Sec. 2. Establishment and organization of the United States Copyright Office
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Section 701 of title 17, United States Code, is amended to read as follows: The United States Copyright Office is established as an agency in the legislative branch. The powers and duties of the United States Copyright Office shall be vested in a Director of the United States Copyright Office, who shall be a citizen of the United States and shall be appointed by the President, by and with the advice and consent of the Senate. The President shall make the appointment after receiving the recommendations of the commission established under subparagraph (B).
There is established a commission to recommend individuals to the President for appointment to the office of Director (in this subsection referred to as the commission ). The commission shall recommend at least three individuals for appointment to such office. The commission shall be composed of— the Speaker of the House of Representatives; the President pro tempore of the Senate; the majority and minority leaders of the House of Representatives and the Senate; and the chairmen and the ranking minority members of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.
The commission shall make its recommendations to the President for Director— in the case of the first Director appointed under this paragraph, not later than 60 days after the date of the enactment of the Copyright Office for the Digital Economy Act; and in the case of any subsequent vacancy in the office of Director, not later than 60 days after the date on which the vacancy occurs. If the commission does not make its recommendations to the President within the applicable 60-day period provided in clause (ii), the President may appoint a Director without receiving such recommendations.
The term of office of the Director shall be 10 years. An individual appointed Director under subparagraph
(A)shall not be eligible for reappointment to such office. An individual may serve as Director after the expiration of the term for which the individual was appointed until a successor has been appointed. The President may remove the Director solely for inefficiency, neglect of duty, or malfeasance in office. The Director shall appoint a Deputy Director of the United States Copyright Office, who shall be vested with the authority to act in the capacity of the Director in the event of the absence or incapacity of the Director. Before appointing a Deputy Director, the Director shall consult with the commission. The Deputy Director shall be a citizen of the United States and shall be appointed without regard to political affiliation. The Director and Deputy Director shall be persons who have a professional background and experience in copyright law. The Director shall appoint and fix the pay of such other officers, employees (including attorneys), and agents of the Office as the Director considers necessary to carry out the functions of the Office, define the title, authority, and duties of such officers and employees, and delegate to them such of the powers vested in the Office as the Director may determine. The Director shall appoint officers and employees under this subsection who have responsibility for administering technology and data systems of the Office. All administrative functions and duties under this title, except as otherwise specified, are the responsibility of the Director. In addition to the powers and duties set forth in other provisions of this title, the Office— shall advise Congress on national and international issues relating to copyright, other matters arising under this title, and related matters; shall provide advice and assistance to the executive branch and the Judiciary on national and international issues relating to copyright, other matters arising under this title, and related matters; shall participate in meetings of international intergovernmental organizations and meetings with foreign government officials, and shall serve on United States delegations, relating to copyright, other matters arising under this title, and related matters; shall conduct studies and programs regarding copyright, other matters arising under this title, and related matters, the administration of the Copyright Office, or any function vested in the Copyright Office by law, including educational programs conducted cooperatively with foreign intellectual property offices and international intergovernmental organizations; shall review and maintain its records and provide services in a manner that reflects applicable technological needs and developments; shall perform such other functions as Congress may direct, or as may be appropriate in furtherance of the functions and duties specifically set forth in this title; and shall adopt a seal to be used to authenticate all certified documents issued by the Copyright Office. No officer or agency of the United States shall have any authority to require the Director or any other officer or employee of the Copyright Office to submit legislative recommendations, or testimony or comments on legislation, to any officer or agency of the United States for approval, comments, or review before the submission of such recommendations, testimony, or comments to Congress. The Office— may acquire, construct, purchase, lease, hold, manage, operate, improve, alter, and renovate any real, personal, or mixed property, or any interest therein, as it considers necessary to carry out its functions; may make such purchases, contracts for the construction, maintenance, or management and operation of facilities, and contracts for supplies or services, including information technology, as it considers necessary to carry out the functions of the Office, without regard to the provisions of subtitle I and chapter 33 of title 40, division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ); may enter into and perform such purchases and contracts for printing services, including the processes of composition, platemaking, presswork, silk screen processes, binding, and microform, and the products of such processes, as it considers necessary to carry out the functions of the Office, without regard to sections 501 through 517 and 1101 through 1123 of title 44; may use, with their consent, services, equipment, personnel, and facilities of other departments, agencies, and instrumentalities of the Federal Government, on a reimbursable basis; and may retain and use, to carry out the functions of the Office, all of its revenues and receipts, including revenues from the sale, lease, or disposal of any real, personal, or mixed property, or any interest therein, of the Office. The Director shall, not later than 180 days after the end of each fiscal year, make and publish an annual report of the work and accomplishments of the Copyright Office for that fiscal year. . Section 101 of title 17, United States Code, is amended— by inserting after the definition of digital transmission the following: The term Director means the Director of the United States Copyright Office. ; and by inserting after the definition of copies the following: The terms Copyright Office and Office mean the United States Copyright Office. .
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Sec. 2
Establishment and organization of the United States Copyright Office
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