[Congressional Record Volume 162, Number 113 (Wednesday, July 13, 2016)]
[Senate]
[Pages S5041-S5045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. McCONNELL. Mr. President, I ask unanimous consent that, 
notwithstanding the provisions of rule XXII, the Senate proceed to 
executive session for the consideration of Calendar No. 592; that there 
be 15 minutes of debate only on the nomination, equally divided in the 
usual form; that upon the use or yielding back of time, the Senate vote 
on the nomination without intervening action or debate; that if 
confirmed, the motion to reconsider be considered made and laid upon 
the table; that the President be immediately notified of the Senate's 
action, and the Senate then resume legislative session without any 
intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report the nomination.
  The senior assistant legislative clerk read the nomination of Carla 
D. Hayden, of Maryland, to be Librarian of Congress for a term of ten 
years.
  Thereupon, the Senate proceeded to consider the nomination.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I rise in support of the nomination of 
Dr. Carla Hayden to be the head of the Library of Congress. President 
Obama nominated her on February 24, 2016, and the Rules Committee held 
a hearing on April 20, 2016.

[[Page S5042]]

  I thank the chairman of the Rules Committee, the Senator from 
Missouri, Mr. Blunt, and Senator Schumer.
  Why is there an urgency to confirm Dr. Hayden?
  Speaking as the vice chair of appropriations committee, the Library 
of Congress has $600 million of appropriations funded through the 
legislative branch and 3,000 employees. In addition to the work they do 
that is well known with the Library of Congress, they also oversee the 
U.S. Copyright Office for the entire Nation, which needs leadership and 
resources. The Library of Congress also needs to move into the digital 
age, and that is why President Obama nominated Dr. Carla Hayden.
  As Senators from Maryland, Senator Cardin and I know Dr. Hayden well. 
She has been head of the Maryland Enoch Pratt Free Library for 23 
years. She is distinguished. She was the past president of the American 
Library Association and was confirmed by the Senate in 2010 to serve on 
the National Museum and Library Services Board and has received 
numerous awards.
  She has proven herself to be a skilled manager of large, complex 
projects and handling large budgets. She moved the Enoch Pratt Free 
Library into the digital age by leading the renovation of IT 
infrastructure dating back to the 1930s. When she did that, she not 
only brought the library into the modern age, she avoided techno-
boondoggles and produced tangible results.
  She established a new wing dedicated to young adults, guided the $11 
million annex to house the library's oldest and rarest materials, and 
also made the library a statewide research institution. She is a 
transformational leader who receives kudos from community leaders, 
archivists, and academics.
  President Obama has nominated a qualified candidate, and our Nation 
will be well served by her confirmation.
  Mr. President, I ask unanimous consent that a statement by the 
American Library Association and other information related to Dr. 
Hayden be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the American Library Association]

    Broad Public, Library and Educational Sector Support of Hayden 
                               Nomination


   More than 140 national nonprofit and library groups, schools, and 
   academic libraries urge Dr. Carla Hayden's rapid confirmation as 
                         Librarian of Congress

       Washington, DC.--``The Library of Congress has never more 
     needed the unique combination of character, acumen and 
     humanity that Dr. Carla Hayden is so professionally, 
     intellectually and personally qualified to offer that great 
     institution. We urge her earliest possible approval by the 
     Rules Committee and rapid confirmation by the Senate,'' said 
     more than 20 leading national nonprofit organizations in the 
     letter below.
       Nonprofit supporters were also joined by two dozen 
     educational institutions (ranging from community colleges to 
     the Big Ten and Ivy League); two dozen additional academic 
     libraries from every corner of the country; more than a score 
     of national library groups; and virtually all of the nation's 
     state library associations. Organized by the American Library 
     Association (ALA), of which Dr. Hayden is a past-president, 
     the letter was transmitted late yesterday to the members of 
     the Senate Rules Committee which today holds its confirmation 
     hearing on her nomination to become America's 14th Librarian 
     of Congress.
       ALA President Sari Feldman previously said of Dr. Hayden's 
     nomination:
       ``The President could not have made a better choice. Hats 
     off to President Obama for nominating Dr. Hayden, a 
     professional librarian uniquely positioned with the 
     leadership and management skills and understanding of digital 
     technology to make the Library of Congress the preeminent 
     national library in the world, highly-valued by and serving 
     all Americans as a treasured resource. We look forward to 
     working closely with her to further librarians' bedrock 
     principle that all Americans everywhere deserve and must have 
     equitable access to the information that they need to succeed 
     and lead productive lives in the digital age.''
       The 140+ group letter of support follows:
       National organizations: American Booksellers Association, 
     American Historical Association, Authors Alliance, Bill of 
     Rights Defense Committee/Defending Dissent Foundation, 
     Citizens for Responsibility and Ethics in Washington, Center 
     for Democracy and Technology, Constitutional Alliance, 
     Electronic Frontier Foundation, Government Accountability 
     Project, Harry Potter Alliance, National Coalition for 
     Literacy, OpenTheGovernment.org, Organization for 
     Transformative Works, PEN American Center, Public Knowledge, 
     Reach Out and Read, Reading is Fundamental, Scholarly 
     Publishing and Academic Resources Coalition (SPARC), Society 
     of American Archivists, The OpenGov Foundation, The Sunlight 
     Foundation
       National Regional library organizations: National 
     Association of Law Libraries, American Association of School 
     Librarians, American Library Association, Association of 
     College and Research Libraries, Association for Library 
     Collections & Technical Services, Association for Library 
     Service to Children, Association for Specialized and 
     Cooperative Library Agencies, Association of Research 
     Libraries, Association of Southeastern Research Libraries, 
     Greater Western Library Alliance, Library Information 
     Technology Association, Library Leadership & Management 
     Association, New England Library Association, New Jersey 
     Association of College and Research Libraries, Public Library 
     Association, Reference and User Services Association, 
     Southeastern Library Association, United for Libraries: 
     Association of Trustees, Advocates, Friends and Foundations, 
     Urban Libraries Council, Urban Librarians Unite, Young Adult 
     Library Services Association
       Educational institutions: Agnes Scott College (Atlanta), 
     Appalachian State University (Boone, NC), Bates College 
     (Lewiston, Maine), Clemson (SC) University Libraries, 
     Dartmouth College (Hanover, NH), DePaul University (Chicago), 
     Goucher College (Baltimore), Grand Valley State University 
     (Allendale, Mich.), Illinois Wesleyan University 
     (Bloomington, Ill.), Missouri State University (Springfield, 
     Mo), Northwestern University (Evanston, Ill.), The 
     Pennsylvania State University (State College, Pa.), Rollins 
     College (Winter Park, Fla.), St. Charles Community College 
     (Cottleville, Mo.), Santa Clara University (Santa Clara, 
     Calif.), Skidmore College (Saratoga Springs, N.Y.), Trinity 
     University (San Antonio), University of Arkansas 
     (Fayetteville, Ark.), University of California, Los Angeles 
     (Los Angeles), University of Colorado Boulder (Boulder, 
     Colo.), University of Missouri-Kansas City (Kansas City, 
     Mo.), The University of New Orleans, Utica (N.Y.) College, 
     Wake Forest University (Winston-Salem, N.C.)
       Academic libraries: Appalachian State University Libraries 
     (Boone, N.C.), College of the Canyons Library (Santa Clarita, 
     Calif.), Denison University Libraries (Granville, Ohio), 
     Dominican University Graduate School of Library & Information 
     Science (Lake Forest, Ill.), Duquesne University Gumberg 
     Library (Pittsburgh), Florida State University Libraries 
     (Tallahassee, Fla.), The Furman University Libraries 
     (Greenville, S.C.), Georgia State University Library 
     (Atlanta), Georgetown University Library (Washington, D.C.), 
     Harvard Library (Cambridge, Mass), Ithaca (N.Y.) College 
     Library, Massachusetts Institute of Technology Libraries 
     (Cambridge, Mass.), Michigan Academic Library Association, 
     Montana State University Library (Bozeman, Mont.), Montgomery 
     College Libraries (Rockville, Md.), Montgomery College Paul 
     Peck Humanities Institute (Rockville, Md.), New York 
     University Division of Libraries, Oregon State University 
     Libraries and Press (Corvallis, Wash.), The Rockefeller 
     University Rita and Frits Markus Library (New York), Rowan-
     Cabarrus Community College Learning Resource Centers 
     (Salisbury, N.C.), Temple University Libraries 
     (Philadelphia), University of Arizona Libraries (Tucson, 
     Arz.), University of California Council of University 
     Librarians (11 campuses), University of Kansas Libraries 
     (Lawrence, Kan.)
       State library associations: Alabama Library Association, 
     Alaska Library Association, Arizona Library Association, 
     California Library Association, Colorado Library Association, 
     Connecticut Library Association, Delaware Library 
     Association, District of Columbia Library Association, 
     Florida Library Association, Georgia Library Association, 
     Hawaii Library Association, Idaho Library Association, 
     Illinois Library Association, Indiana Library Association, 
     Iowa Library Association, Kansas Library Association, 
     Kentucky Library Association, Louisiana Library Association, 
     Maine Library Association, Maryland Library Association, 
     Massachusetts Library Association, Michigan Library 
     Association, Minnesota Library Association, Mississippi 
     Library Association, Missouri Library Association, Montana 
     Library Association, Nebraska Library Association, Nevada 
     Library Association, New Hampshire Library Association, New 
     Jersey Library Association, New Mexico Library Association, 
     New York Library Association, North Carolina Library 
     Association, North Dakota Library Association, Ohio Library 
     Association, Oklahoma Library Association, Oregon Library 
     Association, Pennsylvania Library Association, Rhode Island 
     Library Association, South Carolina Library Association, 
     South Dakota Library Association, Tennessee Library 
     Association, Texas Library Association, Utah Library 
     Association, Vermont Library Association, Virginia Library 
     Association, Washington Library Association, West Virginia 
     Library Association, Wisconsin Library Association, Wyoming 
     Library Association
                                  ____


Questions for the Record Submitted by Chairman Roy Blunt for Dr. Carla 
                 Hayden, Librarian of Congress Nominee


                             Qualifications

       1. You led the Pratt Library amidst some very difficult 
     circumstances. What about that experience has prepared you to 
     lead the world's largest library?
       Answer: For more than 20 years leading the Enoch Pratt Free 
     Library, I ran a library

[[Page S5043]]

     system that was the State of Maryland's research and 
     reference library and an opportunity center for patrons of 
     all ages and abilities. I witnessed how the Library made a 
     significant impact on the lives of thousands of people, from 
     researchers to job seekers.
       During my tenure at the Pratt, the Library faced severe 
     fiscal challenges, and transitions in management structures. 
     At the same time, it strikingly became the main source of 
     public computing for literacy and life empowerment. I led the 
     Pratt Library as it redefined and refined its role as the 
     research and reference library for the entire State of 
     Maryland, providing internet service, staff training, public 
     programs and digitization of collections. I enlisted 
     substantial private and public support for the library, 
     including major capital projects and technological 
     improvements. My leadership required intense board and donor 
     cultivation as well as cooperative work with all levels of 
     government. As the primary advocate for the Library, I spoke 
     to various constituencies, represented the institution in 
     media, and made presentations on the needs of the Pratt 
     Library to various stakeholders.
       2. If confirmed, what goals and perspectives will you bring 
     to the Library of Congress, and how will they advance the 
     mission of the Library?
       Answer: My primary goals for the Library of Congress are 
     threefold: to ensure that it serves Congress at the highest 
     level; to expand and enhance the reach of the Library's 
     collections to innumerable settings throughout the country, 
     including classrooms and public libraries; and to engage key 
     stakeholders, including in the copyright community, to 
     address how the Library can best meet their needs.
       Should I be confirmed, my perspective and experience will 
     assist the Library in meeting those goals in the following 
     ways. As chief executive officer of a complex library system 
     serving multiple constituencies with specialized services and 
     collections, I know the importance of consensus building and 
     strategic planning as vehicles to operate in a rapidly 
     changing technological environment and profession. During my 
     tenure at the Pratt Library, I also had the opportunity to 
     serve on numerous civic and professional boards and to be 
     elected President of the American Library Association (ALA) 
     with a membership of over 63,000. These experiences, combined 
     with my previous academic and professional tenures at the 
     University of Pittsburgh School of Information Science and 
     the Museum of Science and Industry in Chicago, give me a 
     broad outlook on managing change while preserving the 
     traditions and legacy of venerable institutions and 
     organizations.


                  Modernizing the Library of Congress

       3. Problems with the Library's information technology (IT) 
     systems and management were well documented in a GAO audit 
     released last year. The Library has already taken steps to 
     address its IT deficiencies, but a lot of work remains. If 
     confirmed, how will you continue the Library's efforts to 
     improve and modernize its IT?
       Answer: Modernized IT is the key to improving efficiency 
     and access at the Library, and in its component parts, 
     including the U.S. Copyright Office. I understand and will 
     not lose sight of its importance. In over 20 years at the 
     Pratt Library, I have overseen several IT modernization 
     projects with an attention to detail that matched the 
     significance of the project.
       As the question notes, the Library is already making great 
     strides in IT modernization. A new Library Chief Information 
     Officer (CIO) was appointed in September 2015, and a Library-
     wide IT Strategic Plan was finalized in December 2015, 
     demonstrating that the Library is moving in the right 
     direction. If confirmed, I look forward to executing and, 
     where appropriate, strengthening that plan.
       4. Please explain your efforts as CEO of the Pratt Library 
     to improve access to digital resources, including computers 
     and e-readers, and to expand that library's electronic 
     collection.
       Answer: One of my main priorities as CEO of the Pratt 
     Library was to secure resources to enable the library to 
     modernize its technological infrastructure not only in the 
     City of Baltimore but for the entire State of Maryland. The 
     Library serves as the State Library Resource Center. 
     Accordingly, it is responsible for providing internet and 
     reference services for library users across the state.
       During my tenure, I led the effort to raise and secure 
     public and private funding to build the internet service for 
     libraries, school systems, and other government agencies in 
     Maryland. In the City, we established an IT plan and unit to 
     expand the Library's electronic collection by lending e-books 
     and e-readers while enhancing broadband and computer access 
     at all facilities. At present, the Pratt Library is the 
     largest provider of public access computers in Baltimore. In 
     fact, the Pratt Library was the first entity to utilize the 
     city's broadband network for public access. Also as the State 
     Library Resource Center, the Pratt Library maintains, 
     coordinates and updates the digitization program of 
     collections across the state.
       5. Please explain how your experiences renovating and 
     modernizing the Pratt Library would guide you in modernizing 
     the Library of Congress and improving its IT infrastructure.
       Answer: In my experiences at the Pratt Library I learned 
     first-hand the value of building a leadership team of senior 
     IT managers whose highest priority was the core mission of 
     the organization. In addition, I learned that where I 
     continuously stressed the importance of strong IT 
     infrastructure to the organization, the team was responsive. 
     If confirmed, I will take a similar approach at the Library, 
     a task made simpler by the strides the Library has recently 
     made in this area.


                            Copyright Office

       6. The Copyright Office is also in the midst of an IT 
     modernization effort. If confirmed, how do you plan to assist 
     the Copyright Office in its effort? Would you advocate for 
     keeping the Copyright Office's IT systems aligned with those 
     of the Library, or are you open to giving the Office a degree 
     of independence (and the necessary resources) to manage its 
     own unique IT needs?
       Answer: My goals for IT infrastructure at the Library 
     generally, and the U.S. Copyright Office more specifically, 
     are efficiency and effectiveness. I will approach the issue 
     of whether the U.S. Copyright Office should have separate IT 
     infrastructure with an open mind, and I will embrace the 
     solution that is most efficient and effective. As I approach 
     the issue, I will do so with an understanding that the U.S. 
     Copyright Office has particularized technology needs, and has 
     a weighty task in serving its important and diverse 
     stakeholders.
       7. Some have noted that the Copyright Office's registration 
     process has become outdated, cumbersome, and backlogged, 
     particularly for those operating in the digital space. What 
     plans do you have to help the Register improve the copyright 
     registration process so the Office can meet the needs of 
     those industries at the core of the digital economy?
       Answer: I understand that proposals are in place to address 
     these concerns. If confirmed I look forward to working with 
     the Library's CIO and the Register of Copyrights to secure 
     the necessary resources for implementation.
       8. In your view what role should the Librarian of Congress 
     play in shaping copyright policy and influencing the agenda 
     of the Copyright Office?
       Answer: By statute, the Librarian appoints and supports the 
     Register as the chief administrator of the U.S. Copyright 
     Office. In so doing, the Librarian relies on the significant 
     subject matter expertise provided by the Register. If 
     confirmed, I will carry out those responsibilities to ensure 
     the U.S. Copyright Office has what it needs to function 
     fully, effectively, and efficiently. In addition, if 
     confirmed, I will be attentive to the views and concerns of 
     stakeholders.


                     Congressional Research Service

       9. If confirmed, what will you do to ensure that CRS 
     fulfills its mission of providing to Congress authoritative, 
     objective, nonpartisan legislative research and analysis? How 
     would you respond to a Member's concerns that CRS has fallen 
     short in this regard?
       Answer: I believe the Library's Congressional Research 
     Service staff are the ``special forces'' who are there to 
     provide comprehensive and objective research to members of 
     Congress. If confirmed, I would fully support the CRS mandate 
     ``to provide Congress, throughout the legislative process, 
     comprehensive and reliable legislative research, analysis and 
     information services that are confidential, objective, 
     nonpartisan, authoritative, and timely, thereby contributing 
     to an informed national legislature.'' If a Member concluded 
     that CRS had fallen short of that mandate, I immediately 
     would want to know how and why, and I would work with CRS to 
     address the concern.


  Chairman Blunt Question during Hayden nomination hearing re: Child 
                        Internet Protection Act

       Chairman Blunt. Thank you, Senator Boozman. I have a couple 
     of other questions. Being the president of the American 
     Library Association is, I am sure, a great honor, but maybe 
     not an unmixed blessing, because suddenly you are responsible 
     for everything that is being talked about as part of the 
     association. There are a couple of areas of criticism that 
     you and I have talked about and I would like to get your 
     response to those on the record today. One was when the 
     Congress passed the Children's Internet Protection Act, the 
     American Library Association challenged the constitutionality 
     of that, arguing that it violated the First Amendment. And I 
     know, beginning then as a leader of the national organization 
     through really up until now, you have commented on this 
     several times, but you want to talk about that whole issue of 
     what kind of violation that would have been, and then the 
     issue of what kinds of things need to happen in a library to 
     be sure that children do not have access to material that we 
     would not want children to have access to, and then how often 
     you have to revisit that whole concept?
       Dr. Hayden. I really appreciate that question, Senator, 
     because there has been quite a bit of just misinterpretation 
     of the Library Association's position during that time. That 
     was in 2003-2004, and at that time, the filters that would 
     have been required for libraries to install were found to 
     prohibit access to very important health information, and the 
     most notable at that time was breast cancer. And since that 
     time, the technology has improved and the filters that are 
     installed to receive federal funding--and my library, the 
     Pratt Library, in its state role, has installed filters--have 
     improved, and the need to be vigilant is also something that 
     libraries are doing in not only the technological aspect, but 
     just plain physical arrangements of computers, making sure 
     that

[[Page S5044]]

     there are faceout positioning of computer monitors, as well 
     as very few, if any, cubicles that contain computers as well, 
     and education and making sure that people know that 
     pornography is illegal and we do not support that in any 
     shape or form.
       Chairman Blunt. You do not think that pornography, illegal, 
     as you described it, has a place in the library?
       Dr. Hayden. Not online, no.
       Chairman Blunt. And there are, at the same time, things in 
     the library that are not appropriate for everybody that 
     visits the library to see.
       Dr. Hayden. Right, and Senator, the way you described it is 
     exactly the way that libraries even design their buildings 
     and the furniture, and making sure there is even signage that 
     unaccompanied adults in children's sections are going to be 
     questioned. There are so many safety measures that are put in 
     public libraries, and even college and university libraries, 
     to make sure that minors are safe and that they are not 
     exposed to objectionable material as far as we can prevent.
                                  ____


Senator Cruz Questions for the Record for Dr. Carla D. Hayden Committee 
  on Rules and Administration--Nomination To Be Librarian of Congress

       1. The Library of Congress recently announced its decision 
     to eliminate the terms ``aliens'' and ``illegal aliens'' from 
     subject heading and search classifications, replacing them 
     with the supposedly less ``pejorative'' terms ``Noncitizens'' 
     and ``Unauthorized immigration.'' Numerous important 
     historical materials use the former terms. And at over 100 
     years of age, the heading ``aliens'' is one of the oldest 
     headings used by the Library. Moreover, Congress has chosen 
     to utilize these terms throughout the United States Code. The 
     Library's decision to nevertheless move forward with this 
     revisionist maneuver appears virtually unprecedented, and it 
     will waste resources and hinder research efforts.
       Do you believe the largest library in the world should be 
     sacrificing research efficiency and resources in the name of 
     political correctness?
       Answer: The Library of Congress has a long history of (i) 
     providing assistance to researchers in finding what they are 
     looking for in its vast collections, and (ii) sharing its 
     processes with libraries of all types throughout the nation. 
     Part of the Library's process includes reviewing catalog 
     subject headings, often at the request of the public or the 
     library community. In fact I was involved in a similar review 
     of the terms referring to African Americans, which evolved 
     from Negro, Black, and Afro-Americans during extensive debate 
     and discussion among numerous communities. In this current 
     subject heading review, my understanding is that the Library 
     is engaging in a customary public comment period and after 
     the comments are received will engage in additional review 
     regarding the matter.
       Similarly, do you believe the exclusive research arm of 
     Congress should be eliminating search terms used extensively 
     by Congress in the United States Code?
       Answer: I understand that the Library is reviewing this 
     matter and will consider the most effective and efficient use 
     of subject headings for research and reference for the public 
     in searching the Library's collections, as well as those in 
     libraries throughout the nation. This review will consider 
     the needs and use of Congress, as the core mission of the 
     Library is to assist Congress in performing its 
     constitutional duties.
       As Librarian of Congress, would you reverse this 
     unprecedented and harmful action?
       Answer: If confirmed, I would ensure that the 
     responsibilities of the Policy and Standards Division of the 
     Library, which responds to constituent request regarding 
     catalog subject headings, are performed and carried out in 
     the most professional, efficient, and objective manner. In 
     the position of Librarian of Congress, I would welcome the 
     opportunity to work with Congress to ensure that the 
     Library's mandates are fulfilled.

  Ms. MIKULSKI. In the interest of time, I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BLUNT. Mr. President, the library of Congress is at a critical 
juncture. We seldom talk about the Library because there have only been 
13 Librarians who have served in the Library of Congress in the entire 
history of the Library, dating back to the starting of the Federal 
Government here in Washington. It is an important time for the Library 
to have a chance to really focus on the technologies available to us 
today.
  I am the chairman of the Rules Committee, and the ranking Democrat on 
that committee, Senator Schumer, and I proposed legislation earlier in 
the year that would set a limit--for the first time--for the Library of 
Congress. This nomination is the first nomination for a Librarian to 
have a term limit. That 10-year term will replace what was previously a 
lifetime appointment.
  It is a critically important 10 years for the Library. Congress 
unanimously agreed to make this change, and then the nomination of Dr. 
Carla Hayden was received by the Rules Committee at the end of February 
this year. Since that time, the committee has thoroughly vetted Dr. 
Hayden. We reviewed her qualifications, writings, experience, and in 
particular, her role in leading the Enoch Pratt Free Library in 
Baltimore for the past 23 years. She oversaw the expansion and 
modernization of the library and how it could be made more available to 
people.
  This committee spent more time reviewing this nomination than any 
previous nomination for this position. I think she has an extraordinary 
professional background. By the way, the longest serving Librarian of 
Congress was a librarian, and she brings that skill in ways that nobody 
else has in the past. She earned her Ph.D. from the University of 
Chicago in library science. She served as an assistant professor at the 
University of Pittsburgh, and spent 40 years working in her chosen 
profession of leading library systems in Chicago and Baltimore.
  She has been endorsed by librarians around the country, associations, 
and higher education entities in many States, including my State. 
Missouri State University and the University of Missouri in Kansas City 
have both endorsed her service. The librarian in Ferguson, MO, served 
on panels with her and has endorsed her. The libraries in both Ferguson 
and Baltimore played their own roles in dealing with the stress that 
those communities have faced over the last 2 years.
  Dr. Hayden led the American Library Association from 2003 to 2004. 
This is the national organization for librarians. In 2001, before she 
began her tenure as President, the organization's council voted to 
challenge the Children's Internet Protection Act on First Amendment 
grounds. This act requires libraries receiving public funding to 
install Internet content filters on public computers. This requirement 
helps protect children from harmful Internet content in public 
libraries, and, of course, I support its implementation.
  In 2003, right before Dr. Hayden became president of the association, 
the Supreme Court upheld the law, and she was actually the president of 
the association not when they challenged the law but when they 
implemented the law.
  I specifically asked her about her position on the Children's 
Internet Protection Act during our public hearing on the nomination, 
and I wish to make a couple of points about her response to my 
questions. She explained to the committee that the American Library 
Association's concerns were focused on unintentionally restricting 
access to nonpornographic materials, including health information 
related topics like breast cancer. At the time, according to Dr. 
Hayden, the filters were not as sophisticated as they are today, and 
they had a tendency to overfilter in some areas. However, she made it 
clear that her view of pornography was that it has no place in public 
libraries and noted that her library, the Enoch Pratt library, has 
installed filters consistent with the requirement of the law.
  I will quote her testimony at this point because this has been the 
one area where some Members have expressed concern. She said:

       Technology has improved and the filters that are installed 
     to receive federal funding . . . have improved. And, the need 
     to be vigilant is also something that libraries are doing in 
     not only the technological aspect, but just plain physical 
     arrangement of computers, making sure that there are face-out 
     positioning of computer monitors, as well as very few, if 
     any, cubicles that contain computers as well, and education 
     and making sure people know that pornography is illegal and 
     we do not support that in any shape or form.

  The committee went through a thorough process. She was unanimously 
approved by the committee. I certainly agree with Senator Mikulski when 
she said that this is an important time. We have taken the time to look 
at this, and we don't need to wait any longer.
  I urge my colleagues to approve this nomination.
  Mr. President, I also ask that Senator Cardin have a chance to speak 
about Dr. Hayden. He also knows her very well.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I thank Senator Blunt for his leadership 
and for bringing this nomination to the floor. I wish also to thank 
Senator Schumer and the manner in which it

[[Page S5045]]

was handled by the Rules Committee. The staff did a lot of work, and I 
thank all who were involved in bringing this nomination forward.
  We have heard from my colleagues, Senator Mikulski and Senator Blunt, 
about the extraordinary qualifications of Dr. Hayden. She has the 
academic credentials, experience, and proven leadership, as we saw with 
the Enoch Pratt Free Library in Baltimore and what she was able to do.
  I wish to add one more dimension to this, if I might, and that is the 
person she is. She is admired by all. She knows how to bring people 
together. She has incredible people skills in addition to having the 
technical skills to be an extraordinary CEO and to manage a complex 
operation. The Library of Congress is a complex operation. It takes a 
great deal of management skills.
  She has received many acknowledgements and awards during her career, 
but the one that I think perhaps speaks to her character the most was 
when the Daily Record gave her the award for the most admired CEO 2 
years ago. That is a hard award to get, and it just shows that she 
knows how to lead--but to lead in an effective way. Quite frankly, the 
Library of Congress, I think, will benefit from those skills and use 
those skills very effectively.
  I also want to share with my colleagues that, in addition to her 
credentials in her profession, which we have already gone through--
including being president of the American Library Association and also 
serving on the accreditation committee--she has done a lot of the nuts 
and bolts with regard to libraries both locally and nationally.
  She has also been involved in many community activities. I know that 
locally she served on the Goucher College board, the Baltimore Gas and 
Electric board, and the Baltimore Leadership School for Young Women. I 
could mention a lot more activities. She has been an extremely engaged 
individual in our community.
  I know she will do a great job in this capacity, and I know she will 
make us proud. We know the Library of Congress is the envy of the 
world, and I think we have a world-class leader to lead the Library of 
Congress. I urge my colleagues to support this confirmation.
  If there is no one else who seeks recognition, I suggest that we 
yield back all time and move toward a vote.
  Mr. BLUNT. I yield back our time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  All time is yielded back.
  Mr. BLUNT. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the Hayden 
nomination?
  The clerk will call the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Mississippi (Mr. Cochran), the Senator from Oklahoma (Mr. 
Inhofe), the Senator from Kansas (Mr. Roberts), the Senator from South 
Dakota (Mr. Rounds), the Senator from Alabama (Mr. Sessions), the 
Senator from Alabama (Mr. Shelby), and the Senator from Mississippi 
(Mr. Wicker).
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 74, nays 18, as follows:

                      [Rollcall Vote No. 128 Ex.]

                                YEAS--74

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Collins
     Coons
     Corker
     Cornyn
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gardner
     Gillibrand
     Graham
     Grassley
     Hatch
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Johnson
     Kaine
     King
     Klobuchar
     Lankford
     Leahy
     Manchin
     Markey
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Peters
     Portman
     Reed
     Reid
     Schatz
     Schumer
     Shaheen
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--18

     Cassidy
     Coats
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Heller
     Isakson
     Kirk
     Lee
     McCain
     Perdue
     Risch
     Rubio
     Sasse
     Scott
     Vitter

                             NOT VOTING--8

     Cochran
     Inhofe
     Roberts
     Rounds
     Sanders
     Sessions
     Shelby
     Wicker
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table and the President 
will be immediately notified of the Senate's action.

                          ____________________