H.R. 10204
Legislative Branch Agencies Clarification Act
Sponsor: H. Morgan Griffith · 0 cosponsors
Official summary
Written by the Congressional Research Service.
Legislative Branch Agencies Clarification Act
This bill revises the procedures for appointing and removing the Librarian of Congress, the Director of the Government Publishing Office (GPO), and the Register of Copyrights. The bill also establishes an Office of Inspector General within the Copyright Office and requires GPO to establish a human management system.
Specifically, the bill requires the Librarian of Congress and the Director of GPO to be appointed by a bipartisan congressional commission, based on procedures outlined by the bill and without regard to political affiliation. (Currently, these positions are appointed by the President with the advice and consent of the Senate.) The Librarian of Congress and the Director of GPO may only be removed from office by a majority vote of the majority and minority leaders of the House of Representatives and the Senate.
Additionally, the bill requires the Librarian of Congress and the Director of GPO to each appoint a deputy within a set time frame and outlines related procedures.
The bill removes the Library of Congress's (LOC's) supervisory authority over the Copyright Office and instead transfers those powers directly to the Register of Copyrights. LOC and other legislative agencies may provide support services to the Copyright Office.
The bill requires the Register of Copyrights to be (1) a U.S. citizen with a background and experience in copyright law, and (2) appointed by the President with the advice and consent of the Senate. (Currently, the Register is appointed by the Librarian.) Before the President makes the appointment, the chair and ranking minority member of each specified committee must jointly recommend three individuals whom the President may consider in making the appointment. The bill limits the term of office for the Register to 10 years, but the individual may be reappointed.
The bill requires subordinate officers and employees of the Copyright Office to be appointed by the Register. Further, the bill requires the Register (instead of the Librarian) to appoint the three administrative judges of the Copyright Royalty Board.
The bill also establishes an Office of Inspector General within the Copyright Office to, among other duties, conduct and supervise audits and investigations (excluding incidents involving violence and personal property) relating to the Copyright Office. The Register must appoint an Inspector General to head this office without regard to political affiliation. The Register may remove or transfer the Inspector General with prior congressional notification.
The bill also requires GPO to establish and maintain a human capital management system and outlines the requirements for the system.
Text of the bill
The Librarian of Congress Succession Modernization Act of 2015 (Public Law 114–86; 129 Stat. 675), is amended by inserting after section 3, as so redesignated, the following:
4. Deputy Librarian of Congress
(a) Establishment of Deputy Librarian
(1) In general. The Librarian shall appoint a suitable individual to be the Deputy Librarian of Congress.
(2) Duties. The Librarian may delegate to the Deputy Librarian such duties as the Librarian determines are necessary or appropriate.
(b) Deadline. The Librarian shall appoint a Deputy Librarian under subsection (a)(1) not later than 120 days after—
(1) the date on which the Librarian is appointed under section 3, if there is no Deputy Librarian on the date of the appointment; or
(2) the date on which a vacancy arises in the office of the Deputy Librarian.
(c) Failure to appoint. If the Librarian does not appoint a Deputy Librarian on or before the applicable date specified in subsection (b)—
(1) the oversight committee leadership shall jointly recommend an individual for appointment to the vacant office; and
(2) upon a majority vote of the House and Senate leadership, the individual recommended under paragraph (1) shall be appointed as the Deputy Librarian.
(d) Notification. If the position of Deputy Librarian becomes vacant, the Librarian shall immediately notify the members of the commission.
(e) Service as acting Librarian
(1) In general. The Deputy Librarian shall act as Librarian if the Librarian is absent or disabled or there is no Librarian.
(2) Absence, disability, or vacancy in Office of Deputy Librarian
(A) In general. For purposes of paragraph (1), if the Deputy Librarian is also absent or disabled or there is no Deputy Librarian—
(i) the oversight committee leadership shall jointly recommend an individual to be designated to serve as acting Librarian; and
(ii) upon a majority vote of the members of the House and Senate leadership, the individual recommended under clause (i) shall be designated to serve as acting Librarian.
(B) Period of appointment. An individual designated as acting Librarian under subparagraph (A) may serve until—
(i) the end of the absence or disability of the Librarian or the Deputy Librarian; or
(ii) in the case of vacancies in both positions, a Librarian has been appointed under section 3.
(3) Authority. An officer serving as acting Librarian under paragraph (1) or (2) shall perform all the duties and exercise all the authorities of the Librarian, including the authority to delegate the duties and authorities of the Librarian.