Justice Department's Todd Blanche appointed acting Librarian of Congress

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27. The courts disagree

See post #24.

The Congressional Budget Office and the GAO both are legislative branch agencies. The Library of Congress has been held to be an executive branch agency. Neither the CBO nor GAO are subject to the Administrative Procedure Act, the Library is. In the case of the CBO, the director is appointed by the Speaker of the House and the Senate's President Pro Tem. While GAO is headed by the Comptroller General, who is a presidential appointee, how the CG is appointed is the subject of a rather convoluted statutorily mandated procedure unlike anything applicable to the Librarian of Congress.

How the Comptroller General is Selected

The Congress established the current procedure for nominating a Comptroller General when it passed the GAO Act of 1980. Under the act, the Comptroller General is appointed by the President with the advice and consent of the Senate. When a vacancy occurs in the office of the Comptroller General, the Congress establishes a commission to recommend individuals to the President. The commission consists of the following:

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
The Chairman and Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs
The Chairman and Ranking Member of the House Committee on Oversight and Government Reform
The commission must recommend at least three individuals to the President, and the President may request that the commission recommend additional individuals. The President then selects an individual from those recommended to nominate as the new Comptroller General. The President's nomination must be confirmed by the Senate. Comptrollers general are appointed for one nonrenewable 15-year term.