89–006 

111TH CONGRESS REPT. 111–372 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2009 

DECEMBER 10, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

[To accompany H.R. 2843] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 2843) to provide for the joint appointment of the Architect of the Capitol by 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 Senate, and 

the chairs and ranking minority members of the committees of 

Congress with jurisdiction over the Office of the Architect of the 

Capitol, and for other purposes, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE LEGISLATION

The current law governing appointment of the Architect of the 

Capitol was enacted in the Legislative Branch Appropriations Act, 

FY 1990. Whenever there is a vacancy in the office of Architect of 

the Capitol (AOC), a bicameral commission composed of the Speaker of the House, the President Pro Tempore of the Senate, the Majority and Minority leaders of both houses, and the chairs and 

ranking minority members of the Committee on House Administration, the Senate Committee on Rules and Administration, and the 

House and Senate Appropriations Committees recommends to the 

President a list of at least three candidates for the post. The President then nominates an individual, who is subject to Senate confirmation, for a 10-year term. 

The bicameral commission has fully exercised its authority only 

once, following the retirement of Architect George White. On January 30, 1997, Alan Hantman was confirmed by the Senate following 


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his nomination by President Clinton, and served for a single tenyear term. Hantman retired on February 4, 2007. Since that time, 

the bicameral commission and the president have not been able to 

advance the process to the stage where a new nomination could be 

sent to the Senate. 

H.R. 2843 would move the selection process entirely to the legislative branch. The legislation gives authority to select the AOC to 

the following, acting jointly: the Speaker of the House, the President Pro Tempore of the Senate, the majority and minority leaders 

of the House of Representatives and Senate, the chairs and ranking 

minority members of the Committee on House Administration of 

the House of Representatives and the Committee on Rules and Administration of the Senate, and the chairs and ranking minority 

members of the Committees on Appropriations of the House and 

Senate. 

Under the current system, the office of Architect has been vacant 

for nearly three years. The long delay in filling the position has 

been exacerbated by the complexities and uncertainties of the current law, and the involvement of the executive branch. The Committee believes that enactment of H.R. 2843 will streamline the selection process. 

COMMITTEE CONSIDERATION

H.R. 2843 was introduced on June 12, 2009, by Rep. Debbie 

Wasserman Schultz with the co-sponsorship of Chairman Brady, 

Ranking Minority Member Lungren, and Representatives Aderholt, 

Ehlers, Latham and Wamp. On November 4, 2009, by voice vote, 

with a quorum present, the Committee ordered H.R. 2843 reported 

favorably to the House, without amendment. 

SECTION BY SECTION SUMMARY OF H.R. 2843 

Section 1. Short title: ‘‘Architect of the Capitol Appointment Act 

of 2009’’. 

Section 2. Appointment and Term of Service of Architect of the 

Capitol. 

(a) Appointment—enumerates the representatives and senators 

who select the Architect; 

(b) Term of Service— provides that the appointment of the Architect is for a term of 10 years, and may be renewed; 

(c) Conforming Amendment—repeals the current selection process for the Architect of the Capitol; 

(d) Effective Date—provides that the provisions of the bill apply 

to any appointment of the Architect after the date of enactment. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE 

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of House rule XIII requires each committee report 

on a public bill or joint resolution to include a statement citing the 

specific constitutional power(s) granted to the Congress on which 

the Committee relies for enactment of the measure under consideration. The Committee cites the legislative power granted to Congress in Article I, Section 8, Clause 18. 


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COMMITTEE VOTES

Clause 3(b) of House rule XIII requires the results of each recorded vote on an amendment or motion to report, together with 

the names of those voting for and against, to be printed in the committee report. No recorded votes were taken during the Committee’s consideration of H.R. 2843. 

FEDERAL MANDATES

Section 423 of the CBA requires a committee report on any public bill or joint resolution that includes a federal mandate to include 

specific information about such mandates. The Committee states 

that H.R. 2843 includes no federal mandates. 

PREEMPTION CLARIFICATION

Section 423 of the CBA requires a committee report on any public bill or joint resolution to include a committee statement on the 

extent to which the measure is intended to preempt state or local 

law. The Committee states that H.R. 2843 is not intended to preempt any state or local law. 

OVERSIGHT FINDINGS

Clause 3(c)(1) of rule XIII requires each committee report to contain oversight findings and recommendations required pursuant to 

clause 2(b)(1) of House rule X. The Committee has general oversight responsibility over the Architect of the Capitol. The Committee finds that appointment of the Architect by the legislative 

branch will increase the accountability of the Architect to Congress 

and enhance congressional oversight activities. 

GENERAL PERFORMANCE GOALS AND OBJECTIVES

Clause 3(c)(4) of House rule XIII requires committee reports to 

include a statement of general performance goals and objectives. 

The Committee believes that enactment of H.R. 2843 will streamline the selection process of the Architect of the Capitol, enhance 

the performance of the Architect by requiring greater accountability, and ensure greater coordination between that official and 

the Congress. 

CONGRESSIONAL EARMARKS

In response to the requirements of clause 9 of rule XXI, the Committee reports that H.R. 2843 does not include any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of rule XXI. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the bill does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102 (b)(3) of the Congressional Accountability Act (P.L. 104–1). 


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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Clause 3(c)(3) of House rule XIII requires the report of a committee on a measure which has been approved by the committee to 

include a cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the CBA, if timely 

submitted. The Director submitted the following estimate: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 9, 2009. 

Hon. ROBERT A. BRADY, 

Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2843, the Architect of the 

Capitol Appointment Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

H.R. 2843—Architect of the Capitol Appointment Act of 2009 

H.R. 2843 would amend federal law to require that the Architect 

of the Capitol be appointed jointly by 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 chair and ranking minority members of the Committee on House Administration, the Senate Committee on Rules 

and Administration, and the Committees on Appropriations. Currently, the Architect of the Capitol is appointed by the President. 

CBO estimates that enacting H.R. 2843 would not have a significant impact on the federal budget. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets): 

SECTION 319 OF THE LEGISLATIVE BRANCH 

APPROPRIATIONS ACT, 1990 

øSEC. 319. (a)(1) The Architect of the Capitol shall be appointed 

by the President by and with the advice and consent of the Senate 

for a term of 10 years. 


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ø(2) There is established a commission to recommend individuals 

to the President for appointment to the office of Architect of the 

Capitol. The commission shall be composed of— 

ø(A) the Speaker of the House of Representatives, 

ø(B) the President pro tempore of the Senate, 

ø(C) the majority and minority leaders of the House of Representatives and the Senate, and 

ø(D) the chairmen and the ranking minority members of the 

Committee on House Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate. 

The commission shall recommend at least three individuals for appointment to such office. 

ø(3) An individual appointed Architect of the Capitol under paragraph (1) shall be eligible for reappointment to such office. 

ø(b) Subsection (a) shall be effective in the case of appointments 

made to fill vacancies in the office of Architect of the Capitol which 

occur on or after the date of the enactment of this Act. If no such 

vacancy occurs within the six-year period which begins on the date 

of the enactment of this Act, no individual may, after the expiration of such period, hold such office unless the individual is appointed in accordance with subsection (a).¿ 

Æ 


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