Written by Taylor J. Swift
There are over 30 support offices and agencies within the Legislative branch, including the Government Accountability Office, the Architect of the Capitol, the Library of Congress, the United States Capitol Police, and more. How are agency heads chosen and how are they removed?
The answer is not always clear. At times, the legislation or resolutions establishing an office do not specify how an officeholder may be removed. There are often informal practices for how appointments and removal work.
The Legislative branch itself does not have a standard approach. Some variation may be attributed to the roles of the offices, which may perform legislative, administrative, financial, and ceremonial functions. Other variations may arise from when an office was established, where it exists in the legislative branch, and whom it is intended to support.
Understanding how senior officials are chosen provides insight into whether and how they may be held accountable, to whom they are responsive, and whether their structure implicates the balance of equities between the Executive and Legislative branches.
We compiled a spreadsheet that contains details on the processes for selecting Legislative branch agency heads. It includes information on who selects office heads, the length of agency head tenures (if terms are set), reappointment or removal provisions (if any), and chamber roles in the appointment process.
We do not claim this is a definitive list of how appointments and removal works because we could not find an authoritative source that definitively answers the questions for all officers and senior officials.
To accompany the information from the spreadsheet, you can find appointment explanations for each office organized below. We would welcome any amendments or corrections to this information.
Joint Appointments
Architect of the Capitol
The Architect is “appointed by the President by and with the advice and consent of the Senate for a term of 10 years.” This procedure was established by the Legislative Branch Appropriations Act, 1990, which also created a congressional commission responsible for recommending at least three individuals to the President for the position of Architect of the Capitol.
The Legislative Branch Appropriations Act, 1990 did not address the possibility of the removal of an Architect. The Architect, then, presumably serves at the pleasure of the President.
Congressional Budget Office
The Speaker of the House of Representatives and the president pro tempore of the Senate jointly appoint the CBO director for a four year term. In practice, the House and Senate Budget Committees alternate in recommending a nominee to the Speaker and President pro tempore of the Senate. Reports indicate that the Speaker and President pro tempore have adhered to the Budget Committees’ recommendations in making past selections. A CBO director may be removed by either house by resolution.
Congressional Research Service
The head of CRS is appointed by the Librarian of Congress after consultation with the Joint Committee on the Library. As the Joint Committee on the Library does not meet, in effect the consultation is with the House Administration and Senate Rules Committee.
There is no removal process specified in law. In practice, the Librarian of Congress can remove the CRS director.
Copyright Office
By statute, the Register of the Copyright Office works under the general direction of the Librarian of Congress and carries out a variety of legal and policy functions specified in Title 17 of the United States Code.
There is no removal process specified in law. In practice, the Librarian of Congress can remove the Register of the Copyright Office.
Government Accountability Office (Comptroller General)
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.” The Comptroller is appointed for a 15 year term that is not subject to renewal. Additionally, a commission procedure established in 1980 recommends individuals to the President in the event of a vacancy. 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 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 to the President, although the President may request additional names.
The 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; inefficiency; neglect of duty; malfeasance; or a felony or conduct involving moral turpitude.”
Government Publishing Office
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.” The GPO Director is appointed for a 10-year renewable term.
There is no removal process specified in law.
Librarian of Congress
The Librarian of Congress is appointed by the President and confirmed by the Senate for a 10 year renewable term. Previously, the Librarian was appointed solely by the President.
There is no removal process specified in law.
Office of the Attending Physician
Since the initial appointment in 1928, the Attending Physician, and other medical assistants in the office, have continued to be assigned from the Department of the Navy.
There is no removal process specified in law.
Office of Congressional Workplace Rights
The Executive Director of the OCWR is appointed by the chair of the OCWR Board, subject to the approval of the board.
The OCWR Board may remove the Executive Director
United States Capitol Police
The United States Capitol Police chief is appointed by the Capitol Police Board.
There is no removal process specified in law.
House
Chief Administrative Officer
The CAO is elected by House members on the first day of a new Congress. In general, the majority party introduces a resolution to elect the officers of the House, including the CAO. The slate of candidates is often chosen by the majority party leadership, sometimes with consultation with the minority. After the resolution’s introduction, the minority party typically offers an amendment to nominate their own slate of candidates for office. The vote to agree to the resolution is generally a party-line vote.
Both the Speaker and the House have the authority to remove the Chief Administrative Officer.
Chaplain
The House of Representatives, on the first day of a new Congress, typically elects the Chaplain. Generally, the election occurs with the adoption of a House Resolution. After the resolution’s introduction, the minority party typically offers an amendment to nominate its own candidate for office. Once the House disposes of the minority-party amendment, the House votes to agree to the resolution and elect the Chaplain.
There is no removal process specified in law.
General Counsel
Bipartisan Legal Advisory Group (BLAG) composed of the Speaker and the majority and minority leaderships speaks for the House in all litigation matters.
There is no removal process specified in law.
Clerk
The House of Representatives, on the first day of a new Congress, typically elects the Clerk. Generally, the election occurs with the adoption of a House Resolution. After the resolution’s introduction, the minority party typically offers an amendment to nominate its own candidate for office. Once the House disposes of the minority-party amendment, the House votes to agree to the resolution and elect the Clerk.
Both the Speaker and the House have the authority to remove the Clerk. The Committee on House Administration provides oversight for this office.
House Inspector General
The Inspector General is jointly appointed by the Speaker, the Majority Leader and the Minority Leader. The House IG is also subject to the policy direction and oversight of the Committee on House Administration.
The Office of the House IG is managed by an acting IG until a new IG is appointed by the House leadership.
Parliamentarian
The Speaker appoints the Parliamentarian of the House.
There is no removal process specified in law.
Sergeant-at-Arms
The House of Representatives, on the first day of a new Congress, typically elects the House Sergeant at Arms. Generally, the election occurs with the adoption of a House Resolution (H.Res.). After the resolution’s introduction, the minority party typically offers an amendment to nominate its own candidate for office. Once the House disposes of the minority-party amendment, the House votes to agree to the resolution and elect the Sergeant at Arms.
Both the Speaker and the House have the authority to remove the Sergeant-at-Arms.
Law Revision Counsel
The head Law Revision Counsel is appointed by the Speaker.
There is no removal process specified in law.
Legislative Counsel
The office is headed by the Legislative Counsel of the House, who is appointed by the Speaker.
There is no removal process specified in law.
Office of Congressional Ethics
The Speaker appoints three board members and one alternate as does the Minority Leader. The Speaker selects the chair and the Minority Leader selects the co-chair. Alternates fill vacancies until a replacement is appointed; if no alternate is appointed within 90 days the alternate becomes a full member. Members can be re-appointed and there are no longer term limits.
The Speaker and the minority leader, acting jointly, may remove a board member for cause.
Senate
Chaplain
The three most recent Senate candidates for chaplain have been nominated by a bipartisan search committee that examined possible applicants. The Senate chaplain, like other officers of the Senate, does not have to be reelected at the beginning of a new Congress. When a vacancy does occur, the Senate chooses a new chaplain through the adoption of a resolution.
There is no removal process specified in law.
Legal Counsel
The office is led by the Senate Legal Counsel and Deputy Legal Counsel, who are appointed by the President Pro Tempore of the Senate from among recommendations submitted by the majority and minority leaders, without regard to political affiliation. The appointment, which expires at the end of the subsequent Congress, is effective with the adoption of a Senate resolution. The Senate may, by resolution, remove or reappoint the counsel or deputy.
The Senate may, by resolution, remove or reappoint the counsel or deputy.
Legislative Counsel
Appointed by the President Pro Tempore of the Senate, “without reference to political affiliations and solely on the ground of fitness to perform the duties of the office.”
There is no removal process specified in law.
Parliamentarian
The Senate elects at the recommendation of the Senate Majority Leader.
There is no removal process specified in law.
Secretary of the Senate
Elected at the beginning of each Congress by the membership of the Senate.
Acting jointly, only the majority and minority leaders and the President Pro Tempore can certify that the Secretary is unable to perform her duties.
Sergeant at Arms
The Senate elects the Sergeant at Arms, who serves until the Senate chooses a successor. The Senate typically considers a Senate Resolution to elect a Sergeant at Arms. Typically, the Senate agrees to the resolution by unanimous consent.
The Senate may, by resolution, remove or reappoint the Sergeant-at-Arms.
