H. Rept. 111-372 - 111th Congress (2009-2010)
December 10, 2009, As Reported by the House Administration Committee

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House Report 111-372 - ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2009




[House Report 111-372]
[From the U.S. Government Printing Office]


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 his nomination by President Clinton, and served for a 
single ten-year 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.

                            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).

               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

  [Sec. 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.
  [(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--
          [(A) the Speaker of the House of Representatives,
          [(B) the President pro tempore of the Senate,
          [(C) the majority and minority leaders of the House 
        of Representatives and the Senate, and
          [(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.
  [(3) An individual appointed Architect of the Capitol under 
paragraph (1) shall be eligible for reappointment to such 
office.
  [(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).]