Legislative Branch Agencies Clarification Act

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:

In this Act:

The term commission means a congressional commission consisting of the oversight committee leadership and the House and Senate leadership.

The term Deputy Librarian means the Deputy Librarian of Congress.

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.

The term Librarian means the Librarian of Congress.

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.

(3) ; and

(4) in section 3, as so redesignated—

(A) by striking subsection (a) and inserting the following:

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.

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.

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:

The Librarian may be removed from office at any time upon a majority vote of the House and Senate leadership.

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.

The Librarian shall appoint a suitable individual to be the Deputy Librarian of Congress.

The Librarian may delegate to the Deputy Librarian such duties as the Librarian determines are necessary or appropriate.

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.

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.

If the position of Deputy Librarian becomes vacant, the Librarian shall immediately notify the members of the commission.

The Deputy Librarian shall act as Librarian if the Librarian is absent or disabled or there is no Librarian.

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.

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.

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.

Chapter 3 of title 44, United States Code, is amended—

(1) by inserting before section 301 the following:

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.

(1) ; and

(2) in section 301—

(A) by striking subsection (a) and inserting the following:

(1) The Government Publishing Office shall be headed by a Director.

(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.

(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.

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.

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:

Section 302 of title 44, United States Code, is amended to read as follows:

(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.

(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.

Section 304 of title 44, United States Code, is amended to read as follows:

(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.

(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.

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 the Judiciary of the House of Representatives 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

(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.

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.

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,

(iii) ; and

(iv) in subsection (d), by striking paragraph (2) and inserting the following:

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.

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,.

Section 701(a) of title 17, 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..

Section 415(a)(1)(A) of title 5, United States Code, is amended by striking and the United States Postal Service and inserting the United States Postal Service, and 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:

The Inspector General shall have no oversight authority with respect to the Copyright Office.

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..

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.

Section 701 of title 17, United States Code, is amended by adding at the end the following:

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.

Section 101(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(a)) is amended—

(A) in paragraph (3)—

(i) in subparagraph (J), by striking or;

(ii) in subparagraph (K), by striking the period at the end and inserting; or; and

(iii) by adding at the end the following:

(L) the Government Publishing Office.

(B) in paragraph (7), by striking through (K) and inserting through (L);

(C) in paragraph (8), by striking through (K) and inserting through (L); and

(D) in paragraph (9)(D)—

(i) by striking and the John and inserting the John; and

(ii) by inserting, and the Government Publishing Office before; or.

(A) Section 2301(a) of title 5, United States Code, is amended to read as follows:

(a) This section shall apply to an Executive agency.

(B) Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking and the Government Publishing Office.

(C) Section 4301(1) of title 5, United States Code, is amended—

(i) 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—

(i) ; and

(ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C).

(D) Section 4701(a)(1) of title 5, United States Code, is amended by striking and the Government Publishing Office.

(E) Section 5102(a)(1) of title 5, United States Code, is amended—

(i) by striking subparagraph (D); and

(ii) redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.

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..

Chapter 3 of title 44, United States Code, is amended by inserting after section 306 the following:

(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.

(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.

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:

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.

Section 501 of title 44, United States Code, is amended to read as follows:

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.

(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 501 of title 44, United States Code, is amended by striking the item relating to section 501 and inserting the following:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Section 9 and the amendments made by section 9 shall take effect on the date that is 180 days after the date of enactment of this Act.