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
(a) In general. Section 305(a) of title 44, United States Code, is amended—
(1) in the first sentence—
(A) by striking other persons and inserting other people; and
(B) by striking the persons employed and inserting those employed;
(2) in the second sentence, by striking persons and inserting people;
(3) by striking the third sentence; and
(4) by striking oftener than once a year. and inserting more often than once a year..
(b) Human capital management system
(1) In general. Chapter 3 of title 44, United States Code, is amended by inserting after section 306 the following:
306A. Director of the Government Publishing Office; human capital management system
(a) The Director of the Government Publishing Office shall establish and maintain a human capital management system (in this section referred to as the system).
(b) The system shall—
(1) include the merit system principles set forth under section 2301(b) of title 5;
(2) prohibit any personnel practice prohibited under section 2302(b) of title 5;
(3) prohibit any political activity prohibited under subchapter III of chapter 73 of title 5;
(4) ensure that officers and employees of the Government Publishing Office are appointed, promoted, and assigned only on the basis of merit and fitness;
(5) be established without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service; and
(6) give a preference to an individual eligible for a hiring preference in the executive branch of the United States Government in a way and to an extent consistent with the preference given the individual for a position in the executive branch.
(c)
(1) The Director may prescribe regulations about the system only—
(A) after notice and opportunity for public comment; and
(B) with the approval of the Joint Committee on Printing.
(2) An officer or employee of the Government Publishing Office may not make a reprisal or threat of reprisal against another officer or employee of the Government Publishing Office because of comments on a proposed regulation about the system.
(2) Conforming amendment. The table of sections for chapter 3 of title 44, United States Code, is amended by inserting after the item relating to section 306 the following:
306A. Director of the Government Publishing Office; human capital management system.
(c) Savings clause. Nothing in this section or the amendments made by this section shall be construed to affect any proceeding or payment of an award or settlement relating to a claim which is pending on the effective date of this section under—
(1) title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.);
(2) chapter 71 of title 5, United States Code (relating to Federal service labor-management relations);
(3) an appeal to the Merit Systems Protection Board; or
(4) subchapter II, chapter 12, of title 5, United States Code.