[Senate Hearing 118-020]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 118-020

                  OVERSIGHT OF THE LIBRARY OF CONGRESS

=======================================================================

                                HEARING

                               before the

                 COMMITTEE ON RULES AND ADMINISTRATION
                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                              MAY 10, 2023

                               __________

    Printed for the use of the Committee on Rules and Administration





               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]




                  Available on http://www.govinfo.gov

                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

52-351 PDF                WASHINGTON : 2023













                 COMMITTEE ON RULES AND ADMINISTRATION

                             FIRST SESSION

                  AMY KLOBUCHAR, Minnesota, Chairwoman

DIANNE FEINSTEIN, California         DEB FISCHER, Nebraska
CHARLES E. SCHUMER, New York         MITCH McCONNELL, Kentucky
MARK R. WARNER, Virginia             TED CRUZ, Texas
JEFF MERKLEY, Oregon                 SHELLEY MOORE CAPITO, West 
ALEX PADILLA, California                 Virginia
JON OSSOFF, Georgia                  ROGER WICKER, Mississippi
MICHAEL F. BENNET, Colorado          CINDY HYDE-SMITH, Mississippi
PETER WELCH, Vermont                 BILL HAGERTY, Tennessee
                                     KATIE BOYD BRITT, Alabama

                    Elizabeth Farrar, Staff Director
               Rachelle Graves, Republican Staff Director










                         C  O  N  T  E  N  T  S

                              ----------                              
                                                                  Pages

                         Opening Statement of:

Hon. Amy Klobuchar, Chairwoman, a United States Senator from the 
  State of Minnesota.............................................     1
Hon. Deb Fischer, a United States Senator from the State of 
  Nebraska.......................................................     3
Dr. Carla Hayden, Librarian of Congress, Library of Congress, 
  Washington, DC.................................................     4

                         Prepared Statement of:

Dr. Carla Hayden, Librarian of Congress, Library of Congress, 
  Washington, DC.................................................    17

                            For the Record:

Joint statement from The Committee of 100 on the Federal City and 
  the DC Preservation League.....................................    24

                  Questions Submitted for the Record:

Hon. Amy Klobuchar, Chairwoman, a United States Senator from the 
  State of Minnesota to Dr. Carla Hayden, Librarian of Congress, 
  Library of Congress, Washington, DC............................    28
Hon. Deb Fischer, a United States Senator from the State of 
  Nebraska to Dr. Carla Hayden, Librarian of Congress, Library of 
  Congress, Washington, DC.......................................    32
Hon. Jon Ossoff, a United States Senator from the State of 
  Georgia to Dr. Carla Hayden, Librarian of Congress, Library of 
  Congress, Washington, DC.......................................    47
Hon. Ted Cruz, a United States Senator from the State of Texas to 
  Dr. Carla Hayden, Librarian of Congress, Library of Congress, 
  Washington, DC.................................................    56
Hon. Bill Hagerty, a United States Senator from the State of 
  Tennessee to Dr. Carla Hayden, Librarian of Congress, Library 
  of Congress, Washington, DC....................................    58










 
                  OVERSIGHT OF THE LIBRARY OF CONGRESS

                              ----------                              


                        WEDNESDAY, MAY 10, 2023

                               United States Senate
                      Committee on Rules and Administration
                                                     Washington, DC
    The Committee met, pursuant to notice, at 2:50 p.m., in 
Room 301, Russell Senate Office Building, Hon. Amy Klobuchar, 
Chairwoman of the Committee, presiding.
    Present: Senators Klobuchar, Fischer, Ossoff, Bennet, 
Welch, and Hagerty.

  OPENING STATEMENT OF HONORABLE AMY KLOBUCHAR, CHAIRWOMAN, A 
       UNITED STATES SENATOR FROM THE STATE OF MINNESOTA

    Chairwoman Klobuchar. Good afternoon. We are looking 
forward to this hearing. I call to order the hearing on 
Oversight of the Library of Congress.
    I would like to thank Ranking Member Fischer for her work, 
as well as the Librarian of Congress, Dr. Carla Hayden, for 
again, appearing before this Committee, this time not for 
confirmation, but for talking about, as you have done in the 
past, your work.
    There is just a lot of interest, as you know, from past 
hearings in this building about the Library of Congress, 
especially now that people are going back, and I am sure you 
have many visitors to the Library again.
    Several Senators, we had a dinner with--a bipartisan dinner 
last night, and a number of Senators mentioned that they were 
fans of you and your work, including people from both sides of 
the aisle, so just putting that out there first.
    I think I have mentioned this before, maybe Senator Fischer 
does not know, but my dream when I was growing up was to be a 
librarian. Yes, I actually had a Dewey Decimal System set up 
with the books that I read in a recipe box. But instead, we are 
here. We are here, in fact, to discuss the largest library in 
the world and the oldest federal cultural institution in the 
United States, the Library of Congress. Two weeks ago, the 
Library celebrated its 223rd birthday.
    As we know, the Library holds over 175 million books, 
manuscripts, and other materials. It has the world's largest 
collection of films, sheet music, and sound recordings, 
something I was reminded of very memorably when Joni Mitchell 
got the Gershwin Award, and Speaker McCarthy and I were there 
and several others, and it was an incredible actually two 
evenings for the dinner



and then for the major production afterward with so many great 
artists.
    I want to thank you for having the wisdom to decide to 
honor Joni Mitchell. I am sure it was with a committee, but in 
the end, Dr. Hayden, you had a major role in making that 
decision and making that event work for so many people.
    Dr. Hayden, you and your dedicated staff play a critical 
role in collecting, preserving, and making this vast collection 
in the Library of Congress accessible to the American people. I 
learned that you have had 370,000 people visit the Library last 
year and a 75 percent increase in events from the fiscal year 
before, while even more Americans accessed your collections 
online. That is more than 151 million visits online. I think I 
am sure we will hear about how the pandemic had a silver 
lining. Not a lot of good stuff, but at least am sure more 
people started visiting the Library online.
    I mentioned the Joni Mitchell event, but your efforts also 
included celebrating our culture, including Lizzo, who lived in 
my state for many, many years. That is where she kind of got 
her start, and she played the James Madison crystal flute at 
the Library last fall.
    As we approach the end of the Library's five year strategic 
plan and 2019 digital strategy, you have also dedicated 
significant effort to modernizing the Library's technology and 
infrastructure. I know that we will want to hear about that.
    One topic that I look forward to hearing more on is the 
Library's Visitor Experience Master Plan, a multiyear proposal 
which Congress approved on a significant bipartisan basis in 
2019 to improve the visitor experience at the Library.
    The plan includes an orientation gallery to guide visitors 
through the Library, learning resources for younger visitors, 
and new displays. As the project moves forward, it is essential 
that it is done, as you and I have discussed, in a way that 
respects and preserves the Library's historic buildings. I know 
that changes have been made to the plan for the Main Reading 
Room, including removing the oculus window from the design, and 
you are working closely with the acting Architect of the 
Capitol on these efforts, as you note in your testimony.
    The Library also oversees something pretty significant to 
all of us right now, soon to be even more significant, I 
believe, with the advent of artificial intelligence, and that 
is the United States Copyright Office, which safeguards the 
work of artists and creators across the country, critical to 
the vitality of our economy.
    According to a study released last year, businesses and 
artists who rely on copyrights contribute more than 1.8 
trillion dollars to our economy. That translates to 8 percent 
of total U.S. GDP and 9.6 million jobs.
    Modernizing the Copyright Office to keep pace with the 
latest technology and the content that it supports is a 
priority for our Nation, and I appreciate the office's progress 
in updating its procedures and reducing the average processing 
time for copyright registrations.
    Another part of the Library that we will hear about is the 
nonpartisan support provided to Members of Congress and staff 
by the Congressional Research Service, or CRS, which responded 
to more



than 73,000 requests in the last fiscal year from Members of 
Congress, and its impact extends far beyond Congress, with 
thousands of CRS reports then available to the public.
    Finally, the National Library Service for the Blind and 
Print Disabled, as the primary provider of reading material for 
Americans who cannot read print, helps to ensure that the 
Library's resources are available to everyone.
    Ensuring access to modern braille devices has always been 
one of my top priorities for the Library. When I early on got 
on this Committee I started working on that, and I look forward 
to hearing more on the ongoing work, including providing 
braille e-readers and its growing Library of nearly 164,000 
downloadable braille and audio reading materials.
    In the end, the Library, I think we know, has this 
incredible celebrated history, and the work that you are doing, 
Dr. Hayden, is vital to the success for generations to come. 
That obviously includes your team, some of whom are sitting 
behind you.
    I now recognize our Ranking Member Fischer, for her opening 
statement. Thank you, Senator Fischer.

  OPENING STATEMENT OF HONORABLE DEB FISCHER, A UNITED STATES 
               SENATOR FROM THE SATE OF NEBRASKA

    Senator Fischer. Thank you, Madam Chair, for calling this 
oversight hearing regarding the Library of Congress. Thank you, 
Dr. Hayden, for being with us this afternoon. I love visiting 
the Library, and I want to tell you that my staff recently was 
able to take a field trip and visit the Library. They had a 
tour there and they told me about what a wonderful experience 
they had as well.
    Thank you for that. I am pleased to be here on the dais for 
my first Library of Congress oversight hearing as Ranking 
Member of this Committee. I have been a Member of the Committee 
since 2017, and in the intervening years, the Committee has 
made a point to regularly discuss the Library's modernization 
efforts during oversight hearings. In my view, that is a clear 
testament to the importance of these efforts.
    The Library of Congress should strive to be a global leader 
in the management and preservation of information, while also 
providing free and open access to its collections for all. 
Keeping up with technological developments is a key to 
accomplishing these goals. Dr. Hayden, you have been serving as 
the Nation's librarian since 2016.
    Certainly, you have been busy as the Library works to 
improve its services and increase access for its many 
customers, including the Congress, copyright users, 
researchers, visitors, and the American public.
    At the forefront of these efforts is the Library's push to 
modernize its enterprise wide information technology systems. 
Shortly before you arrived at the Library in 2016, the 
Government Accountability Office issued a critical report that 
highlighted serious gaps in the Library's information 
technology infrastructure, and they provided a long list of 107 
recommendations.
    I know that over the last six years, the Library has made 
great strides in centralizing its IT systems and closing out 
nearly all of the GAO's recommendations. I am also aware that 
the Library has



been leading an exciting project in the Thomas Jefferson 
Building to improve visitor access to its priceless 
collections.
    I want to congratulate you, Dr. Hayden, on recently hitting 
$20 million in private pledges for this visitor experience 
project. I look forward to hearing more about the details of 
this endeavor. My hope is that the Library will be able to 
create a visitor experience that best serves its customers, 
while also ensuring that the costs are controlled.
    Finally, I understand that the Library has made significant 
efforts to increase digital access to its collection for 
members of the public. I look forward to hearing more about 
these efforts and about the Library's many other ongoing 
initiatives during this hearing today. Thank you, Madam Chair.
    Chairwoman Klobuchar. Thank you very much, Senator Fischer, 
and thank you for your really good opening statement. Our 
witness today, as I noted, is Librarian of Congress Dr. Carla 
Hayden.
    Dr. Hayden was sworn in as the 14th Librarian of Congress 
in September 2016, after being appointed by President Obama and 
confirmed by the Senate in a vote of 74 to 18. That is pretty 
good by today's standards. She is the first woman and the first 
African American to lead our Nation's Library.
    Dr. Hayden previously served as the CEO of Enoch Pratt Free 
Library in Baltimore, Maryland, beginning in 1993. Earlier in 
her career, she held positions with the Museum of Science and 
Industry in Chicago, University of Pittsburgh, and Chicago 
Public Library. Dr. Hayden received her undergraduate degree 
from Roosevelt University, and her Master of Arts and Ph.D. 
from the University of Chicago, where I also went for graduate 
school.
    Dr. Hayden, if you could please stand and raise your right 
hand. Do you swear that the testimony you will give before the 
Committee shall be the truth, the whole truth, and nothing but 
the truth, so help you God?
    Dr. Hayden. I do.
    Chairwoman Klobuchar. Thank you. You can be seated. We will 
proceed to your testimony and recognize you for a five minute 
opening statement.

 OPENING STATEMENT OF DR. CARLA HAYDEN, LIBRARIAN OF CONGRESS, 
              LIBRARY OF CONGRESS, WASHINGTON, DC

    Dr. Hayden. Thank you, Madam Chairwoman and Ranking Member 
Fischer, for this opportunity to provide an update on the 
Library of Congress and its operations.
    The Library of Congress is the largest Library in the 
world, with the collection of more than 175 million items. Now 
in the fifth and final year of our current strategic plan, the 
Library is looking ahead to a new plan that will build upon our 
ongoing efforts to expand access, enhance services to Congress 
and the public, and become more digitally enabled.
    We appreciate the support and interest of this Committee as 
we continue on our more than 220 year history as a steward of 
the national collection and a repository for our shared 
cultural heritage.
    In fiscal year 2022, the Library responded to hundreds of 
thousands of reference requests from Congress, the public, and 
other



Federal agencies. The Congressional Research Service, or CRS, 
published nearly 1,100 new products.
    The United States Copyright Office issued more than 484,000 
registrations, a 16 percent increase over fiscal year 2021, 
while bringing the average processing time down from 3.4 months 
to about 2 months currently, or as little as 1.2 months for 
electronic claims requiring no correspondence. The National 
Library Service for the Blind and Print Disabled, or NLS, 
circulated more than 22 million copies of braille, audio, and 
large print material to patrons throughout the country.
    The Library returned to normal operations for the visiting 
public in fiscal year 2022, welcoming approximately 370,000 
visitors to our buildings, which are once again buzzing with 
researchers, visitors, school groups, and tourists.
    Onsite events are back at a very robust level, and we have 
launched a new public event series, Live at the Library, which 
extends our hours on Thursday evenings to provide new 
opportunities for people to visit our exhibits and connect with 
our programing.
    In support of our goal to expand access, the Library is 
moving forward in an exciting way to enhance our physical 
space. In partnership with the Library's Authorization and 
Appropriations Committees of jurisdiction and the Architect of 
the Capitol, the Library is creating an all new visitor 
experience that will invite visitors to discover more of our 
treasures, our programs, and services.
    The Visitor Experience Master Plan, which was approved by 
Congress in 2019, includes an orientation gallery that will 
feature the restoration of Thomas Jefferson's Library, a youth 
learning center where young learners and families can interact 
with our collections, and for the first time, a Treasures 
Gallery to display the wonders, scope, and history contained 
within our special collections.
    The Library remains committed to ensuring this project is 
implemented for the America 250 celebrations in 2026. We are on 
or under budget in nearly all library specific components, and 
in some instances have had to make difficult decisions to 
simplify design elements to ensure a judicious project 
schedule.
    While the timeline in the significant AOC construction 
budget increases recently identified by the AOC are impacted by 
a number of factors, including general construction escalation 
costs, the Committee's direct involvement and unwavering 
support of the project, and that of the Acting Architect of the 
Capitol, will continue to ensure critical milestones are 
reached and that we are able to open these wonderful offerings 
to the public for the 250th anniversary of the United States.
    In addition to our in-person offerings, we have a robust 
and expanding online presence. Virtual programing and live 
streaming at the Library signature events like the National 
Book Festival have meant that we can reach more people in their 
homes even as we return to hosting large scale in-person 
programs. Our web properties recorded over 151 million visits 
in fiscal year 2022.
    One of our most popular programs, the Veterans History 
Project now has more than 114,000 individual collections 
accessible online through a new modern website. Our By the 
People transcription program increased its outreach footprint, 
enlisting members of the



public to complete over 500,000 transcriptions since 2018, and 
all of this serves to make items in the collection more 
discoverable online.
    Yes, modern IT initiatives are underway in several key 
Library service units. This includes efforts to upgrade the 
technology in CRS, and to develop a modern Library collections 
platform to manage our holdings.
    I am pleased to report that we have launched two key 
components of the new enterprise copyright system, a new 
copyright public records system, and the first ever electronic 
system to record and update information about copyright 
ownership. They are all live to the public and we are receiving 
positive feedback.
    The development for the next generation copyright 
registration system has begun, and we have also released a 
major upgrade of the Braille and Audio Reading Download (BARD) 
System for the blind and print disabled readers.
    To conclude, the Library is excited about the progress that 
has been made and we are moving steadily ahead with the work 
that remains to be done. As always, we remain committed to 
providing you, Congress, with excellent service.
    I thank you for your continued interest and support, and I 
would be pleased to take any questions you may have.
    [The prepared statement of Dr. Hayden was submitted for the 
record.]
    Chairwoman Klobuchar. Well, thank you very much, Dr. 
Hayden. We have been joined by Senator Welch, who has moved up 
from his new guy slot down there, figured since he has been in 
Congress as long as I have, he was just over in the other 
House, and we are pleased that he is here for his first 
oversight hearing of the Librarian of Congress.
    Why don't we start with the Visitor Experience Master Plan, 
which I noted has bipartisan support in Congress, this new 
exhibit space. We were excited to hear about some of the new 
projects you mentioned.
    Can you talk about the goals of the plan? If it is 
progressing on time? In your written testimony, you said that 
the projects in the plan will not impact the historic Great 
Hall Main Reading Room, nor the Library's support of onsite 
research.
    What steps is the Library taking to ensure that any changes 
are consistent with historic preservation standards and are you 
committed to ensuring that any concerns in this area are fully 
considered?
    As you know, my own husband asked me about the historic 
circulation desk. He does not usually inquire about matters of 
oversight in the Rules Committee. I felt that I should ask that 
question.
    As you know, he is a big user of the Library as a law 
professor and author. Anyway, mostly just how is the plan 
going, and talk a little bit about the historic standards.
    Dr. Hayden. We continue to be very excited about this 
project because it will transform the constituents' experience 
in visiting the Library, at the same time respecting and 
preserving the historic Thomas Jefferson building. The project 
has three parts.



    The current gift shop will be converted into an education 
center. Back of house space that is no longer needed for its 
original purpose will be converted to an orientation gallery. 
Both of these spaces are designated by the AOC as renovation 
zones rather than historic restoration or preservation zones, 
unlike the Great Hall or the Main Reading Room.
    Chairwoman Klobuchar. The orientation spaces for like--that 
is going to be for groups that are coming in to----?
    Dr. Hayden. Groups, individuals. There will be a welcome 
area. There also will be a gateway----
    Chairwoman Klobuchar. Yes----
    Dr. Hayden [continuing]. from the Capitol Visitor Center.
    Chairwoman Klobuchar. Okay. Oh----
    Dr. Hayden. Because we receive thousands of visitors coming 
directly from the Capitol Visitor Center and we have been 
seeing them recently with the reopening of the Capitol Visitor 
Center. You have groups, individuals that will be coming----
    Chairwoman Klobuchar. Keep going. Where is the gift shop 
going? Not that I would ever care. Just, you know, for the 
record.
    Dr. Hayden. Well, the gift shop will actually be on two 
sides of the Great Hall, and that will be the structures that 
will be the same glass. We were working with the and have 
worked with the Architect of the Capitol.
    They will sit on the floor of the room. They are not 
attached to anything on the walls or anything like that. The 
gift shop will move in. Where that gift shop is currently, will 
be converted into the education center.
    Then the third space and the third part is the Treasures 
Gallery, which uses existing exhibit space. It is directly 
across from where we put in exhibits that are temporary, like 
the current exhibit, Join In, about voluntary or associations. 
The Treasurer's Gallery, a learning center, and also----
    Chairwoman Klobuchar. Okay. What is the timetable for all 
of it?
    Dr. Hayden. The timetable, the Treasures Gallery is 
scheduled to be one of the first of the three elements to open 
in 2024, and exhibit fabrication has begun on the exhibit 
cases. The gift shop will also open in 2024 on both wings of 
the first floor of the Great Hall.
    The Youth Center is scheduled to open in the fall of 2025, 
and we have been working very closely with focus groups of 
young people, including a number of congressional kids and 
grandkids, and they have been directly involved in this project 
and very candid about their thoughts.
    They have selected the name for the center to be, The 
Source.
    Chairwoman Klobuchar. That is good. Like it.
    Dr. Hayden. Very good. It is targeted for basically ages 7 
to 13 in particular. The orientation space is scheduled to open 
in 2026 in tandem with the celebration of America 250, and that 
will include Thomas Jefferson's Library. A look into the stacks 
for the visitors who often say, where are the books when they 
come into the Library.
    They will get a chance to see one section of the 836 miles 
of shelving that the Library of Congress has. There will be 
talk about



that, and new space to tell the story of the Library Congress, 
and those are the main components.
    Chairwoman Klobuchar. Okay, very good. Well, I have some 
copyright questions that are a little less fun than this, but I 
will save those and allow my colleagues to go forward. Senator 
Fischer.
    Senator Fischer. Thank you, Madam Chair. Dr. Hayden, the 
Visitor Experience Master Plan, it requires a crucial 
partnership with the Architect of the Capitol, as the Architect 
is responsible for the maintenance of all Library buildings and 
grounds, as well as major projects.
    Can you speak to the Library's working relationship with 
the Architect of the Capitol and the AOC staff on the Visitor 
Experience Project? What does your partnership look like?
    Dr. Hayden. You are correct that we have worked very 
closely with the AOC on this project from the very beginning, 
and I am in regular contact personally with the Acting 
Architect of the Capitol, the two and a half months that she 
has been in the position.
    She has opened lines of communication that we really needed 
to have. We are very concerned about projected cost and 
schedule overruns, as I was giving the projections of when 
things would open.
    We are very concerned because we feel we have given the 
Architect of the Capitol needed information to start some of 
their pre-construction and construction work, and we have not 
increased the scope or complexity of any of the designs in any 
way.
    When we were given, for instance, a cost estimate on the 
AOC side last month and it has changed significantly in one 
month, we are really looking forward to working even more 
closely to find out what the details are. On the Library side, 
we are on or near budget.
    This is the major concern and sometimes frustration that we 
are having. But we are pleased that our Acting Architect of the 
Capitol has taken hold of it.
    Senator Fischer. Great. I hope that you will feel that you 
can discuss some of the challenges that you may have in the 
future. This is such an important project. It would be great to 
get it done on time to be able to celebrate our 250th 
anniversary with it.
    My recommendation would be, and of course, we would have to 
work with the Chair on this as well, to be able to find if 
there are any ways that the Committee and staff could be of 
help to you in moving forward on this when you may reach those 
big bumps in the road and those challenges ahead.
    I certainly want to see this project completed and done in 
a responsible way, because I believe your past leadership has 
shown you capable of doing that, and we want to be helpful.
    Dr. Hayden. We would certainly deeply appreciate your 
support in this effort. Before the pandemic, the Library had 
in-person visits of over 2 million people coming and they are 
starting to come back. To be able to welcome them with the 
Library's story and history--America 250 is our goal. We would 
love to have it done by then, so thank you.
    Senator Fischer. Right. It is--the Library is such a 
treasure for us all. A couple quick answers. The Library, or 
who at the Library is responsible for overseeing the day to day 
coordination and man



agement of the master plan project? Is there a project 
management officer?
    Dr. Hayden. There are a number of staff members that are 
involved, including our operating officer and the staff that 
works regularly with the Architect of the Capitol and the 
management of the buildings there.
    The chief exhibit designer and the person who has bridged 
not only Library internal workings, but also working with the 
Architect of the Capitol and the design firms for exhibits, is 
David Mandel. He came to us from the Civil Rights Museum in 
Atlanta, and previously he had worked with the New York 
Historical Society.
    He is well versed in that.
    Senator Fischer. Okay. Thank you. My time is up. I hope to 
ask you more questions on our next round. Thank you.
    Chairwoman Klobuchar. Okay. Very good. Thank you, Senator 
Fischer. That Atlanta Museum is well known. It is a really 
amazing experience to go through that. That is great. I also 
want to mention Senator Fischer's questions and the Architect 
of the Capitol. We have been working together to make sure 
there is more accountability there than there has been in the 
past, including partnership with you.
    We are pleased with the work of the Acting Architect of the 
Capitol. We are actually introducing legislation today that is 
bipartisan and bicameral with the House leaders, 
Representatives Steil and Morelle, to take the Architecture of 
the Capitol and back--well, it never was, in the jurisdiction 
of the Capitol, as it should, so that we will be making the 
decisions of who is hired for that job and also have 
accountability to us, which makes sense.
    We think that will help with some of the coordination 
issues that you are referring to. The fact that it has such 
broad support from our leaders and from all of us I think is a 
good sign. Thank you. Next up, Senator Welch.
    Senator Welch. Thank you very much. Welcome. You know, all 
of us here have the benefit of access to the Library and have 
been the beneficiaries of some extraordinary experiences there. 
The exhibits--also, what was that area you took us on a tour 
of, of preservation? Remarkable people----
    Dr. Hayden. Preservation and conservation----
    Senator Welch. Yes----
    Dr. Hayden [continuing]. laboratories.
    Senator Welch. Right. You are talking about the visitors 
that are coming, 2 million, and have been there. But the 
digital program is what makes this within reach for lots of 
Vermonters, lots of folks in rural America, lots of folks who 
just do not have the opportunity to make the trip here.
    I wanted to talk to you a little bit about that, because I 
do think that that is such a tremendous mechanism by which to 
expand the reach and access of the extraordinary collections at 
the Library to Vermonters and folks all across the country.
    Can you just elaborate a little bit on that, what is 
involved, what we can do to enhance it, and what kinds of 
things are within reach through the digitization process? Thank 
you.



    Dr. Hayden. One of the lessons learned and opportunities 
during the pandemic was our ability to have virtual programing 
that had a certain level of excellence as well.
    We were able to perfect our approach and use some of our 
existing multimedia staff to record videos to be able to do 
live programing, and that is continuing. We have seen an 
uptick, particularly with programs like the National Book 
Festival, a one-day event, before the pandemic, of 200,000 
people in the convention center. During the pandemic, we were 
able to still have programing and we reached people in every 
state and worldwide, and so we will continue August the 12th 
with the in-person event, but also the virtual programing.
    The Thursday Evening Live at the Library, that I mentioned 
before is a new way to do it. That is also able to be live 
streamed and then watched on our website afterwards. We are 
making sure that we push out through social media the different 
programs that are available, the concerts that the Library has, 
the classical concerts and jazz and those things. They are also 
being broadcasted out.
    The digital access and the programing has really expanded 
our reach, and we have seen such an uptick in people viewing 
online, viewing whenever they can, and they do not have to be 
there in person. It has been a wonderful----
    Senator Welch. I mean, how does that work? You mean for 
like a program, you can go on the link, and you can call it up, 
and see a recording of it?
    Dr. Hayden. For different programs, some you can watch 
simultaneously, some you can watch later, and they are on the 
Library's website. If you missed an author, you can go on to 
the website and view the author talk.
    Senator Welch. But you are digitizing some of your 
products--the collections----
    Dr. Hayden. Now the collection is another aspect.
    Senator Welch. Just go on about that a little bit. Explain 
that.
    Dr. Hayden. At this point of the 175 million items that the 
Library has, we have digitized 61 million items that are 
available, and that includes something that we were able to do 
during the pandemic, and that is to digitize the collections of 
23 Presidents, early Presidents from George Washington to 
Calvin Coolidge, the papers of Rosa Parks.
    Those collections are available for anyone to look at. We 
also have some collections that are rights free that are 
online--so what we are not putting on are things that are 
covered by copyright or that have rights restrictions. But the 
manuscript collections are the ones we are prioritizing.
    I would also mention that we had during the pandemic, and 
then continued, a transcription project with the public. 
Hundreds of thousands of items were transcribed and put up, 
like letters to Abraham Lincoln that had not been seen.
    Now you can see what he wrote, but also a transcription 
that you could probably read. All of this makes the collections 
come alive and we are putting up and making sure we digitize 
the unique things----
    Senator Welch. Right.



    Dr. Hayden. Teddy Roosevelt's diary. Clara Barton's 
diaries. Those are the things that you would have to come in 
person to see.
    Senator Welch. Great. Thank you. I yield back, Madam Chair. 
Thank you very much.
    Chairwoman Klobuchar. All right. Well, thank you. The votes 
being called but Senator Fischer is going to ask the one or so 
questions, and then I will finish up with a few more. Thank 
you, Senator Welch. Senator Fischer.
    Senator Fischer. Thank you. Just a short question for you, 
Dr. Hayden. The Library is looking at the final year of the 
current five year strategic plan.
    Can you talk about the success of the implementation and 
what benefits are the Library and its users going to be able to 
see as a result of this?
    Dr. Hayden. Well, this is the fifth and final year of our 
current plan, Enriching the Library Experience. It put the 
users in every part of the Library--the Congress, the creators, 
the connectors, the learners--at the heart of what we do, and 
it has guided us in terms of how we reach out to our customers, 
how we measure success, and also how we bring in the digital 
aspect to reach them.
    We have started this past summer on the new strategic plan. 
One exciting part about it is that we have come so far with the 
digitally enabling aspect from the previous plan. We had a 
separate digital strategy from the strategic plan--it was a 
separate.
    Now the digital strategy is going to be integrated in, and 
it has been really exciting. Our Chief Information Officer, 
Judith Conklin, who is here with us today and a cybersecurity 
expert, I have to mention that.
    Technology is baked into everything we do, and so that will 
be a wonderful part of synergy. We will be ready to launch the 
new strategic plan, new five year plan, fiscal year 2024 to 
2028, on October 1st. We will be, of course, briefing the 
Committees and everything before that. But it is really an 
exciting time because----
    Senator Fischer. Thank you.
    Dr. Hayden [continuing]. digital is part of everything now.
    Senator Fischer. It is. It is. Well, thank you very much, 
doctor.
    Chairwoman Klobuchar. Thank you very much, Senator Fischer. 
I promised copyright questions that I know you have been 
waiting for. Very simple area. Last year, the copy--that was 
sarcastic.
    Last year, the Copyright Office fully rolled out its online 
filing system as part of its effort to improve processing times 
for those seeking a copyright. Since you last testified before 
this Committee, the Office further reduced average processing 
times, which was one of the major goals for many of us, for 
copyright applications by nearly a month, down from 3.4 months 
to 2.7 months.
    What steps is the Copyright Office taking to continue 
reducing the amount of time it takes to process applications? 
Can you briefly explain the importance of the Copyright 
Office's ongoing work to make all of its public services, 
including records and licensing available online?
    You can take the online question first, and then go into 
the amount of time and what you are doing to try to reduce 
time.
    Dr. Hayden. The reduction in the processing times was 
significant and was a major effort because the processing time, 
and this



is even during the pandemic, decrease from those 3.4 months 
down to 2.7, and it has fallen even more during this fiscal 
year, and currently is 2 months. Ninety-eight percent of the 
applications are now being filed electronically and 85 percent 
of the applications for registration were received with 
electronic deposits.
    The backlog of physical deposit claims that existed before 
the pandemic have been eliminated. The recordation pilot and 
the public records were made available to the public. We have 
had an opportunity to make millions of record book pages 
available online that were before totally in print.
    We released hundreds of thousands of application cards. 
When you think about the outreach and what the Copyright Office 
has been able to do in terms of using technology, they are well 
on their way with their IT modernization, and they have a 
public advisory board that has been reviewing along the way 
their efforts and being part of the testing.
    We are looking at that as a model, too, for the CRS 
efforts.
    Chairwoman Klobuchar. I know that keeping the staffing on 
the CRS side as well--I was going to mention that--you brought 
up CRS--is going to be really important and maybe I will end 
with that, but I just have another copyright question.
    In March, the Copyright Office launched a new initiative to 
examine copyright law and policy issues raised by artificial 
intelligence. I assume that means you are going to solve all 
our artificial intelligence issues for the Nation.
    But in truth, if you could talk about this. I have actually 
been pushing people from the White House to our--my fellow 
Members of Congress in briefings, both closed door and open, 
that we want to make sure one of the major goals of any rules 
that we adopt, whether it is the Administration or through 
Congress, which I think we will have to pass laws as soon as 
possible, that we also clarify and include some of the 
protection of intellectual property.
    Then whether that is copyrighted news stories or whether 
that is movies or whether that is any kind of copyrighted 
material, especially since while there is an exception under 
Section 230 so that there can be lawsuits regarding copyrighted 
material, there has been a lot of fast and loose playing when 
it comes to our content online in the past by some of these 
major platforms, not to mention minor platforms.
    I am very concerned about that going forward since 
innovation and ideas and American leadership in that area has 
been one of the keys to the success of our incredible American 
economy. Losing that, no matter how desirable leading in AI is, 
which we understand the importance of that, but losing that 
right over new ideas and innovation could be devastating to our 
economy and to our way of life.
    In your view, how is the office doing in terms of keeping 
pace with technology challenges posed by copyright applications 
involving artificial intelligence? How can we be helpful?
    Dr. Hayden. The Copyright Office is very aware of the 
developments with AI technology. They are reviewing more and 
more applications for works created by AI. They also have 
rejected claims for copyright protection on works or portions 
generated by AI, on the grounds that copyright requires human 
authorship.



    They are also looking at how AI is going to affect the 
entire copyright system, including the issues with authorship, 
ingestion of large volumes of work for machine learning, and 
the register of copyright.
    Chair Perlmutter joined the Director of the United States 
Patent and Trademark Office in a letter last December to two 
Senators describing their initiatives and activities. Both 
agencies are working very hard. Just this March, the Office of 
Copyright launched a comprehensive initiative, including 
guidance that they provide to those seeking to register works 
created with AI tools.
    They hosted a series of events, and the Register of 
Copyrights has been a keynote at several of these events, 
assessing it and the copyright issues. They are soliciting 
public comments and a notice of inquiry. They are making use in 
their own office of using artificial intelligence, like how 
they can extract data.
    They know that the speed of AI is going to affect their 
work, so they have also been involved with some Federal 
litigation, and they even have issued a letter canceling a 
registration for a graphic novel that was later found out not 
to have been authored by that.
    They are very involved, and they have said that they know 
that this is going to make marriage a part, because of what you 
have said.
    Chairwoman Klobuchar. Thank you. Let me just have my last 
question here. Senator Hagerty has arrived, and it is fitting, 
given his home State of--Tennessee and Nashville--my question 
is about music, and that is the Music Modernization Act, 
bipartisan legislation I supported that became law in 2018 to 
update the music licensing process and make it easier for 
songwriters to receive compensation from digital streaming 
services.
    Last October, the Copyright Office proposed a new rule, 
which is supported by artists and songwriters, to clarify that 
songwriters should be the ones to receive royalties from 
streaming services if they have regained the rights to their 
music, not their former publishers.
    What do you expect the Copyright Office--when do you expect 
the Copyright Office to issue a final rule on this matter?
    Dr. Hayden. Well, thank you for the question, because it is 
an open rulemaking, and the Copyright Office must follow the 
rulemaking procedures set out under the Administrative 
Procedure Act. I will not be able to give any definitive on a 
timing. I would like to refer you, though, to the Copyright 
Office for the response, so they can provide a response for the 
record.
    Chairwoman Klobuchar. Okay. Thank you. I will do that. 
Thank you very much, Dr. Hayden. Senator Hagerty.
    Senator Hagerty. Thank you, Senator Klobuchar. Thank you 
for opening on my favorite topic of the music industry. Dr. 
Hayden, thank you for joining us today. It was nice to be with 
you at last night's leadership dinner. I think everybody had a 
wonderful time. Thank you for the hospitality.
    I also want to compliment your Youth Leadership Council, 
too. It is an excellent organization. To go back to the topic 
of music, I would like to talk with you about the United States 
Copyright Office. It is housed under the Library of Congress, 
and it has a



unique role in ensuring the responsible implementation of new 
technologies such as artificial intelligence.
    While artificial intelligence offers many promising 
benefits, its increasing prevalence does not come without 
certain drawbacks. Tennessee is home to so many performing 
artists and songwriters who have the potential to be greatly 
impacted by artificial intelligence.
    I am sure you are aware, last month, artificial 
intelligence was used to clone the voices of two artists, Drake 
and The Weeknd, and it was used to produce a song that went 
viral on social media.
    My first question, Dr. Hayden, is given the growing 
pervasiveness of AI, how does the Copyright Office plan to 
protect the copyrighted works and use of voices of performing 
artists?
    Dr. Hayden. I mentioned that the Copyright Office is very 
aware of the impact of AI, and they are now rejecting claims to 
copyright protection for works or portions of works generated 
by AI. That is on the grounds that copyright requires human 
authorship.
    They also are looking at the impact of AI on the broader 
system, and they are working with the United States Patent and 
Trademark Office as well regarding these initiatives. It is 
something that they are keenly aware of, and the Register of 
Copyrights, Chair Perlmutter, is very involved.
    Senator Hagerty. Could we go just into a little bit more 
detail on what you just mentioned, the decision by the 
Copyright Office that a work cannot be registered if it is made 
without any creative contribution from a human being, from a 
human actor? Just clarify that for us.
    Dr. Hayden. Well, I might not be able to clarify it as 
carefully as the Register, and she can provide that for you, 
for the record. We understand that the current copyright law 
requires human authorship, and the level is what is also a 
concern.
    Senator Hagerty. Okay. I appreciate coming back, getting 
more detail, but again, thank you for the leadership of the 
Copyright Office on this front. Also in March, the Copyright 
Office issued a statement of policy to clarify its practices 
for examining and registering works that contain the material 
that is used by AI.
    Undoubtedly it is going to play a significant role in the 
creative process. I very much appreciate the activity there at 
the Copyright Office of launching its new artificial 
intelligence initiative in March of this year. My hope is, Dr. 
Hayden, that you will continue to maintain your attention to 
this important matter.
    I am sure that you will. I would like to point out that it 
is not an issue that nearly applies to the music industry. 
Indeed, I think it represents a much larger and more complex 
set of issues that we are going to have to address as a Nation 
when we deal with artificial intelligence and as it 
proliferates across every aspect of our culture, society, our 
economy.
    But I think that you have an incredibly important role to 
play and an important leadership role to play that affects my 
state and an industry that is very important. Thank you for 
your leadership there. Madam Chairwoman.
    Chairwoman Klobuchar. Well, thank you very much, Senator 
Hagerty. I think I have to go vote at this moment, but I wanted 
to thank you, Dr. Hayden. It has been--I think we have covered



many of the topics I introduced. I will put some questions on 
the record about your work with the blind, as well as the work 
that we--I mentioned on staffing with CRS.
    But I am grateful for you for being here today and sharing 
all that you have done and are continuing to do to modernize 
and increase public access to the Nation's Library while 
preserving its rich history.
    It makes clear to me that the Library is a place for 
everyone, whether they are ones of the many visitors, and I 
loved your goals of getting those numbers up. Of course, we 
have seen a major increase since last year, but we want to 
share that with even more people.
    I hope that the changes that you are making, which Senator 
Fischer was so positive about, as I am as well, with the 
Treasures, and with the changes to have a Welcome Center, and 
The Source and the like, will be viewed as a reason for even 
people who have not been there for a while to return to the 
Library of Congress.
    We also, as noted by Senator Hagerty, artists and 
songwriters, protect their work in the Library of Congress and 
with the Copyright Office. Researchers delve into our history, 
like maybe my husband has done a few times, writing some books 
as a law professor. Visitors come to see the Library's 
beautiful exhibits, like Thomas Jefferson's collection of 
books.
    I look forward to continuing to work with my colleagues on 
this Committee to support the Library, as noted by our Ranking 
Member. I thought that was very important what she said, that 
is, you want to proceed with this project, and we are there 
with you and want to do anything to get whatever obstacles out 
of your way so you can get it done.
    As we always say, the obstacles are not obstacles. 
Sometimes the obstacles are the path, which means coming to us 
for help, and so we can support your Library and your dedicated 
employees. Thank you very much. The record will remain open for 
a week, and we are adjourned.
    Dr. Hayden. Thank you.
    [Whereupon, at 3:45 p.m., the hearing was adjourned.]






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