Architect of the Capitol: Appointment Process and Current Legislation

Ida A. Brudnick
Analyst on the Congress

The Architect of the Capitol (AOC) is responsible for "the maintenance, operation, development, and preservation of 16.5 million square feet of buildings and more than 450 acres of land throughout" the United States Capitol Complex. 

The Architect is appointed by the President with the advice and consent of the Senate. The Legislative Branch Appropriations Act, 1990, established a 10-year term for the Architect as well as a bicameral, bipartisan congressional commission to recommend candidates to the President. As amended, this law provides for a commission consisting of 14 Members of Congress, including the Speaker of the House, the President pro tempore of the Senate, the House and Senate majority and minority leaders, and the chair and ranking minority members of the Committee on House Administration, the Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriations. 

Alan M. Hantman was the first Architect appointed under the 1989 act. He declined to seek reappointment and served from January 30, 1997, to February 4, 2007. Stephen T. Ayers, who has served as Acting Architect of the Capitol since Mr. Hantman's retirement, was nominated by the President on February 24, 2010, for a 10-year term. The nomination was referred to the Senate Committee on Rules and Administration. The committee held a hearing on April 15, 2010, during which the chair and ranking member praised Mr. Ayers for his work as acting Architect and congratulated him on the nomination. 

During recent Congresses, multiple bills have been introduced that would alter the AOC appointment process and require the appointment to be made by the leadership of Congress rather than the President. One of these bills, H.R. 2843, the Architect of the Capitol Appointment Act of 2010, passed the House on February 3, 2010. 

Bills removing the President from the process of appointing the Architect have been discussed for at least 50 years. Some of the Architect's current duties, however, may potentially raise a question as to whether the Architect is an "Officer of the United States" such that his appointment must comply with the requirements of the Appointments Clause of the Constitution. 

For additional information on the AOC, please see CRS Report RL31121, The Capitol Visitor Center: An Overview, by Stephen W. Stathis; and CRS Report RL34694, Administering Green Programs in Congress: Issues and Options, by Jacob R. Straus.

Date of Report: April 23, 2010
Number of Pages: 18
Order Number: R41074
Price: $29.95

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