H.R. 10204 — Legislative Branch Agencies Clarification Act

This section revises the appointment and removal of the Librarian of Congress. The Librarian is appointed by a congressional commission of oversight committee leadership and House and Senate leadership, without regard to political affiliation and solely on fitness, from among three individuals jointly recommended by the oversight committee leadership. The Librarian may be removed at any time by majority vote of the House and Senate leadership. The section also adds related definitions and provides that the Librarian 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.

This section establishes the Deputy Librarian of Congress position and requires the Librarian to appoint a Deputy within 120 days after the Librarian’s appointment or a vacancy in the Deputy position. If the deadline is missed, the oversight committee leadership recommends an individual for appointment by majority vote of House and Senate leadership. The Deputy acts as Librarian during the Librarian’s absence, disability, or vacancy, with a parallel recommendation and leadership vote process to designate an acting Librarian if the Deputy is also unavailable.

This section establishes a new appointment process for the Director of the Government Publishing Office. The oversight committee leadership recommends three candidates, from which the House and Senate leadership appoints the Director by majority vote, without regard to political affiliation and based solely on fitness. It eliminates Senate confirmation, authorizes removal by majority vote of the House and Senate leadership, and provides that the Director is not considered to serve under a political appointment for purposes of section 747 of the Financial Services and General Government Appropriations Act, 2024, or similar provisions. It also adds related definitions for commission, House and Senate leadership, and oversight committee leadership.

This section establishes timelines and procedures for appointing the Deputy Director of the Government Publishing Office. The Director must appoint within 120 days of assuming office or a vacancy; otherwise, oversight committee leadership recommends a candidate for appointment by majority vote of House and Senate leadership. It also designates the Deputy Director to serve as acting Director during vacancies and outlines leadership involvement if both positions are vacant.

This section transfers supervisory authority over the Copyright Office from the Librarian of Congress to the Register of Copyrights. It provides for presidential appointment of the Register, with Senate confirmation, after joint recommendations from the House Administration, House Judiciary, Senate Rules and Administration, and Senate Judiciary Committees. It removes Librarian approval requirements for regulations and proceedings in sections 111, 112, 114, 115, 118, 119, 701, 702, 704, 801–803, and 1007 of title 17.

This section applies the Congressional Accountability Act of 1995 to the Government Publishing Office by adding the agency to the definition of covered employee and employing office under 2 U.S.C. 1301(a). It also makes conforming amendments to title 5 provisions that previously treated the Government Publishing Office as an executive agency for merit system, whistleblower, and performance management purposes.

This section establishes a human capital management system for the Government Publishing Office that incorporates the merit system principles and prohibited personnel practices under title 5, bars prohibited political activities, requires appointments and promotions based solely on merit and fitness, and grants hiring preferences consistent with those in the executive branch. The Director may issue related regulations only after public notice and comment and with Joint Committee on Printing approval. It also updates terminology in 44 U.S.C. 305(a) and preserves pending claims under title VII of the Civil Rights Act of 1964, chapter 71 of title 5, and specified Merit Systems Protection Board procedures.

This section authorizes the Government Publishing Office to 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. It eliminates the prior mandatory requirement for such work at the Government Publishing Office, along with its exceptions for urgent or field printing and the separate authorization requirement.

This section provides that the Act and its amendments apply on and after the date of enactment, except that appointment rules for the Librarian of Congress, Deputy Librarian of Congress, Director and Deputy Director of the Government Publishing Office, Register of Copyrights, Associate Registers of Copyrights, Copyright Royalty Judges, and Copyright Claims Officers apply only to appointments made on or after that date; removal rules apply to individuals appointed before, on, or after that date; pay rules apply on the first day of the first applicable pay period beginning on or after that date; and the human capital management system for the Government Publishing Office takes effect 180 days after enactment.

This section provides that if any provision of the Act or amendment made by the Act is held unconstitutional, the remainder of the Act and its application to other persons or circumstances remains in effect.