departure of the previous director, Davita Vance-Cooks, in November 2017. Vance-following the departure of the previous director, Davita Vance-Cooks, in November 2017. Vance-
Cooks had been nominated by President Obama on May 9, 2013, to be public printer, as the head Cooks had been nominated by President Obama on May 9, 2013, to be public printer, as the head
of the GPO was then known, and confirmed by the Senate by voice vote on August 1, 2013. of the GPO was then known, and confirmed by the Senate by voice vote on August 1, 2013.
During this vacancy period, Robert C. Tapella was twice nominated to be director. Previously, During this vacancy period, Robert C. Tapella was twice nominated to be director. Previously,
Tapella served in this role from October 4, 2007 (confirmed by the Senate by voice vote) until Tapella served in this role from October 4, 2007 (confirmed by the Senate by voice vote) until

~~Accountability Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General~~
~~are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant.”~~
23December 28, 2010. He was subsequently nominated on June 18, 2018. The nomination was referred to the Committee on Rules and Administration. No further action was taken prior to the end of the 115th Congress, and the nomination was returned to the President pursuant to Senate Rule XXXI. President Trump renominated Tapella on January 16, 2019. The nomination was referred to the Committee on Rules and Administration. A message from the President withdrawing the nomination was received in the Senate on June 24, 2019.24 Library of Congress The Library of Congress was established in 1800. The U.S. Code, at 2 U.S.C. §136, states “The Librarian of Congress shall make rules and regulations for the government of the Library.” 21 P.L. 113-235, div. H, December 16, 2014, 128 Stat. 2537, 2538. The 2014 act also deleted references to gender and P.L. 113-235, div. H, December 16, 2014, 128 Stat. 2537, 2538. The 2014 act also deleted references to gender and
bookbinding as well as changing the title of the agency and its director. bookbinding as well as changing the title of the agency and its director.
2422 See, for example: P.L. 90-620, October 22, 1968, 82 Stat. 1239; and previously, nomination of John D. Defrees to be See, for example: P.L. 90-620, October 22, 1968, 82 Stat. 1239; and previously, nomination of John D. Defrees to be
Superintendent of Public Printing, Superintendent of Public Printing, Senate Executive Journal, March 16, 1861, p. 307, and March 20, 1861, p. 319; , March 16, 1861, p. 307, and March 20, 1861, p. 319;
designation as congressional printer in ch. 61,14 Stat. 399, February 22, 1867 and debate in designation as congressional printer in ch. 61,14 Stat. 399, February 22, 1867 and debate in Cong. Globe, 39th Cong., 39th Cong.,
2nd sess., vol. 37, pt. 2, February 18, 1867, pp. 499-500; return to prior process in ch. 246, 19 Stat. 105, July 31, 1876; 2nd sess., vol. 37, pt. 2, February 18, 1867, pp. 499-500; return to prior process in ch. 246, 19 Stat. 105, July 31, 1876;
and ch. 23, 28 Stat. 603, January 12, 1895. and ch. 23, 28 Stat. 603, January 12, 1895.
2523 This rate was established with the FY2004 Legislative Branch Appropriations Act (P.L. 108-83, September 30, 2003, This rate was established with the FY2004 Legislative Branch Appropriations Act (P.L. 108-83, September 30, 2003,
117 Stat. 1033, 44 U.S.C. §303). Pay for the Public Printer previously was equivalent to Level III of the Executive 117 Stat. 1033, 44 U.S.C. §303). Pay for the Public Printer previously was equivalent to Level III of the Executive
Schedule. Schedule.
24 Available at https://trumpwhitehouse.archives.gov/presidential-actions/thirteen-nominations-one-withdrawal-sent-senate/. Congressional Research Service Congressional Research Service

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Legislative Branch Agency Appointments: History, Processes, and Recent Actions

~~December 28, 2010. He was subsequently nominated on June 18, 2018. The nomination was~~
~~referred to the Committee on Rules and Administration. No further action was taken prior to the~~
~~end of the 115th Congress, and the nomination was returned to the President pursuant to Senate~~
~~Rule XXXI. President Trump renominated Tapella on January 16, 2019. The nomination was~~
~~referred to the Committee on Rules and Administration. A message from the President~~
~~withdrawing the nomination was received in the Senate on June 24, 2019.26~~
~~Library of Congress~~
~~The Library of Congress was established in 1800. The U.S. Code, at 2 U.S.C. §136, states: “The~~
~~Librarian of Congress shall make rules and regulations for the government of the Library.”~~
~~Until an act of February 19, 1897,27~~Until an act of February 19, 1897,25 which made the appointment subject to the advice and which made the appointment subject to the advice and
consent of the Senate, the Librarian was appointed solely by the President. consent of the Senate, the Librarian was appointed solely by the President.
The tenure of the Librarian was amended in 2015 (2 U.S.C. §136-1). The Librarian of Congress The tenure of the Librarian was amended in 2015 (2 U.S.C. §136-1). The Librarian of Congress
Succession Modernization Act of 2015, S. 2162, was introduced in the Senate on October 7, Succession Modernization Act of 2015, S. 2162, was introduced in the Senate on October 7,
2015, and agreed to the same day by unanimous consent. It was agreed to in the House without 2015, and agreed to the same day by unanimous consent. It was agreed to in the House without
objection on October 20 and signed by President Obama on November 5, 2015 (P.L. 114-86). The objection on October 20 and signed by President Obama on November 5, 2015 (P.L. 114-86). The
act establishes a term limit of 10 years, with the possibility of reappointment by the President, by act establishes a term limit of 10 years, with the possibility of reappointment by the President, by
and with the advice and consent of the Senate. Previously, there was no set term of office for the and with the advice and consent of the Senate. Previously, there was no set term of office for the
Librarian. Librarian.
The The U.S. Code, at 2 U.S.C. §136a-2, states, at 2 U.S.C. §136a-2, states: “the Librarian of Congress shall be compensated at an “the Librarian of Congress shall be compensated at an
annual rate of pay which is equal to the annual rate of basic pay payable for positions at Level II annual rate of pay which is equal to the annual rate of basic pay payable for positions at Level II
of the Executive Schedule under section 5313 of title 5.”of the Executive Schedule under section 5313 of title 5.”2826
Most Recent Appointment
Carla D. Hayden was nominated to a 10-year term as Librarian of Congress by President Obama Carla D. Hayden was nominated to a 10-year term as Librarian of Congress by President Obama
on February 24, 2016.on February 24, 2016.2927 The Senate Committee on Rules and Administration held a hearing on the The Senate Committee on Rules and Administration held a hearing on the
nomination on April 20, 2016, and ordered the nomination favorably reported on June 9.nomination on April 20, 2016, and ordered the nomination favorably reported on June 9.3028
Hayden was confirmed as the 14th Librarian of Congress on July 13, 2016 (74-18, record vote Hayden was confirmed as the 14th Librarian of Congress on July 13, 2016 (74-18, record vote
number 128). number 128).
Hayden succeeded James H. Billington, who retired effective September 30, 2015. Billington had Hayden succeeded James H. Billington, who retired effective September 30, 2015. Billington had
been confirmed as Librarian of Congress by the Senate on July 24, 1987.been confirmed as Librarian of Congress by the Senate on July 24, 1987.31

~~26 Available at https://trumpwhitehouse.archives.gov/presidential-actions/thirteen-nominations-one-withdrawal-sent-~~
~~senate/.~~
2729 Congressional Research Service The Legislative Reorganization Act of 1970 provides that the Librarian of Congress appoint the director of the Congressional Research Service (CRS) “after consultation with the Joint Committee on the Library.”30 Pursuant to the FY2020 Legislative Branch Appropriations Act, the compensation for the director is set “at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.”31 There is no set term of office.32 25 29 Stat. 544. For a lengthy discussion, see also 29 Stat. 544. For a lengthy discussion, see also Congressional Record, December 19, 1896, pp. 311-319. December 19, 1896, pp. 311-319.
2826 From 1983 until the passage of the FY2000 Legislative Branch Appropriations Act, the Librarian was compensated From 1983 until the passage of the FY2000 Legislative Branch Appropriations Act, the Librarian was compensated
at a rate equivalent to Level III of the Executive Schedule (P.L. 98-63, July 30, 1983, 97 Stat. 336, and P.L. 106-57, at a rate equivalent to Level III of the Executive Schedule (P.L. 98-63, July 30, 1983, 97 Stat. 336, and P.L. 106-57,
September 29, 1999, 113 Stat. 424, 2 U.S.C. §136a-2 and §166). September 29, 1999, 113 Stat. 424, 2 U.S.C. §136a-2 and §166).
2927 See also https://obamawhitehouse.archives.gov/the-press-office/2016/02/24/president-obama-announces-his-intent- See also https://obamawhitehouse.archives.gov/the-press-office/2016/02/24/president-obama-announces-his-intent-
nominate-carla-d-hayden-librarian. nominate-carla-d-hayden-librarian.
3028 U.S. Congress, Senate Committee on Rules and Administration, U.S. Congress, Senate Committee on Rules and Administration, Nomination of Dr. Carla D. Hayden to be Librarian
of Congress, 114th Cong., 2nd sess., April 20, 2016, S.Hrg. 114-285 (Washington: GPO, 2016). Pursuant to the , 114th Cong., 2nd sess., April 20, 2016, S.Hrg. 114-285 (Washington: GPO, 2016). Pursuant to the
Consolidated Appropriations Act, 2016 (P.L. 114-113), Billington was designated Librarian of Congress Emeritus. Consolidated Appropriations Act, 2016 (P.L. 114-113), Billington was designated Librarian of Congress Emeritus.
3129 For additional information on prior Librarians, see http://www.loc.gov/loc/legacy/librs.html. For additional information on prior Librarians, see http://www.loc.gov/loc/legacy/librs.html.
~~Congressional Research Service~~

8

~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~Congressional Research Service~~
~~The Legislative Reorganization Act of 1970 provides that the Librarian of Congress appoint the~~
~~director of the Congressional Research Service (CRS) “after consultation with the Joint~~
~~Committee on the Library.”32 Pursuant to the FY2020 Legislative Branch Appropriations Act, the~~
~~compensation for the director is set “at the greater of the rate of pay in effect for level III of the~~
~~Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay~~
~~payable under section 5376 of such title for positions at agencies with a performance appraisal~~
~~system certified under section 5307(d) of such title.”33 There is no set term of office.34~~30 2 U.S.C. §166. 31 2 U.S.C. §166. Most recently amended by P.L. 116-94, December 20, 2019, 133 Stat. 3208. See also 5 U.S.C. §5307 (P.L. 114-113, December 18, 2015, 129 Stat. 2674). 32 2 U.S.C. §166. Congressional Research Service 8 Legislative Branch Agency Appointments: History, Processes, and Recent Actions
Most Recent Appointment
Robert R. Newlen, interim director of CRS, began his service on July 3, 2023. Robert R. Newlen, interim director of CRS, began his service on July 3, 2023.
Previously, Mary B. Mazanec was appointed director by former Librarian James H. Billington on Previously, Mary B. Mazanec was appointed director by former Librarian James H. Billington on
December 5, 2011. December 5, 2011.
U.S. Capitol Police
2 U.S.C. §1901 states2 U.S.C. §1901 states: “There shall be a captain of the Capitol police and such other members “There shall be a captain of the Capitol police and such other members
with such rates of compensation, respectively, as may be appropriated for by Congress from year with such rates of compensation, respectively, as may be appropriated for by Congress from year
to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol
Police Board and shall serve at the pleasure of the Board.” The last sentence was inserted in Police Board and shall serve at the pleasure of the Board.” The last sentence was inserted in
1979,1979,3533 struck by the FY2003 Consolidated Appropriations Resolution, struck by the FY2003 Consolidated Appropriations Resolution,3634 and restored in 2010 by and restored in 2010 by
the U.S. Capitol Police Administrative Technical Corrections Act.the U.S. Capitol Police Administrative Technical Corrections Act.3735
Pay for the chief has been adjusted multiple times: (1) pursuant to a 1979 law, pay for the chief Pay for the chief has been adjusted multiple times: (1) pursuant to a 1979 law, pay for the chief
was equal to Level IV of the Executive Schedule; (2) pursuant to a 2000 law, pay was linked to was equal to Level IV of the Executive Schedule; (2) pursuant to a 2000 law, pay was linked to
the Senior Executive Service; and (3) pursuant to a 2002 law, pay was equal to $2,500 less than the Senior Executive Service; and (3) pursuant to a 2002 law, pay was equal to $2,500 less than
House or Senate officers.House or Senate officers.3836 From 2003 until statutorily amended in 2019, the compensation for From 2003 until statutorily amended in 2019, the compensation for
the chief of the Capitol Police was “equal to $1,000 less than the lower of the annual rate of pay the chief of the Capitol Police was “equal to $1,000 less than the lower of the annual rate of pay
in effect for the Sergeant-at-Arms of the House of Representatives or the annual rate of pay in in effect for the Sergeant-at-Arms of the House of Representatives or the annual rate of pay in
effect for the Sergeant-at-Arms and Doorkeeper of the Senate.”effect for the Sergeant-at-Arms and Doorkeeper of the Senate.”39

~~32 2 U.S.C. §166.~~
~~33 2 U.S.C. §166. Most recently amended by P.L. 116-94, December 20, 2019, 133 Stat. 3208. See also 5 U.S.C. §5307~~
~~(P.L. 114-113, December 18, 2015, 129 Stat. 2674).~~
~~34 2 U.S.C. §166.~~
~~35 P.L. 96-152, December 20, 1979, 93 Stat. 1099.~~
~~36 P.L. 108-7, February 20, 2003, 117 Stat. 368.~~
~~37 P.L. 111-145, March 4, 2010, 124 Stat. 54, 55.~~
3837 Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the chief of the Capitol Police was “$1,000 less than the maximum rate of pay in effect under section 4575(f) of Title II” of the U.S. Code (e.g., maximum rate of compensation of Senate employees).38 A provision included in the House-reported FY2021 legislative branch appropriations bill, H.R. 7611, would have set pay for the chief at Level II of the Executive Schedule. This provision was not included in the FY2021 Senate Appropriations Committee majority draft bill or the FY2021 Consolidated Appropriations (P.L. 116-260).39 A similar provision setting pay at Level II of the Executive Schedule was included in the House-passed FY2022 legislative branch appropriations bill, H.R. 4346, but not the Senate Appropriations Committee chairman’s draft bill. This provision was included in the FY2022 Consolidated Appropriations Act (P.L. 117-103).40 33 P.L. 96-152, December 20, 1979, 93 Stat. 1099. 34 P.L. 108-7, February 20, 2003, 117 Stat. 368. 35 P.L. 111-145, March 4, 2010, 124 Stat. 54, 55. 36 P.L. 107-117 (January 10, 2002, 115 Stat. 2319) established the chief’s salary at a level “not to exceed $2,500 less P.L. 107-117 (January 10, 2002, 115 Stat. 2319) established the chief’s salary at a level “not to exceed $2,500 less
than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the
Sergeant at Arms and Doorkeeper of the Senate.” The FY2001 Consolidated Appropriations Act linked pay for the Sergeant at Arms and Doorkeeper of the Senate.” The FY2001 Consolidated Appropriations Act linked pay for the
chief to the former level ES–4 of the Senior Executive Service (P.L. 106-554, December 21, 2000, 114 Stat. 2763, chief to the former level ES–4 of the Senior Executive Service (P.L. 106-554, December 21, 2000, 114 Stat. 2763,
2763A-107). The chief had previously been paid at a rate equal to the annual rate determined by the Capitol Police 2763A-107). The chief had previously been paid at a rate equal to the annual rate determined by the Capitol Police
Board but not to exceed the basic pay payable for Level IV of the Executive Schedule (P.L. 96-152, December 20, Board but not to exceed the basic pay payable for Level IV of the Executive Schedule (P.L. 96-152, December 20,
1979, 93 Stat. 1099). 2 U.S.C. §1902 and §1903 notes. 1979, 93 Stat. 1099). 2 U.S.C. §1902 and §1903 notes.
3937 P.L. 108-7, February 20, 2003, 117 Stat. 368. P.L. 108-7, February 20, 2003, 117 Stat. 368.
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~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the chief of the~~
~~Capitol Police was “$1,000 less than the maximum rate of pay in effect under section 4575(f) of~~
~~Title II” of the U.S. Code (e.g., maximum rate of compensation of Senate employees).40~~
~~A provision included in the House-reported FY2021 legislative branch appropriations bill, H.R.~~
~~7611, would have set pay for the chief at Level II of the Executive Schedule. This provision was~~
~~not included in the FY2021 Senate Appropriations Committee majority draft bill or the FY2021~~
~~Consolidated Appropriations (P.L. 116-260).41 A similar provision setting pay at Level II of the~~
~~Executive Schedule was included in the House-passed FY2022 legislative branch appropriations~~
~~bill, H.R. 4346, but not the Senate Appropriations Committee chairman’s draft bill. This provision~~
~~was included in the FY2022 Consolidated Appropriations Act (P.L. 117-103).42~~38 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1902. 39 For additional information on FY2021 actions, see CRS Report R46469, Legislative Branch: FY2021 Appropriations, by Ida A. Brudnick. 40 P.L. 117-103, March 15, 2022, 136 Stat. 526, 2 U.S.C. §1902. Congressional Research Service 9 Legislative Branch Agency Appointments: History, Processes, and Recent Actions
Most Recent Appointment
The Capitol Police Board announced the appointment of J. Thomas Manger as chief of the U.S. The Capitol Police Board announced the appointment of J. Thomas Manger as chief of the U.S.
Capitol Police, effective July 23, 2021.Capitol Police, effective July 23, 2021.4341
Previously, Yogananda D. Pittman served as the acting chief of police/assistant chief of police for Previously, Yogananda D. Pittman served as the acting chief of police/assistant chief of police for
protective and intelligence operations following the January 8, 2021, resignation of Chief Steven protective and intelligence operations following the January 8, 2021, resignation of Chief Steven
A. Sund, who had served as chief since June 13, 2019.A. Sund, who had served as chief since June 13, 2019.4442 Chief Sund followed Matthew R. Chief Sund followed Matthew R.
Verderosa, who had served as chief since March 20, 2016.Verderosa, who had served as chief since March 20, 2016.4543
Congressional Budget Office
The director of the Congressional Budget Office (CBO) has been appointed wholly by Congress The director of the Congressional Budget Office (CBO) has been appointed wholly by Congress
since the creation of the post with the passage of the Congressional Budget Act in 1974. The act since the creation of the post with the passage of the Congressional Budget Act in 1974. The act
stipulates that the director is appointed for a four-year term “by the Speaker of the House of stipulates that the director is appointed for a four-year term “by the Speaker of the House of
Representatives and the President pro tempore of the Senate after considering recommendations 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, without regard to received from the Committees on the Budget of the House and the Senate, without regard to
political affiliation and solely on the basis of his fitness to perform his duties.”political affiliation and solely on the basis of his fitness to perform his duties.”4644 The director may The director may
be reappointed, and either chamber can remove the director by simple resolution.be reappointed, and either chamber can remove the director by simple resolution.4745 Additionally, a Additionally, a
director appointed “to fill a vacancy prior to the expiration of a term shall serve only for the director appointed “to fill a vacancy prior to the expiration of a term shall serve only for the

~~40 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1902.~~
~~41 For additional information on FY2021 actions, see CRS Report R46469,~~ ~~Legislative Branch: FY2021~~
~~Appropriations, by Ida A. Brudnick.~~
~~42 P.L. 117-103, March 15, 2022, 136 Stat. 526, 2 U.S.C. §1902.~~
43unexpired portion of that term” and an “individual serving as Director at the expiration of a term may continue to serve until his successor is appointed.”46 From the establishment of CBO until the enactment of the FY2000 Consolidated Appropriations Act (P.L. 106-113), the director was paid at a rate equivalent to Level III of the Executive Schedule. Subsequently, the CBO director was paid at an annual rate equivalent to the lower of the highest annual rate of compensation of any officer of the House or any officer of the Senate. Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the CBO director was set “at an annual rate of pay that is equal to the maximum rate of pay in effect under section 4575(f) of Title II” of the U.S. Code (e.g., maximum rate of compensation of Senate employees).47 The FY2022 Legislative Branch Appropriations Act, in turn, amended 2 U.S.C. 41 U.S. Capitol Police, “Capitol Police Board Announces Selection of USCP Chief of Police,” press release, July 22, U.S. Capitol Police, “Capitol Police Board Announces Selection of USCP Chief of Police,” press release, July 22,
2021, available at https://www.uscp.gov/media-center/press-releases/capitol-police-board-announces-selection-uscp-2021, available at https://www.uscp.gov/media-center/press-releases/capitol-police-board-announces-selection-uscp-
chief-police. The Police Executive Research Forum “assist[ed] the Capitol Police Board with the selection process” chief-police. The Police Executive Research Forum “assist[ed] the Capitol Police Board with the selection process”
(see Police Executive Research Forum, “Chief of Police: United States Capitol Police,” at (see Police Executive Research Forum, “Chief of Police: United States Capitol Police,” at
https://www.policeforum.org/index.php?option=com_content&view=article&id=952:chief-of-police—united-states- https://www.policeforum.org/index.php?option=com_content&view=article&id=952:chief-of-police—united-states-
capitol-police&catid=20:site-content). capitol-police&catid=20:site-content).
4442 U.S. Capitol Police, “Capitol Police Board Selects Steven Sund as Chief of United States Capitol Police,” press U.S. Capitol Police, “Capitol Police Board Selects Steven Sund as Chief of United States Capitol Police,” press
release, June 14, 2019, available at https://www.uscp.gov/media-center/press-releases/capitol-police-board-selects-release, June 14, 2019, available at https://www.uscp.gov/media-center/press-releases/capitol-police-board-selects-
steven-sund-chief-united-states-police. steven-sund-chief-united-states-police.
4543 U.S. Capitol Police, “The Capitol Police Board Announces the Appointment of Assistant Chief of Police Matthew R. U.S. Capitol Police, “The Capitol Police Board Announces the Appointment of Assistant Chief of Police Matthew R.
Verderosa as New Chief of the United States Capitol Police,” February 24, 2016, available at https://www.uscp.gov/Verderosa as New Chief of the United States Capitol Police,” February 24, 2016, available at https://www.uscp.gov/
media-center/press-releases/capitol-police-board-announces-appointment-assistant-chief-police. media-center/press-releases/capitol-police-board-announces-appointment-assistant-chief-police.
4644 2 U.S.C. §601(a). 2 U.S.C. §601(a).
4745 2 U.S.C. §601(a)(4). 2 U.S.C. §601(a)(4).
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~~Legislative Branch Agency Appointments: History, Processes, and Recent Actions~~

~~unexpired portion of that term” and an “individual serving as Director at the expiration of a term~~
~~may continue to serve until his successor is appointed.”48~~
~~From the establishment of CBO until the enactment of the FY2000 Consolidated Appropriations~~
~~Act (P.L. 106-113), the director was paid at a rate equivalent to Level III~~46 2 U.S.C. §601(a)(3). 47 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §601(a)(5). A provision included in the House-reported FY2021 legislative branch appropriations bill, H.R. 7611, would have set pay for the CBO Director at Level II of the Executive of the Executive
~~Schedule. Subsequently, the CBO director was paid at an annual rate equivalent to the lower of~~
~~the highest annual rate of compensation of any officer of the House or any officer of the Senate.~~
~~Pursuant to the FY2020 Legislative Branch Appropriations Act, the pay for the CBO director was~~
~~set “at an annual rate of pay that is equal to the maximum rate of pay in effect under section~~
~~4575(f) of Title II” of the U.S. Code (e.g., maximum rate of compensation of Senate~~
~~employees).49 The FY2022 Legislative Branch Appropriations Act, in turn, amended 2 U.S.C.~~
Schedule. This provision was not included in the FY2021 Senate Appropriations Committee majority draft bill or the FY2021 Consolidated Appropriations (P.L. 116-260). This language was not included in FY2022 legislation. Congressional Research Service 10 Legislative Branch Agency Appointments: History, Processes, and Recent Actions §4575(f) to establish a maximum annual amount equivalent to “the annual rate of basic pay in §4575(f) to establish a maximum annual amount equivalent to “the annual rate of basic pay in
effect for level II of the Executive Schedule under section 5313 of title 5.”effect for level II of the Executive Schedule under section 5313 of title 5.”5048
Most Recent Appointment
Phillip Swagel, the current director of CBO, began his service on June 3, 2019. He Phillip Swagel, the current director of CBO, began his service on June 3, 2019. He was appointed to a second term in office on July 27, 2023.49 He follows Keith follows Keith
Hall, who began his service on April 1, 2015.Hall, who began his service on April 1, 2015.5150
Office of Congressional Workplace Rights
The Office of Congressional Workplace Rights (OCWR; formerly the Office of Compliance) was The Office of Congressional Workplace Rights (OCWR; formerly the Office of Compliance) was
renamed by the Congressional Accountability Act of 1995 Reform Act.renamed by the Congressional Accountability Act of 1995 Reform Act.5251
2 U.S.C. §1382 states that the chair of the board of directors of the Office of Congressional 2 U.S.C. §1382 states that the chair of the board of directors of the Office of Congressional
Workplace Rights, “subject to the approval of the Board, shall appoint and may remove an Workplace Rights, “subject to the approval of the Board, shall appoint and may remove an
Executive Director. Selection and appointment of the Executive Director shall be without regard Executive Director. Selection and appointment of the Executive Director shall be without regard
to political affiliation and solely on the basis of fitness to perform the duties of the Office.”to political affiliation and solely on the basis of fitness to perform the duties of the Office.”5352 The The
executive director must be “an individual with training or expertise in the application of laws executive director must be “an individual with training or expertise in the application of laws
referred to in section 1302(a)” of Title II of the referred to in section 1302(a)” of Title II of the U.S. Code..5453
The chair of the board may set the compensation of the executive director. Pursuant to the The chair of the board may set the compensation of the executive director. Pursuant to the
FY2020 Legislative Branch Appropriations Act, the pay for the executive director “may not FY2020 Legislative Branch Appropriations Act, the pay for the executive director “may not
exceed the maximum rate of pay in effect under section 4575(f) of Title II” of the exceed the maximum rate of pay in effect under section 4575(f) of Title II” of the U.S. Code (i.e., (i.e.,
maximum rate of compensation of Senate employees).maximum rate of compensation of Senate employees).5554 The FY2022 Legislative Branch The FY2022 Legislative Branch
Appropriations Act, in turn, amended 2 U.S.C. §4575(f) to establish a maximum annual amount Appropriations Act, in turn, amended 2 U.S.C. §4575(f) to establish a maximum annual amount

~~48 2 U.S.C. §601(a)(3).~~
~~49 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §601(a)(5). A provision included in the House-reported~~
~~FY2021 legislative branch appropriations bill, H.R. 7611, would have set pay for the CBO Director at Level~~equivalent to “the annual rate of basic pay in effect for level II of the II of the
~~Executive Schedule. This provision was not included in the FY2021 Senate Appropriations Committee majority draft~~
~~bill or the FY2021 Consolidated Appropriations (P.L. 116-260). This language was not included in FY2022 legislation.~~
50Executive Schedule under section 5313 of title 5.”55 48 P.L. 117-103, March 15, 2022, 136 Stat. 527. P.L. 117-103, March 15, 2022, 136 Stat. 527.
5149 See Phill Swagel, “Director’s Statement on Reappointment,” Congressional Budget Office, July 27, 2023, https://www.cbo.gov/publication/59424. 50 For additional information, see CRS Report RL31880, For additional information, see CRS Report RL31880, Congressional Budget Office: Appointment and Tenure of the
Director and Deputy Director, by Megan S. Lynch; http://www.cbo.gov/about/overview. , by Megan S. Lynch; http://www.cbo.gov/about/overview.
5251 P.L. 115-397, December 21, 2018. P.L. 115-397, December 21, 2018.
5352 P.L. 104-1, January 23, 1995, 109 Stat. 26. P.L. 104-1, January 23, 1995, 109 Stat. 26.
5453 P.L. 104-1, January 23, 1995, 109 Stat. 26. P.L. 104-1, January 23, 1995, 109 Stat. 26.
5554 P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1382(a)(2)(B). A provision included in the House- P.L. 116-94, December 20, 2019, 133 Stat. 2775, 2 U.S.C. §1382(a)(2)(B). A provision included in the House-
reported FY2021 legislative branch appropriations bill, H.R. 7611, would have set pay for the OCWR executive reported FY2021 legislative branch appropriations bill, H.R. 7611, would have set pay for the OCWR executive
director at Level II of the Executive Schedule. This provision was not included in the FY2021 Senate Appropriations director at Level II of the Executive Schedule. This provision was not included in the FY2021 Senate Appropriations
Committee majority draft bill or the FY2021 Consolidated Appropriations (P.L. 116-260). Committee majority draft bill or the FY2021 Consolidated Appropriations (P.L. 116-260).
55 P.L. 117-103, March 15, 2022, 136 Stat. 527. Congressional Research Service Congressional Research Service

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Legislative Branch Agency Appointments: History, Processes, and Recent Actions

~~equivalent to “the annual rate of basic pay in effect for level II of the Executive Schedule under~~
~~section 5313 of title 5.”56~~
Previously Previously
• Pursuant to the FY2008 Consolidated Appropriations Act, the chair of the board • Pursuant to the FY2008 Consolidated Appropriations Act, the chair of the board
could fix the annual rate of pay for the executive director at a rate not to exceed could fix the annual rate of pay for the executive director at a rate not to exceed
the lesser of House or Senate officers.the lesser of House or Senate officers.5756
• Pursuant to the Congressional Accountability Act of 1995, which established the • Pursuant to the Congressional Accountability Act of 1995, which established the
office, the maximum pay for the executive director had been Level V of the office, the maximum pay for the executive director had been Level V of the
Executive Schedule.Executive Schedule.5857
Separate legislation, P.L. 110-164, amended the Congressional Accountability Act and altered Separate legislation, P.L. 110-164, amended the Congressional Accountability Act and altered
eligibility and tenure restrictions for the executive director by allowing current or former eligibility and tenure restrictions for the executive director by allowing current or former
employees of the Office to serve in this capacity. The legislation also permits the executive employees of the Office to serve in this capacity. The legislation also permits the executive
director, deputy executive directors,director, deputy executive directors,5958 and general counsel, and general counsel,6059 who formerly were limited to one who formerly were limited to one
five-year term in their positions, to serve up to two terms.five-year term in their positions, to serve up to two terms.6160
Most Recent Appointment
On On ~~November 9, 2022~~January 14, 2024, the OCWR , the OCWR ~~Board of Directors~~board of directors announced the appointment of announced the appointment of ~~Patrick N.~~
~~Findlay~~Martin J. Crane as the OCWR as the OCWR’s executive director. executive director.62
~~Previously~~61 Previously, on November 9, 2022, Patrick N. Findlay was announced as the OCWR executive director.62 Prior to that, Teresa M. James served as acting executive director and deputy executive director for , Teresa M. James served as acting executive director and deputy executive director for
the House of Representatives. Her service followed that of Susan Tsui Grundmann, who was the House of Representatives. Her service followed that of Susan Tsui Grundmann, who was
appointed to a five-year term as executive director commencing January 2017.63appointed to a five-year term as executive director commencing January 2017.63 ~~She succeeded~~
~~Barbara J. Sapin, who was appointed in 2013.~~

~~56 P.L. 117-103, March 15, 2022, 136 Stat. 527.~~
57 56 P.L. 110-161, December 26, 2007, 121 Stat. 2237. P.L. 110-161, December 26, 2007, 121 Stat. 2237.
5857 P.L. 104-1, January 23, 1995, 109 Stat. 26. P.L. 104-1, January 23, 1995, 109 Stat. 26.
5958 The chair of the board of directors, subject to the approval of the board, appoints a deputy executive director for the The chair of the board of directors, subject to the approval of the board, appoints a deputy executive director for the
Senate and a deputy executive director for the House of Representatives. The chair may fix the compensation for the Senate and a deputy executive director for the House of Representatives. The chair may fix the compensation for the
deputy executive directors at a rate not to exceed 96% of the lesser of the highest annual rate of House or Senate deputy executive directors at a rate not to exceed 96% of the lesser of the highest annual rate of House or Senate
officers (2 U.S.C. §1382). officers (2 U.S.C. §1382).
6059 The chair of the board of directors, subject to the approval of the board, also appoints a general counsel. The chair The chair of the board of directors, subject to the approval of the board, also appoints a general counsel. The chair
may fix the general counsel’s compensation at a rate not to exceed the lesser of the highest annual rate of House or may fix the general counsel’s compensation at a rate not to exceed the lesser of the highest annual rate of House or
Senate officers (2 U.S.C. §1382). Senate officers (2 U.S.C. §1382).
6160 P.L. 110-164, December 26, 2007, 121 Stat. 2459. Other laws addressed the permissible number of terms of P.L. 110-164, December 26, 2007, 121 Stat. 2459. Other laws addressed the permissible number of terms of
members of the board of directors (P.L. 108-349, P.L. 111-114, P.L. 114-6, and P.L. 115-19). members of the board of directors (P.L. 108-349, P.L. 111-114, P.L. 114-6, and P.L. 115-19).
~~62 See~~ 61 See Office of Congressional Workplace Rights, “OCWR Announces the Appointment of Martin J. Crane as Executive Director,” press release, January 14, 2024, https://www.ocwr.gov/news/news-announcements/ocwr-announces-the-appointment-of-martin-j-crane-as-executive-director/. 62 See Office of Congressional Workplace Rights, “OCWR Appoints New Executive Director,” November 9, 2022, https://www.ocwr.gov/news/press-releases/press-releases-ocwr-appoints-new-executive-director/. https://www.ocwr.gov/news/press-releases/press-releases-ocwr-appoints-new-executive-director/.
63 On August 4, 2021, President Biden announced his intention to nominate Susan Tsui Grundmann for member of the 63 On August 4, 2021, President Biden announced his intention to nominate Susan Tsui Grundmann for member of the
Federal Labor Relations Authority (see White House, “President Biden Announces 11 Key Nominations,” press Federal Labor Relations Authority (see White House, “President Biden Announces 11 Key Nominations,” press
release, August 4, 2021, at https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/04/president-biden-release, August 4, 2021, at https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/04/president-biden-
announces-11-key-nominations-2/). The nomination was returned to the President at the end of the 1st session of the announces-11-key-nominations-2/). The nomination was returned to the President at the end of the 1st session of the
117th Congress, pursuant to the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 117th Congress, pursuant to the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
President Biden renominated Ms. Grundmann on January 4, 2022, and she was confirmed on May 12, 2022. President Biden renominated Ms. Grundmann on January 4, 2022, and she was confirmed on May 12, 2022.
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Congressional Office for International Leadership
The office, formerly known as the Open World Leadership Center,64 is led by an executive The office, formerly known as the Open World Leadership Center,64 is led by an executive
director who is appointed by the Librarian of Congress on behalf of the Board of Trustees. The director who is appointed by the Librarian of Congress on behalf of the Board of Trustees. The

~~64 The FY2022 Consolidated Appropriations Act changed the name from the Open World Leadership Center to the~~
~~Congressional Office for International Leadership (P.L. 117-103, 136 Stat., 522, March 15, 2022).~~
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executive director is “compensated at the annual rate specified by the Board, but in no event shall executive director is “compensated at the annual rate specified by the Board, but in no event shall
such rate exceed level III of the Executive Schedule under section 5314 of title 5.”65 such rate exceed level III of the Executive Schedule under section 5314 of title 5.”65
Most Recent Appointment
Librarian of Congress Carla Hayden, at the recommendation of the Board of Trustees, announced Librarian of Congress Carla Hayden, at the recommendation of the Board of Trustees, announced
the appointment of Jane Sargus as executive director, effective January 8, 2018.66 the appointment of Jane Sargus as executive director, effective January 8, 2018.66

Author Information

Ida A. Brudnick Ida A. Brudnick

Specialist on the Congress Specialist on the Congress

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64 The FY2022 Consolidated Appropriations Act changed the name from the Open World Leadership Center to the Congressional Office for International Leadership (P.L. 117-103, 136 Stat., 522, March 15, 2022). 65 2 U.S.C. §1151. 65 2 U.S.C. §1151.
66 See https://www.openworld.gov/press-releases/jane-sargus-appointed-executive-director-open-world-leadership-66 See https://www.openworld.gov/press-releases/jane-sargus-appointed-executive-director-open-world-leadership-
center. center.
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