[Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)]
[House]
[Pages H5551-H5557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE BRANCH AGENCIES CLARIFICATION ACT
Mr. GRIFFITH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 10204) to modify the appointment and removal process for
certain legislative branch officers, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R.10204
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Branch Agencies
Clarification Act''.
[[Page H5552]]
SEC. 2. LIBRARIAN OF CONGRESS.
(a) In General.--The Librarian of Congress Succession
Modernization Act of 2015 (Public Law 114-86; 129 Stat. 675),
is amended--
(1) by redesignating section 3 as section 5;
(2) by redesignating section 2 as section 3;
(3) by inserting after section 1 the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Commission.--The term `commission' means a
congressional commission consisting of the oversight
committee leadership and the House and Senate leadership.
``(2) Deputy librarian.--The term `Deputy Librarian' means
the Deputy Librarian of Congress.
``(3) House and senate leadership.--The term `House and
Senate leadership' means the Speaker of the House of
Representatives, the majority leader of the Senate, the
minority leader of the House of Representatives, and the
minority leader of the Senate.
``(4) Librarian.--The term `Librarian' means the Librarian
of Congress.
``(5) Oversight committee leadership.--The term `oversight
committee leadership' means the chair and ranking minority
member of the Committee on House Administration of the House
of Representatives and the chairman and ranking minority
member of the Committee on Rules and Administration of the
Senate.''; and
(4) in section 3, as so redesignated--
(A) by striking subsection (a) and inserting the following:
``(a) Appointment.--
``(1) Commission.--The Librarian shall be appointed by the
commission in accordance with the procedures specified in
paragraph (2), without regard to political affiliation, and
solely on the basis of fitness to perform the duties of the
office.
``(2) Appointment procedures.--
``(A) Recommendation of 3 individuals.--If there is a
vacancy in the position of Librarian, the oversight committee
leadership shall jointly recommend 3 individuals for
appointment to the vacant office.
``(B) Selection by leaders.--The Librarian shall be
appointed from among the 3 individuals recommended under
subparagraph (A) upon a majority vote of the House and Senate
leadership.'';
(B) in subsection (b), by striking ``of Congress'';
(C) in subsection (c), by striking ``of Congress, by and
with the advice and consent of the Senate,''; and
(D) by striking subsection (d) and inserting the following:
``(d) Removal.--The Librarian may be removed from office at
any time upon a majority vote of the House and Senate
leadership.''.
(b) Pay.--Section 904 of the Supplemental Appropriations
Act, 1983 (2 U.S.C. 136a-2) is amended--
(1) by inserting ``(a)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(b) The Librarian of Congress shall not be considered to
serve under a political appointment for purposes of section
747 of the Financial Services and General Government
Appropriations Act, 2024 (division B of Public Law 118-47;
138 Stat. 585), or any other subsequently enacted similar
provision of law.''.
SEC. 3. DEPUTY LIBRARIAN OF CONGRESS.
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:
``SEC. 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.''.
SEC. 4. DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE.
(a) In General.--Chapter 3 of title 44, United States Code,
is amended--
(1) by inserting before section 301 the following:
``Sec. 300. Definitions
``In this chapter--
``(1) the term `commission' means a congressional
commission consisting of the oversight committee leadership
and the House and Senate leadership;
``(2) the term `House and Senate leadership' means the
Speaker of the House of Representatives, the majority leader
of the Senate, the minority leader of the House of
Representatives, and the minority leader of the Senate; and
``(3) the term `oversight committee leadership' means the
chair and ranking minority member of the Committee on House
Administration of the House of Representatives and the
chairman and ranking minority member of the Committee on
Rules and Administration of the Senate.''; and
(2) in section 301--
(A) by striking subsection (a) and inserting the following:
``(a)(1) The Government Publishing Office shall be headed
by a Director.
``(2)(A) The Director shall be appointed by the commission
in accordance with the procedures specified in subparagraph
(B), without regard to political affiliation, and solely on
the basis of fitness to perform the duties of the office.
``(B)(i) If there is a vacancy in the position of Director,
the oversight committee leadership shall jointly recommend 3
individuals for appointment to the vacant office.
``(ii) The Director shall be appointed from among the 3
individuals recommended under clause (i), upon a majority
vote of the House and Senate leadership.'';
(B) in subsection (c), by striking ``, by and with the
advice and consent of the Senate,''; and
(C) by adding at the end the following:
``(d) The Director may be removed from office at any time
upon a majority vote of the members of the House and Senate
leadership.''.
(b) Pay.--Section 303 of title 44, United States Code, is
amended--
(1) by inserting ``(a)'' before ``The annual rate of pay
for the Director of the Government Publishing Office''; and
(2) by adding at the end the following:
``(b) The Director of the Government Publishing Office
shall not be considered to serve under a political
appointment for purposes of section 747 of the Financial
Services and General Government Appropriations Act, 2024
(division B of Public Law 118-47; 138 Stat. 585), or any
other subsequently enacted similar provision of law.''.
(c) Conforming Amendment.--The table of sections for
chapter 3 of title 44, United States Code, is amended by
inserting before the item relating to section 301 the
following:
``300. Definitions.''.
SEC. 5. DEPUTY DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE.
(a) In General.--Section 302 of title 44, United States
Code, is amended to read as follows:
``Sec. 302. Deputy Director of the Government Publishing
Office: appointment; duties
``(a) In this section--
``(1) the term `Deputy Director' means the Deputy Director
of the Government Publishing Office; and
``(2) the term `Director' means the Director of the
Government Publishing Office.
``(b)(1) The Director shall appoint a suitable person to be
the Deputy Director.
``(2) The Deputy Director shall supervise the buildings
occupied by the Government Publishing Office and perform any
other duties required by the Director.
``(c) The Director shall appoint a Deputy Director under
subsection (b)(1) not later than 120 days after--
``(1) the date on which the Director is appointed under
section 301, if there is no Deputy Director on the date of
the appointment; or
``(2) the date on which a vacancy arises in the office of
the Deputy Director.
``(d) If the Director does not appoint a Deputy Director on
or before the applicable date specified in subsection (c)--
``(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 Director.
``(e) If the position of Deputy Director becomes vacant,
the Director shall immediately notify the members of the
commission.''.
[[Page H5553]]
(b) Service as Acting Director.--Section 304 of title 44,
United States Code, is amended to read as follows:
``Sec. 304. Director of the Government Publishing Office:
vacancy in office
``(a) In this section, the terms `Deputy Director' and
`Director' have the meanings given such terms in section
302(a).
``(b) The Deputy Director shall act as Director if the
Director is absent or disabled or there is no Director.
``(c)(1) For purposes of subsection (b), if the Deputy
Director is also absent or disabled or there is no Deputy
Director--
``(A) the oversight committee leadership shall jointly
recommend an individual to be designated to serve as acting
Director; and
``(B) upon a majority vote of the House and Senate
leadership, the individual recommended under subparagraph (A)
shall be designated as the acting Director.
``(2) An individual designated as acting Director under
paragraph (1) may serve until--
``(A) the end of the absence or disability of the Director
or the Deputy Director; or
``(B) in the case of vacancies in both positions, a
Director has been appointed under section 301.
``(d) An officer serving as acting Director under
subsection (b) or (c) shall perform all the duties and
exercise all the authorities of the Director, including the
authority to delegate the duties and authorities of the
Director.''.
SEC. 6. COPYRIGHT OFFICE.
(a) Removing Supervisory Authority of Library of Congress
Over Copyright Office.--
(1) In general.--Title 17, United States Code, is amended--
(A) in chapter 1--
(i) in section 111(d)--
(I) in paragraph (2), in the second sentence, by striking
``Librarian of Congress'' and inserting ``Register of
Copyrights''; and
(II) in paragraph (4)--
(aa) in subparagraph (B), in the second sentence, by
striking ``Librarian of Congress'' and inserting ``Register
of Copyrights''; and
(bb) in subparagraph (C), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(ii) in section 112(e)(5), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(iii) in section 114(f)(2), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(iv) in section 115(d)--
(I) in paragraph (3)(A)(iv), by striking ``, with the
approval of the Librarian of Congress pursuant to section
702,''; and
(II) in paragraph (5)(A)(iv), by striking ``, with the
approval of the Librarian of Congress pursuant to section
702,'';
(v) in section 118(b)(2), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights''; and
(vi) in section 119(b)--
(I) in paragraph (3), in the second sentence, by striking
``Librarian of Congress'' and inserting ``Register of
Copyrights''; and
(II) in paragraph (5)--
(aa) in subparagraph (B), in the second sentence, by
striking ``Librarian of Congress'' and inserting ``Register
of Copyrights''; and
(bb) in subparagraph (C), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(B) in chapter 7--
(i) in section 701--
(I) in subsection (a)--
(aa) in the first sentence, by striking ``of the Library of
Congress''; and
(bb) by striking the second sentence and inserting the
following: ``The Register of Copyrights shall be appointed by
the President, by and with the advice and consent of the
Senate, but before the President makes such an appointment,
the chair and ranking minority member of each of the
Committee on House Administration of the House of
Representatives, the Committee on the Judiciary of the House
of Representatives, the Committee on Rules and Administration
of the Senate, and the Committee on the Judiciary of the
Senate shall jointly recommend 3 individuals whom the
President may consider in making the appointment. The
subordinate officers and employees of the Copyright Office
shall be appointed by the Register of Copyrights.'';
(II) in subsection (d)--
(aa) in the first sentence, by striking ``the Librarian
of''; and
(bb) by striking the second sentence; and
(III) in subsection (f), by striking the second and third
sentences and inserting the following: ``The Register of
Copyrights shall establish not more than 4 positions for
Associate Registers of Copyrights and shall make appointments
to those positions.'';
(ii) in section 702, by striking the second sentence and
inserting ``The Register shall consult with the Librarian of
Congress prior to establishing regulations that affect
deposits made under sections 407 and 704 of this title. The
Register shall consult with the Librarian of Congress before
establishing any regulation under this title that affects the
authority, rights, or access of the Library of Congress under
this title with respect to any material deposited in the
Copyright Office.''; and
(iii) in section 704(d), by striking ``joint discretion of
the Register and the Librarian'' and inserting ``discretion
of the Register, in consultation with the Librarian,'';
(C) in chapter 8--
(i) in section 801--
(I) in subsection (a)--
(aa) in the first sentence, by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights''; and
(bb) by striking the second sentence;
(II) in subsection (d), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights''; and
(III) in subsection (e)--
(aa) in the heading, by striking ``Library of Congress''
and inserting ``Copyright Office''; and
(bb) by striking ``Library of Congress'' and inserting
``Copyright Office'';
(ii) in section 802--
(I) in subsection (d)--
(aa) in paragraph (1), in the first sentence, by striking
``Librarian of Congress'' and inserting ``Register of
Copyrights''; and
(bb) in paragraph (2), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(II) in subsection (f)(2)--
(aa) in subparagraph (A), by striking ``Library of
Congress'' and inserting ``Copyright Office''; and
(bb) in subparagraph (B), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights'';
(III) in subsection (h), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights''; and
(IV) in subsection (i)--
(aa) by striking ``Librarian of Congress'' each place that
term appears and inserting ``Register of Copyrights''; and
(bb) in the third sentence, by striking ``Librarian'' and
inserting ``Register of Copyrights''; and
(iii) in section 803--
(I) in subsection (a)(1), in the second sentence--
(aa) by striking ``the Librarian of Congress'' and
inserting ``the Register of Copyrights''; and
(bb) by striking ``of the Librarian of Congress or'' and
inserting ``of'';
(II) in subsection (b)(6)(A), in the second sentence, by
striking ``Librarian of Congress'' and inserting ``Register
of Copyrights'';
(III) in subsection (c)(6)--
(aa) by striking ``Librarian of Congress'' each place that
term appears and inserting ``Register of Copyrights''; and
(bb) in the second sentence, by striking ``Librarian'' and
inserting ``Register of Copyrights''; and
(IV) in subsection (e)(1)--
(aa) in the paragraph heading, by striking ``library of
congress and''; and
(bb) in subparagraph (A)--
(AA) by striking ``The Librarian of Congress'' and
inserting ``The Register of Copyrights''; and
(BB) by striking ``the Librarian of Congress, the Copyright
Office, and'' and inserting ``the Copyright Office and'';
(D) in section 1007--
(i) in subsection (b), in the third sentence, by striking
``Librarian of Congress'' and inserting ``Register of
Copyrights''; and
(ii) in subsection (c), in the third sentence, by striking
``Librarian of Congress'' and inserting ``Register of
Copyrights'';
(E) in section 1201(a)(1)--
(i) in subparagraph (C)--
(I) in the matter preceding clause (i)--
(aa) in the first sentence, by striking ``the Librarian of
Congress, upon the recommendation of the Register of
Copyrights, who shall consult with the Assistant Secretary
for Communications and Information of the Department of
Commerce and report and comment on his or her views in making
such recommendation'' and inserting ``the Register of
Copyrights, after consultation with the Assistant Secretary
of Commerce for Communications and Information''; and
(bb) in the second sentence, by striking ``the Librarian''
and inserting ``the Register of Copyrights''; and
(II) in clause (v), by striking ``Librarian'' and inserting
``Register of Copyrights''; and
(ii) in subparagraph (D), by striking ``Librarian'' each
place that term appears and inserting ``Register of
Copyrights'';
(F) in section 1331, by striking ``of the Library of
Congress''; and
(G) in chapter 15--
(i) in section 1502(b)--
(I) in paragraph (1)--
(aa) in the first sentence, by striking ``recommend'' and
inserting ``appoint''; and
(bb) by striking the second sentence;
(II) in paragraph (6)--
(aa) in subparagraph (A)(i), by striking ``the Librarian of
Congress shall, upon the recommendation of, and in
consultation with, the Register of Copyrights,'' and
inserting ``the Register of Copyrights shall''; and
(bb) in subparagraph (B), by striking ``the Librarian of
Congress shall, upon recommendation of, and in consultation
with, the Register of Copyrights,'' and inserting ``the
Register of Copyrights shall''; and
(III) in paragraph (7), by striking ``Librarian of
Congress'' and inserting ``Register of Copyrights''; and
(ii) in section 1503(b)(3), by striking ``Library of
Congress or''.
(2) Amendments to other laws.--
(A) Computer software rental amendments act of 1990.--
Section 805(d) of the Computer Software Rental Amendments Act
of 1990 (17 U.S.C. 205 note; Public Law 101-650) is amended
by striking the second sentence.
[[Page H5554]]
(B) Unlocking consumer choice and wireless competition
act.--Section 2 of the Unlocking Consumer Choice and Wireless
Competition Act (17 U.S.C. 1201 note; Public Law 113-144) is
amended--
(i) in the heading, by striking ``by librarian of
congress'';
(ii) in subsection (a), by inserting after ``United States
Code,'' the following: ``(as in effect before the date of
enactment of the Legislative Branch Agencies Clarification
Act)'';
(iii) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) as authorized by an exemption adopted by--
``(A) the Librarian of Congress pursuant to a determination
made on or after the date of enactment of this Act and before
the date of enactment of the Legislative Branch Agencies
Clarification Act under section 1201(a)(1)(C) of title 17,
United States Code; or
``(B) the Register of Copyrights pursuant to a
determination made on or after the date of enactment of the
Legislative Branch Agencies Clarification Act under section
1201(a)(1)(C) of title 17, United States Code,''; and
(iv) in subsection (d), by striking paragraph (2) and
inserting the following:
``(2) Librarian of congress; register of copyrights.--
Nothing in this Act alters, or shall be construed to alter,
the authority of--
``(A) the Librarian of Congress under section 1201(a)(1) of
title 17, United States Code, as in effect before the date of
enactment of the Legislative Branch Agencies Clarification
Act; or
``(B) the Register of Copyrights under section 1201(a)(1)
of title 17, United States Code, as in effect on or after the
date of enactment of the Legislative Branch Agencies
Clarification Act.''.
(C) Act of june 13, 1957.--The first section of the Act
entitled ``An Act to fix the responsibilities of certifying
officers and disbursing officer of the Library of Congress'',
approved June 13, 1957 (2 U.S.C. 142b), is amended by
striking ``, including the Copyright Office,''.
(b) Register of Copyrights Qualifications; Term of
Office.--Section 701(a) of title 17, United States Code, as
amended by this section, is amended--
(1) by inserting before ``shall be appointed by the
President'' the following: ``shall be a citizen of the United
States with a background and experience in copyright law,
and''; and
(2) by inserting before ``The subordinate officers'' the
following: ``The Register of Copyrights shall be appointed
for a term of 10 years, but if the Register is appointed to
fill a vacancy occurring prior to the expiration of the term
for which the most immediate predecessor was appointed, the
Register shall be appointed for the remainder of such term.
The Register may be reappointed for 1 or more additional
terms of 5 years each.''.
(c) Establishment of Inspector General of the Copyright
Office.--Section 1307 of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185), is amended by adding
at the end the following:
``(i) Establishment of Inspector General of the Copyright
Office as a Separate Office.--
``(1) Office of inspector general.--There is an Office of
Inspector General within the Copyright Office which is an
independent objective office to--
``(A) conduct and supervise audits and investigations
(excluding incidents involving violence and personal
property) relating to the Copyright Office, except that
nothing in this subparagraph may be construed to authorize
the Inspector General to audit or investigate any operations
or activities of the United States Capitol Police;
``(B) provide leadership and coordination and recommend
policies to promote economy, efficiency, and effectiveness;
and
``(C) provide a means of keeping the Register of Copyrights
and the Congress fully and currently informed about problems
and deficiencies relating to the administration and
operations of the Copyright Office.
``(2) Appointment of inspector general; supervision;
removal; pay; limits on bonuses; counsel.--
``(A) Appointment and supervision.--
``(i) In general.--There shall be at the head of the Office
of Inspector General, an Inspector General who shall be
appointed by the Register of Copyrights without regard to
political affiliation and solely on the basis of integrity
and demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations. The Inspector General shall report to, and be
under the general supervision of, the Register of Copyrights.
``(ii) Audits, investigations, and reports.--The Register
of Copyrights shall have no authority to prevent or prohibit
the Inspector General from--
``(I) initiating, carrying out, or completing any audit or
investigation;
``(II) issuing any subpoena during the course of any audit
or investigation; or
``(III) issuing any report.
``(B) Removal or transfer.--
``(i) In general.--The Inspector General may be removed
from office, or transferred to another position within, or
another location of, the Copyright Office, by the Register of
Copyrights.
``(ii) Notice.--Not later than 30 days before the Register
of Copyrights removes or transfers the Inspector General
under clause (i), the Register of Copyrights shall
communicate in writing the reason for the removal or transfer
to--
``(I) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives;
and
``(II) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
``(iii) Applicability.--Nothing in this subparagraph shall
prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.
``(C) Pay.--
``(i) In general.--The position of Inspector General
shall--
``(I) be classified as a position above GS-15 in accordance
with section 5108 of title 5, United States Code; and
``(II) have a rate of basic pay that is not less than the
average rate of basic pay of all other employees in positions
classified as above GS-15 of the Copyright Office calculated
on an annual basis.
``(ii) Adjustments.--The Register of Copyrights shall
establish the amount of the annual adjustment in the rate of
basic pay for the Inspector General in an amount equal to the
average of the annual adjustments in the rate of basic pay
provided to all other employees in positions classified as
above GS-15 of the Copyright Office, in a manner consistent
with section 5376 of title 5, United States Code.
``(D) No bonuses.--The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
``(E) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Copyright Office, obtain
legal advice from a counsel reporting directly to the
Inspector General or another Inspector General.
``(3) Duties, responsibilities, authority, and reports.--
``(A) In general.--Sections 404, 405 (other than subsection
(b)(13)), 406(a) (other than paragraphs (7) and (8) thereof),
and 407 of title 5, United States Code, shall apply to the
Inspector General of the Copyright Office and the Office of
such Inspector General and such sections shall be applied to
the Copyright Office and the Register of Copyrights by
substituting--
``(i) `Copyright Office' for `establishment'; and
``(ii) `Register of Copyrights' for `head of the
establishment'.
``(B) Employees.--
``(i) In general.--The Inspector General, in carrying out
the provisions of this subsection, is authorized, without the
supervision or approval of any other employee, office, or
other entity within the Copyright Office, to select, appoint,
and employ such officers and employees (including
consultants) as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector
General subject to the provisions of law governing
selections, appointments, and employment in the Copyright
Office.
``(ii) Security and suitability.--Appointments under the
authority under clause (i) shall be made consistent with
personnel security and suitability requirements.
``(iii) Consultants.--Any appointment of a consultant under
the authority under clause (i) shall be made consistent with
section 406(a)(9) of title 5, United States Code.
``(C) Law enforcement authority.--
``(i) In general.--Subject to clause (ii), any supervisory
special agent under the Inspector General and any special
agent supervised by such a supervisory special agent is
authorized to--
``(I) make an arrest without a warrant while engaged in
official duties as authorized under this section or any other
statute for any offense against the United States committed
in the presence of such supervisory special agent or special
agent, or for any felony cognizable under the laws of the
United States if such supervisory special agent or special
agent has reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
``(II) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed; and
``(III) carry a firearm while engaged in official duties as
authorized under this section or any other statute.
``(ii) Requirements to exercise authority.--
``(I) Required certification.--
``(aa) In general.--In order to exercise the authority
under clause (i), a supervisory special agent or a special
agent supervised by such a supervisory special agent shall
certify that he or she--
``(AA) is a citizen of the United States;
``(BB) has successfully completed a basic law enforcement
training program or military or other equivalent; and
``(CC) is not prohibited from receiving a firearm under
Federal law, including under section 922(g)(9) of title 18,
United States Code, because of a conviction of a misdemeanor
crime of domestic violence.
``(bb) Additional requirements.--After providing notice to
the appropriate committees of Congress, the Inspector General
may add requirements to the certification required under item
(aa), as determined appropriate by the Inspector General.
``(II) Maintenance of requirements.--The Inspector General
shall maintain firearms-
[[Page H5555]]
related requirements (including quarterly firearms
qualifications) and use of force training requirements that,
except to the extent the Inspector General determines
necessary to effectively carry out the duties of the Office
of the Inspector General, are in accordance with the Council
of the Inspectors General on Integrity and Efficiency use of
force policies, which incorporate Department of Justice
guidelines.
``(III) Eligibility determination.--
``(aa) In general.--The Inspector General shall--
``(AA) determine whether an individual meets the
requirements under this subparagraph; and
``(BB) revoke any authority granted to an individual under
clause (i) if the individual is not in compliance with the
requirements of this subparagraph.
``(bb) Reauthorization.--The Inspector General may
reauthorize an individual to exercise the authority granted
under clause (i) if the Inspector General determines the
individual has achieved compliance with the requirements
under this subparagraph.
``(cc) Limitation on appeal.--A revocation of the authority
granted under clause (i) shall not be subject to
administrative, judicial, or other review, unless the
revocation results in an adverse action. Such an adverse
action may, at the election of the applicable individual, be
reviewed in accordance with the otherwise applicable
procedures.
``(iii) Semiannual certification of program.--
``(I) In general.--Before the first grant of authority
under clause (i), and semiannually thereafter as part of the
report under section 405 of title 5, United States Code, the
Inspector General shall submit to the appropriate committees
of Congress a written certification that adequate internal
safeguards and management procedures exist that, except to
the extent the Inspector General determines necessary to
effectively carry out the duties of the Office of the
Inspector General, are in compliance with standards
established by the Council of the Inspectors General on
Integrity and Efficiency, which incorporate Department of
Justice guidelines, to ensure proper exercise of the powers
authorized under this subparagraph.
``(II) Suspension of authority.--The authority granted
under this subparagraph (including any grant of authority to
an individual under clause (i), without regard to whether the
individual is in compliance with clause (ii)) may be
suspended by the Inspector General if the Office of Inspector
General fails to comply with the reporting and review
requirements under subclause (I) of this clause or clause
(iv). Any suspension of authority under this subclause shall
be reported to the appropriate committees of Congress.
``(iv) Peer review.--To ensure the proper exercise of the
law enforcement powers authorized under this subparagraph,
the Office of Inspector General shall submit to and
participate in the external review process established by the
Council of the Inspectors General on Integrity and Efficiency
for ensuring that adequate internal safeguards and management
procedures continue to exist. Under the review process, the
exercise of the law enforcement powers by the Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the Inspector General, the Council of the
Inspectors General on Integrity and Efficiency, and the
appropriate committees of Congress.
``(v) Alleged misconduct.--Any allegation of misconduct by
an individual granted authority under clause (i) may be
reviewed by the Integrity Committee of the Council of the
Inspectors General on Integrity and Efficiency.
``(vi) Appropriate committees of congress.--In this
paragraph, the term `appropriate committees of Congress'
means--
``(I) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
``(II) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives.
``(D) Budget independence.--The Register of Copyrights
shall include the annual budget request of the Inspector
General in the budget of the Copyright Office without
change.''.
(d) Appointment of Acting Officers by Acting Register.--
Section 701(a) of title 17, United States Code, as amended by
this section, is amended by adding at the end the following:
``Any officer appointed by an acting Register of Copyrights,
including a Copyright Royalty Judge, shall be an acting
officer, and may be removed from office at any time by an
individual serving in the office of Register of Copyrights
pursuant to an appointment by the President, by and with the
advice and consent of the Senate.''.
(e) Ratification of Actions Taken by Copyright Entities
Prior to Enactment.--Each action taken under title 17, United
States Code, by the Copyright Office, the Register of
Copyrights, the Copyright Royalty Judges, or the Copyright
Claims Board during the period beginning on May 8, 2025, and
ending on the date of enactment of this Act is ratified and
shall be given full force and effect.
(f) Support Agreements; Reimbursement.--Section 701 of
title 17, United States Code, is amended by adding at the end
the following:
``(g) Support Agreements; Reimbursement.--The Library of
Congress and any other agency or office in the legislative
branch of the Federal Government may provide administrative,
facilities, financial management, information technology,
legal, security, and other appropriate support to the
Copyright Office as provided under an agreement for services
entered into by the applicable agency or office and the
Copyright Office.''.
(g) Transition Provisions.--During the period specified in
paragraph (1):
(1) Period.--The period specified in this paragraph is the
period that begins on the date of the enactment of this Act
and ends on September 30, 2029.
(2) Transfers of appropriations.--The Register of
Copyrights and the Librarian of Congress may enter into such
agreements as necessary to transfer appropriated amounts from
one to the other if such amounts are necessary to carry out
this Act and effectuate the separation of the Copyright
Office and the Library of Congress.
(3) Personnel.--The laws with respect to the personnel of
the Federal Government shall apply to the personnel of the
Copyright Office to the same extent as such laws apply to the
Library of Congress. Each officer or employee of the
Copyright Office shall be appointed solely with reference to
the fitness of the officer or employee to carry out the
particular duties of the officer or employee.
SEC. 7. GOVERNMENT PUBLISHING OFFICE PERSONNEL REFORMS.
(a) Application of the Congressional Accountability Act to
the Government Publishing Office.--Section 101(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301(a))
is amended--
(1) in paragraph (3)--
(A) in subparagraph (J), by striking ``or'';
(B) in subparagraph (K), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(L) the Government Publishing Office.'';
(2) in paragraph (7), by striking ``through (K)'' and
inserting ``through (L)'';
(3) in paragraph (8), by striking ``through (K)'' and
inserting ``through (L)''; and
(4) in paragraph (9)(D)--
(A) by striking ``and the John'' and inserting ``the
John''; and
(B) by inserting ``, and the Government Publishing Office''
before ``; or''.
(b) Conforming Amendments.--
(1) Section 2301(a) of title 5, United States Code, is
amended to read as follows:
``(a) This section shall apply to an Executive agency.''.
(2) Section 2302(a)(2)(C) of title 5, United States Code,
is amended by striking ``and the Government Publishing
Office''.
(3) Section 4301(1) of title 5, United States Code, is
amended--
(A) by striking ``(1) `agency' means--'' and all that
follows through ``but does not include--'' and inserting the
following:
``(1) `agency' means an Executive agency, but does not
include--''; and
(B) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C).
(4) Section 4701(a)(1) of title 5, United States Code, is
amended by striking ``and the Government Publishing Office''.
(5) Section 5102(a)(1) of title 5, United States Code, is
amended--
(A) by striking subparagraph (D); and
(B) redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 8. HUMAN CAPITAL MANAGEMENT SYSTEM FOR THE GOVERNMENT
PUBLISHING OFFICE.
(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:
``Sec. 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.
[[Page H5556]]
``(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.
Sec. 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.
SEC. 9. UPDATE TO PRINT REQUIREMENTS.
(a) In General.--Section 501 of title 44, United States
Code, is amended to read as follows:
``Sec. 501. Government printing, binding, blank-book work,
and publishing services by the Government Publishing Office
``The Government Publishing Office may perform printing,
binding, blank-book work, and publishing services for
Congress, the Executive Office of the President, the
Judiciary, and every executive department, independent
office, and establishment of the Government.''.
(b) Conforming Amendments.--
(1) Section 207(a) of the Legislative Branch Appropriations
Act, 1993 (44 U.S.C. 501 note) is repealed.
(2) The table of sections for chapter 5 of title 44, United
States Code, is amended by striking the item relating to
section 501 and inserting the following:
``501. Government printing, binding, blank-book work, and publishing
services by the Government Publishing Office.''.
SEC. 10. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this
Act and the amendments made by this Act shall apply on and
after the date of enactment of this Act.
(b) Exceptions.--
(1) Librarian.--
(A) Appointment.--Subsection (a) of section 3 of the
Librarian of Congress Succession Modernization Act of 2015,
as redesignated and amended by this Act, shall apply to any
appointment to the position of Librarian of Congress made on
or after the date of enactment of this Act.
(B) Removal.--Subsection (d) of section 3 of the Librarian
of Congress Succession Modernization Act of 2015, as
redesignated and amended by this Act, shall apply with
respect to an individual appointed to the position of
Librarian of Congress before, on, or after the date of
enactment of this Act.
(C) Pay.--Subsection (b) of section 904 of the Supplemental
Appropriations Act, 1983 (2 U.S.C. 136a-2), as added by this
Act, shall apply on and after the first day of the first
applicable pay period beginning on or after the date of
enactment of this Act.
(2) Deputy librarian appointment.--Subsections (a)(1), (b),
and (c) of section 4 of the Librarian of Congress Succession
Modernization Act of 2015, as added by this Act, shall apply
to any appointment to the position of Deputy Librarian of
Congress made on or after the date of enactment of this Act.
(3) Director of gpo.--
(A) Appointment.--Subsection (a)(2) of section 301 of title
44, United States Code, as amended by this Act, shall apply
to any appointment to the position of Director of the
Government Publishing Office made on or after the date of
enactment of this Act.
(B) Removal.--Subsection (d) of section 301 of title 44,
United States Code, as added by this Act, shall apply with
respect to an individual appointed to the position of
Director of the Government Publishing Office before, on, or
after the date of enactment of this Act.
(C) Pay.--Subsection (b) of section 303 of title 44, United
States Code, as added by this Act, shall apply on and after
the first day of the first applicable pay period beginning on
or after the date of enactment of this Act.
(4) Deputy director of gpo appointment.--Subsections
(b)(1), (c), and (d) of section 302 of title 44, United
States Code, as added by this Act, shall apply to any
appointment to the position of Deputy Director of the
Government Publishing Office made on or after the date of
enactment of this Act.
(5) Register of copyrights; subordinate officers and
employees generally.--Section 701(a) of title 17, United
States Code, as amended by this Act, shall apply to any
appointment to the position of Register of Copyrights or to
the position of a subordinate officer or employee of the
Copyright Office made on or after the date of enactment of
this Act.
(6) Associate registers of copyrights.--Section 701(f) of
title 17, United States Code, as amended by this Act, shall
apply to any appointment to the position of Associate
Register of Copyrights made on or after the date of enactment
of this Act.
(7) Copyright royalty judges.--Sections 801(a) and
802(d)(1) of title 17, United States Code, as amended by this
Act, shall apply to any appointment to the position of
Copyright Royalty Judge (including the Chief Copyright
Royalty Judge or an interim Copyright Royalty Judge) made on
or after the date of enactment of this Act.
(8) Copyright claims officers.--Section 1502(b)(1) of title
17, United States Code, as amended by this Act, shall apply
to any appointment to the position of Copyright Claims
Officer made on or after the date of enactment of this Act.
(9) Human capital management system for the government
publishing office.--Section 8 and the amendments made by
section 8 shall take effect on the date that is 180 days
after the date of enactment of this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or the application of any such provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this Act, and the application of such
provision or amendment to any other person or circumstance,
shall not be affected by the holding.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Griffith) and the gentleman from New York (Mr. Morelle)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GRIFFITH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GRIFFITH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, my bill, H.R. 10204, the Legislative Branch Agencies
Clarification Act, makes important reforms for several vital
institutions that serve Congress and the American people, including the
Library of Congress, the Government Publishing Office, and the United
States Copyright Office.
The bill is not to be confused with H.R. 6028, although they are
substantially similar, which passed the House by a voice vote in June
with widespread bipartisan support and contains the same provisions as
H.R. 10204.
The underlying text contains two small technical corrections that
committee staff and I added to ensure the smooth implementation of the
legislation's key provisions, and I think we have agreement on that.
At its core, the bill is about ensuring that agencies of the
legislative branch are governed in a manner consistent with our
constitutional system, improving continuity in leadership, and
strengthening congressional oversight.
Though the Librarian of Congress and Director of the Government
Publishing Office belong to the legislative branch, their leadership is
currently appointed by the President. This legislation removes
structural inconsistencies by establishing a congressional appointment
framework for the Librarian of Congress and the Director of the
Government Publishing Office.
Under the bill, bipartisan recommendations will be provided by the
leadership of the House Administration Committee and the Senate Rules
Committee, with final selections made by congressional leadership.
These changes are not unprecedented, and they closely mirror the
bipartisan appointment process Congress adopted for the Architect of
the Capitol, which granted congressional control over a key legislative
branch institution.
Additionally, because of the executive nature of the U.S. Copyright
Office, this bill provides that the Register of Copyrights will be
appointed by the President, with the advice and consent of the Senate,
while keeping a close relationship between the Register of Copyrights
and the Librarian of Congress.
The Legislative Branch Agencies Clarification Act modernizes
leadership structure and clarifies lines of authority so that we can
strengthen the institutions that support Congress and ensure they are
positioned to serve this body effectively for years to come.
Mr. Speaker, this bill is very much like 6028. As I said, there are
two minor
[[Page H5557]]
technical changes in there. We wouldn't have gotten the base done
without bipartisan support. I thank Mr. Morelle for his hard work on
helping us improve this bill through the process. We have actually
worked on this for well over a year now, trying to get it correct.
In all fairness, Mr. Speaker, to satisfy some of our friends on the
other side of the building, we made two little technical changes that I
think will make them happy. We were already happy.
Mr. Speaker, I reserve the balance of my time.
Mr. MORELLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 10204, the Legislative
Branch Agencies Clarification Act. Apart from a few technical
corrections, as my friend has described, this bill is identical to H.R.
6028, which passed the House in June.
It updates the appointment process for the heads of two legislative
branch agencies: the Library of Congress and the Government Publishing
Office. It also creates a new Presidential appointment, subject to
Senate confirmation, for the Register of Copyrights, and makes clear
that the United States Copyright Office, which is currently part of the
Library of Congress, will remain in the legislative branch.
I thank the bill's author, Representative Griffith, as well as
Chairman Steil, and their staff for working with us to improve prior
versions of this legislation. It did, indeed, take many months, but I
appreciated the openness and willingness of the majority to entertain
some of the suggestions we made, which I do think make the bill
stronger.
In addition to ensuring the Copyright Office remains a legislative
branch entity, the bill protects the Copyright Office's workforce, who
will enjoy the same rights, privileges, and protections they hold today
as Library employees. I do think that is very important. I have long
said the Library of Congress should be appointed by Congress, and this
bill achieves that important goal.
{time} 1520
Still, we must make this change thoughtfully and be mindful of the
consequences, particularly for the Copyright Office. Copyright
authorities are enshrined in Article I, Section 8, Clause 8 of the
Constitution, and the Copyright Office has resided in the legislative
branch for well over a century. It should remain there, and that is the
intent of this bill.
The copyright economy, I might add, contributes more than $2 trillion
annually to our economy and supports more than 11 million American
jobs--but only with a stable, reliable, and apolitical copyright
system. This bill helps to preserve it at a critical moment for
copyright stakeholders and millions of Library users.
The Library and Copyright Office have operated in partnership for
more than 150 years, and the Copyright Office depends on the Library's
infrastructure. The Library builds its collections through the
copyright deposits, so severing that relationship would harm both
institutions.
The bill recognizes this: It establishes a significant transition
period. It allows the Copyright Office to continue Library support
services. It requires the Register to consult with the Librarian before
taking any action affecting the Library's access to copyright deposits.
It safeguards the rights of Copyright Office employees.
For too long, Congress has allowed its own authority and capacity to
atrophy. The Library, Copyright Office, Government Publishing Office,
and other support agencies we rely on are funded from a legislative
branch budget that amounts to roughly four-tenths of 1 percent of all
Federal discretionary spending. If we are serious about legislating on
questions as complex as AI and copyright, we must be serious about
sustaining the institutions that make that work possible.
Mr. Speaker, the bill is not perfect. I don't know of a bill that has
passed this House that has ever been deemed perfect, but it does ensure
that the Librarian of Congress can be hired and fired only by Congress
and does so while preserving both the Library and Copyright Office as
the preeminent institutions in their fields.
Mr. Speaker, I thank my colleague and friend, Mr. Griffith, for his
hard work and that of the staff and Chairman Steil.
For these reasons, I urge my colleagues to vote ``yes,'' and I
reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I have no further speakers, and I am
prepared to close. I reserve the balance of my time.
Mr. MORELLE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I appreciate all the hard work that went into this. I
think we are in a much better place.
I am pleased to think that if this legislation is successful, the
Library of Congress will continue to be the Library of Congress and
have its leadership appointed by this body in consultation with our, as
Mr. Griffith describes it, friends on the other side of the building.
Hopefully, they will see the wisdom in doing this.
Mr. Speaker, I urge all of my colleagues to support the bill, and I
yield back the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I urge my colleagues to support H.R. 10204. This is an
important bill. It probably won't get headlines or be the lead story on
CNN or FOX tonight. But making sure, as the gentleman from New York
said, that we have the Librarian of Congress actually answering to
Congress, I think that is important.
I think this is a good housekeeping bill in many ways. It does some
reform, but it also lets us move forward into the future.
I would be remiss if I didn't mention the great work, as I said
before, that Mr. Morelle and his team did on getting this bill into a
good position. It was a thoughtful exchange. We were just trying to get
the bill as good as we could.
I would also be remiss if I didn't recognize my constituent, former
Congressman Bob Goodlatte, for his work on trying to make sure that we
got the communication lines between the Register of Copyrights and the
Librarian of Congress in a good position, as well. As Mr. Morelle
pointed out to the body, Mr. Speaker, it is important that both of
these institutions remain preeminent in their fields and that they work
together, hand in glove, even though one is legislative and one is
executive.
Mr. Speaker, I urge all of my colleagues to support the bill, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Griffith) that the House suspend the rules
and pass the bill, H.R. 10204.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________