The US House of Representatives’ Committee on Administration has marked up legislation H.R. 6028, known as the ‘Legislative Branch Agencies Clarification Act’, that proposes the make the Librarian of Congress appointed by Congress and the position of Register of Copyrights by the White House.

Currently, the Librarian of Congress is a Presidential appointee, while the Register of Copyrights is appointed by the Librarian of Congress, with the advice and consent of the Senate. The Bill follows attempts in 2025 by the White House to remove Librarian of Congress Carla Hayden and Register of Copyrights Shira Perlmutter and replace them by officials from the Department of Justice. Perlmutter challenged legally her removal and courts sides with her.

The ‘Legislative Branch Agencies Clarification Act’ was introduced by Rep. Morgan Griffith (R-Va.). The 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.

Ensuring proper oversight

Specifically, the bill requires the Librarian to be appointed by a bipartisan congressional commission, without regard to political affiliation. The Bill specifies that the Librarian 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 to appoint a deputy within a set time frame.

The bill removes the Library of Congress’s supervisory authority over the Copyright Office, with the LOC and other legislative agencies providing support services to the Copyright Office. The bill requires the Register of Copyrights to be (1) a US citizen with a background and experience in copyright law, and (2) appointed by the President with the advice and consent of the Senate. The bill limits the term of office for the Register to 10 years, but the individual may be reappointed.

During a May 14 markup hearing, the Committee on Administration approved 11-0 for the Bill to be sent to the floor for discussion and vote. During the hearing, Griffiths said the Bill will ensure “proper oversight, continuity of leadership and operational efficiency.”

Creating structural inconsistencies

Griffiths added that despite being a legislative branch agency, the LOC’s leadership has been for over 100 years appointed by the President and confirmed by the Senate, creating “structural inconsistencies” and “uncertainty regarding the oversight and administration” of the institution.

“H.R. 6028 addresses this issue by updating the appointment and removal process for the Librarian of Congress,” said Griffiths who added that under the legislation, “bipartisans nominees will be recommended by the Chairs and Ranking members of the House Administration Committee and the Senate Rules committee. Congressional leadership would select the agency head.”

He added that given the central role of the Library of Congress, it was “only natural” that its leadership should be “selected through a process anchored inside the legislative branch.”

Clarify the governance of the Copyright Office

For Griffiths, the Bill also “clarifies the governance of the US Copyright Office, which is the center of protecting the intellectual propety right sof American creators, innovators and businesses.”

He went on: “In all fairness, the Copyright Office performs executive-like functions such as administrating copyright registrations and issuing regulations to reflect those responsibilities. The Bill provides that the Register of Copyrights will be appointed by the President with the advice and consent of the Senate. By modernising leadership structures, and clarifying lines of authority, H.R. 6028 strengthens the institutions that support Congress in fulfilling its constiitutiional duties.”

During the hearing, Ranking Member Rep. Joseph Morelle (D-NY25) provided what he described as “a little historical context,” by reminding the Committee that in May 2026, the President “unceremoniously dismissed” the Librarian of Congress Carla Hayden “via a two-sentence email from his staff” and “tried to unlawfully remove the Register.” He said “Congress and the country owe Hayden “a debt of gratitude, and, frankly, the President owes her an apology.”

An apolitical copyright system

Nonetheless, he went on, “it is time for us to move ahead,” turning his attention to the bill at hand. “I’ve long said that the Librarian of Congress should be appointed by Congress. Still, we need to make this change thoughtfully and with a clear understanding of its consequences, particularly for the Copyright Office.”

For Morelle, the Copyright Office has been part of the legislative branch for well over a century and “it should remain there.” Noting that the copyright community contributes more than $2 trillion annually to economy and supports more than 11 million American jobs, this can only be achieved with “a stable, reliable, apolitical copyright system.”

“So far, we’ve had that system, and the bill we consider today will help preserve it as a critical time for copyright stakeholders,” said Morelle, for whom the current proposal changes the appointment process by making the Director of the Copyright Office a presidential appointment with assent from the Senate, but keeps the Copyright Office close to the Library of Congress for operational purposes.

A naked power grab

The Library of Congress and the Copyright Office have operated “in partnership for more than 150 years,” said Morelle. “The Copyright Office relies on the Library’s infrastructure to carry out its responsibilities, while the library builds the collections through copyright deposits. Weakening that relationship would harm both institutions. The revised bill now establishes a transition period, allows the Copyright Office, which will remain in the legislative branch, to continue using the Library’s support services. It also requires the Register to consult with the Librarian before taking any action affecting the library’s access to copyright deposits.”

For these reasons, Morelle said he supported the Bill. However, he regretted that it did not address “a deeper structural problem at play that this bill alone cannot fix,” which is the funding of both institutions. “The Library, the Copyright Office and the other support agencies we rely on are funded out of a legislative branch budget that accounts for roughly 4/10th of 1% of all federal discretionary spending. If we are serious about legislating on complex issues like AI and copyright, we must be serious about supporting the institutions that make doing so possible.”

Reacting to the Bill, Meredith Rose, Senior Policy Counsel at Public Knowledge, a consumer advocacy group, usually known for its copyleft leanings, said the legislation was akin to “a naked power grab on behalf of the White House.” She went on: “It claims to solve the very real problem of the Copyright Office’s constitutional authority – but its solution to the complex administrative and constitutional issues is to simply say, ‘haha, mine now,’ and snag it and the Register’s role for the executive branch.”

(Picture under license from AdobeStock)