69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–91 

REGISTER OF COPYRIGHTS SELECTION AND 

ACCOUNTABILITY ACT OF 2017 

APRIL 20, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1695] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1695) to amend title 17, United States Code, to provide additional responsibilities for the Register of Copyrights, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 3 

Background and Need for the Legislation ............................................................. 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 5 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Performance Goals and Objectives ......................................................................... 6 

Advisory on Earmarks ............................................................................................. 6 

Section-by-Section Analysis .................................................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

Dissenting Views ..................................................................................................... 10 


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The Amendment 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SEC. 1. SHORT TITLE. 

This Act may be cited as the ‘‘Register of Copyrights Selection and Accountability 

Act of 2017’’. 

SECTION 2. REGISTER OF COPYRIGHTS. 

(a) AMENDMENTS.—Section 701 of title 17, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) All administrative’’ and inserting the following: 

‘‘(a) REGISTER AND DIRECTOR.— 

‘‘(1) IN GENERAL.—All administrative’’; 

(B) by striking ‘‘director’’ and inserting ‘‘Director’’; 

(C) by inserting after the first sentence the following: ‘‘The Register of 

Copyrights shall be a citizen of the United States with a professional background and experience in copyright law and shall be appointed by the 

President from the individuals recommended under paragraph (6), by and 

with the advice and consent of the Senate.’’; and 

(D) in the last sentence, by striking ‘‘shall be appointed’’ and all that follows through ‘‘and shall act’’ and inserting ‘‘shall act’’; 

(2) in subsection (b), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and adjusting the margins accordingly; 

(3) by redesignating subsection (b) as paragraph (2), and adjusting the margins accordingly; 

(4) in paragraph (2), as so redesignated, by inserting ‘‘DUTIES.—’’ before ‘‘In 

addition’’; 

(5) by inserting after paragraph (2) the following: 

‘‘(3) OATH.—The Register of Copyrights shall, before taking office, take an 

oath to discharge faithfully the duties of the Copyright Office described in paragraph (2). 

‘‘(4) REMOVAL.— 

‘‘(A) IN GENERAL.—The Register of Copyrights may be removed from office 

by the President. 

‘‘(B) NOTIFICATION.—The President shall provide notification to both 

Houses of Congress of a removal under subparagraph (A). 

‘‘(5) TERM OF OFFICE.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the Register of Copyrights— 

‘‘(i) shall be appointed for a term of 10 years; and 

‘‘(ii) may serve until a successor is appointed, confirmed, and taken 

the oath of office. 

‘‘(B) LIMITATION.—The Register of Copyrights may not continue to serve 

after the date on which Congress adjourns sine die after the date on which 

the 10-year period described in subparagraph (A)(i) ends. 

‘‘(C) REAPPOINTMENT.—An individual appointed to the position of Register 

of Copyrights, by and with the advice and consent of the Senate, may be 

reappointed to that position in accordance with the requirements of this 

section. 

‘‘(6) PANEL FOR REGISTER OF COPYRIGHTS RECOMMENDATIONS.—There is established a panel to recommend a list of at least 3 individuals to the President for 

appointment as the Register of Copyrights. The panel shall be composed of the 

following: 

‘‘(A) The Speaker of the House of Representatives. 

‘‘(B) The President pro tempore of the Senate. 

‘‘(C) The majority and minority leaders of the House of Representatives 

and the Senate. 

‘‘(D) The Librarian of Congress.’’; 

(6) by redesignating subsections (c) through (f) as subsections (b) through (e), 

respectively; 

(7) in subsection (b), as so redesignated, by inserting ‘‘SEAL.—’’ before ‘‘The 

Register’’; 

(8) in subsection (c), as so redesignated, by inserting ‘‘ANNUAL REPORT.—’’ before ‘‘The Register’’; 

(9) in subsection (d), as so redesignated, by inserting ‘‘APPLICABILITY OF TITLE

5.—’’ before ‘‘Except as provided’’; and 


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(10) in subsection (e), as so redesignated, by inserting ‘‘COMPENSATION.—’’ before ‘‘The Register’’. 

(b) APPLICABILITY.—The amendments made by subsection (a) shall apply with respect to any vacancy for the Register of Copyrights after January 1, 2017. If a Register of Copyrights is appointed during the period beginning on January 1, 2017 and 

ending on the day before the date of the enactment of this Act, that Register shall 

meet the requirements of the amendments made by this Act or shall be replaced 

in accordance with such amendments. 

Purpose and Summary 

The Register of Copyrights Selection and Accountability Act 

makes the Register of Copyrights position at the U.S. Copyright Office subject to a Presidential nomination and Senate-confirmation 

process while simultaneously creating a 10-year term on the position. The legislation ensures that all future Registers are chosen 

through this public process and also resolves constitutional concerns regarding the authority of regulations promulgated by the 

U.S. Copyright Office. 

Background and Need for the Legislation 

Over the past several years, this Committee has conducted a 

comprehensive review of our nation’s copyright system and laws. 

During this review, the Committee heard from a wide range of perspectives regarding our copyright laws, ranging from industry-specific concerns to much broader ones, including the need to reform 

the Copyright Office itself. Since November 2014, the status and 

selection process for the Register of Copyrights position has been 

among these concerns. 

As a legislative branch official, Members of Congress, as well as 

many stakeholders, believe the Register of Copyrights should be 

more accountable to Congress. In addition, concerns have been expressed, and lawsuits commenced, challenging the authority of the 

Register of Copyrights to issue rules because the position is not 

presidentially-appointed. 

The current vacancy for the position of Register of Copyrights 

provides a unique opportunity for Congress to address these and 

other concerns and to statutorily lay out an appropriate selection 

process for the next Register. 

H.R. 1695 would apply a selection process for the Register of 

Copyrights that is similar to the process for selecting other legislative branch officials, including the Comptroller of the Government 

Accountability Office. Specifically, the legislation will clarify the 

process by which a new Register of Copyrights is chosen and the 

duration the Register serves. Currently, the position is chosen 

using the same process used to hire more junior employees within 

the Library of Congress and the Register can serve for an unlimited duration. Under the proposed legislation, the President will select a nominee from a list of names identified by a Congressional 

leadership panel that includes the Librarian of Congress. The individual then chosen, once confirmed by the Senate, would serve a 

ten-year term. This nomination process and term of office would 

provide greater stability for the Register position and the U.S. 

Copyright Office as a whole. It will also ensure that the U.S. Copyright Office is more accountable to Congress. During the markup, 

negative comments were made about the prior Register of CopyVerDate Sep 11 2014 05:39 Apr 21, 2017 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR091.XXX HR091

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rights that do not reflect the longstanding professional and honorable relationship this Committee enjoyed with the former Register. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 1695, 

but did hold a related hearing on the future of the U.S. Copyright 

Office on February 26, 2015, and received testimony from the 

former Register of Copyrights, Maria Pallante, on April 29, 2015, 

about the structure of the U.S. Copyright Office. 

Committee Consideration 

On March 29, 2017, the Committee met in open session and ordered the bill H.R. 1695 favorably reported, with an amendment, 

by a roll call vote of 27–1, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises the following roll 

call vote occurred during the Committee’s consideration of H.R. 

1695. 

1. Motion to report the bill favorably. Approved 27–1. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................................. X 

Mr. Sensenbrenner, Jr. (WI) .....................................................

Mr. Smith (TX) ..........................................................................

Mr. Chabot (OH) ........................................................................

Mr. Issa (CA) .............................................................................. X 

Mr. King (IA) .............................................................................

Mr. Franks (AZ) ......................................................................... X 

Mr. Gohmert (TX) ...................................................................... X 

Mr. Jordan (OH) ........................................................................ X 

Mr. Poe (TX) ............................................................................... X 

Mr. Chaffetz (UT) ......................................................................

Mr. Marino (PA) ........................................................................

Mr. Gowdy (SC) ......................................................................... X 

Mr. Labrador (ID) ...................................................................... X 

Mr. Farenthold (TX) .................................................................. X 

Mr. Collins (GA) ......................................................................... X 

Mr. DeSantis (FL) ...................................................................... X 

Mr. Buck (CO) ............................................................................ X 

Mr. Ratcliffe (TX) ....................................................................... X 

Ms. Roby (AL) ............................................................................

Mr. Gaetz (FL) ...........................................................................

Mr. Johnson (LA) ....................................................................... X 

Mr. Biggs (AZ) ............................................................................ X 

Mr. Conyers, Jr. (MI), Ranking Member ................................. X 

Mr. Nadler (NY) ......................................................................... X 

Ms. Lofgren (CA) ....................................................................... X 

Ms. Jackson Lee (TX) ................................................................ X 

Mr. Cohen (TN) .......................................................................... X 

Mr. Johnson (GA) ......................................................................

Mr. Deutch (FL) ......................................................................... X 

Mr. Gutierrez (IL) ......................................................................


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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Ms. Bass (CA) ............................................................................ X 

Mr. Richmond (LA) ....................................................................

Mr. Jeffries (NY) ........................................................................ X 

Mr. Cicilline (RI) ........................................................................

Mr. Swalwell (CA) ..................................................................... X 

Mr. Lieu (CA) ............................................................................. X 

Mr. Raskin (MD) ........................................................................ X 

Ms. Jayapal (WA) ...................................................................... X 

Mr. Schneider (IL) ..................................................................... X 

Total ............................................................................. 27 1 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1695, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 30, 2017. 

Hon. BOB GOODLATTE, 

Chairman, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1695, the Register of 

Copyrights Selection and Accountability Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

KEITH HALL. 

Enclosure. 

cc: Honorable John Conyers Jr. 

Ranking Member 


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H.R. 1695—Register of Copyrights Selection and 

Accountability Act of 2017 

As ordered reported by the House Committee on the Judiciary on 

March 29, 2017. 

Under current law, the Director of the Copyright Office is appointed by the Librarian of Congress. H.R. 1695 would make that 

position subject to appointment by the President with the advice 

and consent of the Senate. The Director would serve a 10 year 

term, subject to removal by the President. Under the bill, the President would make the appointment from a list of individuals recommended by a panel composed of members of Congress and the 

Librarian of Congress. Based on information from the Library of 

Congress, CBO estimates that implementing the bill would have no 

significant effect on the federal budget. 

Enacting H.R. 1695 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1695 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 1695 contains no intergovernmental or private sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Stephen Rabent. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 1695 establishes or reauthorizes a program 

of the Federal government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 1695 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

§ 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 1695 converts 

the Register of Copyrights position to a Presidentially nominated 

and Senate-confirmed position, subject to a ten-year term limit. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 1695 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of rule XXI. 


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Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short Title. Section 1 sets forth the short title of the bill 

as the ‘‘Register of Copyrights Selection and Accountability Act of 

2017.’’ 

Sec 2. Register of Copyrights 

Section 2(a) amends 17 U.S.C. § 701(a) by creating minimum 

standards for those who hold the Register of Copyrights position by 

requiring the officeholder to be a U.S. citizen who has professional 

background and experience in copyright law. The Committee views 

these two qualifications as the most critical for the position, although there are other criteria that may be desirable in potential 

candidates depending upon the challenges and needs facing the 

U.S. Copyright Office at the time of the vacancy. Once future Registers of Copyright are confirmed, they would now be subject to an 

oath of office per section 701(a)(3) before taking office. Section 

701(a) is further expanded by adding in the existing functions and 

duties in the current section 701(b). 

Section 2(a) creates a new selection process for choosing future 

Registers in section 701(a)(6), which follows existing precedent for 

Legislative Branch agencies, such as the Government Accountability Office (GAO). The process requires the President to choose 

the nominee from candidates identified by a selection panel comprised 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 Librarian 

of Congress (in whose agency the U.S. Copyright Office is located). 

The panel must recommend at least three candidates who meet the 

new qualifications for Registers of Copyright. 

The proposed section 701(a)(4) allows the President to remove 

the Register from office subject to a notification requirement to the 

House of Representatives and Senate. Unless the Register is removed by the President, the Register will serve a ten-year term per 

section 701(a)(5), but may serve until a successor is sworn in so 

long as that date is not later than when Congress next adjourns 

sine die after the ten-year term expires, in which case the Register 

must step down on the date on which Congress adjourns sine die. 

The Register may be reappointed to another ten-year term, but 

must do so subject to the same requirements as a potential new 

candidate. 

Section 2(b) sets out an effective date for any Register of Copyrights chosen for a vacancy that exists after January 1, 2017. The 

position has been filled on an acting basis prior to this date so the 

requirements created by this legislation apply to any new Register. 

If a Register is chosen by the Librarian of Congress using the current hiring process in place prior to the enactment of this legislation, such Register could only remain in office if he or she meets 

the new qualifications for the position, were recommended by the 

congressional panel to the President, chosen from the slate of three 

or more candidates by the President as the nominee, confirmed by 

the Senate, and then sworn in to office. If he or she did not meet 

these criteria, he or she could only serve until someone who does 

meet these criteria is sworn into office. 


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Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 17, UNITED STATES CODE 

* * * * * * * 

CHAPTER 7—COPYRIGHT OFFICE 

* * * * * * * 

§ 701. The Copyright Office: General responsibilities and organization 

ø(a) All administrative¿ (a) REGISTER AND DIRECTOR.— 

(1) IN GENERAL.—All administrative functions and duties 

under this title, except as otherwise specified, are the responsibility of the Register of Copyrights as ødirector¿ Director of the 

Copyright Office of the Library of Congress. The Register of 

Copyrights shall be a citizen of the United States with a professional background and experience in copyright law and shall be 

appointed by the President from the individuals recommended 

under paragraph (6), by and with the advice and consent of the 

Senate. The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, øshall be 

appointed by the Librarian of Congress, and shall act¿ shall 

act under the Librarian’s general direction and supervision. 

ø(b)¿ (2) DUTIES.—In addition to the functions and duties set 

out elsewhere in this chapter, the Register of Copyrights shall 

perform the following functions: 

ø(1)¿ (A) Advise Congress on national and international 

issues relating to copyright, other matters arising under 

this title, and related matters. 

ø(2)¿ (B) Provide information and assistance to Federal 

departments and agencies and the Judiciary on national 

and international issues relating to copyright, other matters arising under this title, and related matters. 

ø(3)¿ (C) Participate in meetings of international intergovernmental organizations and meetings with foreign 

government officials relating to copyright, other matters 

arising under this title, and related matters, including as 

a member of United States delegations as authorized by 

the appropriate Executive branch authority. 

ø(4)¿ (D) 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. 


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ø(5)¿ (E) 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. 

(3) OATH.—The Register of Copyrights shall, before taking office, take an oath to discharge faithfully the duties of the Copyright Office described in paragraph (2). 

(4) REMOVAL.— (A) IN GENERAL.—The Register of Copyrights may be removed from office by the President. 

(B) NOTIFICATION.—The President shall provide notification to both Houses of Congress of a removal under subparagraph (A). 

(5) TERM OF OFFICE.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Register of Copyrights— 

(i) shall be appointed for a term of 10 years; and 

(ii) may serve until a successor is appointed, confirmed, and taken the oath of office. 

(B) LIMITATION.—The Register of Copyrights may not 

continue to serve after the date on which Congress adjourns 

sine die after the date on which the 10-year period described in subparagraph (A)(i) ends. 

(C) REAPPOINTMENT.—An individual appointed to the position of Register of Copyrights, by and with the advice and 

consent of the Senate, may be reappointed to that position 

in accordance with the requirements of this section. 

(6) PANEL FOR REGISTER OF COPYRIGHTS RECOMMENDA- TIONS.—There is established a panel to recommend a list of at 

least 3 individuals to the President for appointment as the Register of Copyrights. The panel shall be composed of the following: 

(A) The Speaker of the House of Representatives. 

(B) The President pro tempore of the Senate. 

(C) The majority and minority leaders of the House of 

Representatives and the Senate. 

(D) The Librarian of Congress. 

ø(c)¿ (b) SEAL.—The Register of Copyrights shall adopt a seal to 

be used on and after January 1, 1978, to authenticate all certified 

documents issued by the Copyright Office. 

ø(d)¿ (c) ANNUAL REPORT.—The Register of Copyrights shall 

make an annual report to the Librarian of Congress of the work 

and accomplishments of the Copyright Office during the previous 

fiscal year. The annual report of the Register of Copyrights shall 

be published separately and as a part of the annual report of the 

Librarian of Congress. 

ø(e)¿ (d) APPLICABILITY OF TITLE 5.—Except as provided by section 706(b) and the regulations issued thereunder, all actions taken 

by the Register of Copyrights under this title are subject to the provisions of the Administrative Procedure Act of June 11, 1946, as 

amended (c. 324, 60 Stat. 237, title 5, United States Code, Chapter 

5, Subchapter II and Chapter 7). 

ø(f)¿ (e) COMPENSATION.—The Register of Copyrights shall be 

compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5. The Librarian of Congress shall establish not more than four positions for Associate 


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1THE NEXT GENERATION COPYRIGHT OFFICE: WHAT IT MEANS AND WHY IT MATTERS (a longer version of the Eleventh Annual Christopher A. Meyer Memorial Lecture delivered by Maria Pallante on November 20, 2013 at George Washington University Law School). 

https://www.copyright.gov/about/office-register/meyer-lecture.pdf. 2Library of Congress, Office of the Inspector General’s FY 16 Review of Systems Development 

Life Cycle. 3 Id. at ii. 

Registers of Copyrights, in accordance with the recommendations of 

the Register of Copyrights. The Librarian shall make appointments 

to such positions after consultation with the Register of Copyrights. 

Each Associate Register of Copyrights shall be paid at a rate not 

to exceed the maximum annual rate of basic pay payable for GS18 of the General Schedule under section 5332 of title 5. 

* * * * * * * 

Dissenting Views 

If Congress enacts this bill we will make a grievous error. It’s important to understand the factual and historical context in which 

this bill is nestled. 

Article 1 of the Constitution gives the power to enact laws establishing copyrights in the United States, but it was not until 1870 

that copyright functions were centralized in the Library of Congress, claims having previously been recorded by U.S. District 

Court clerks. In 1897, a separate department in the Library was 

created and then Librarian of Congress, Mr. Ainsworth Spofford 

appointed Mr. Thorvald Solberg as the Register of Copyrights to 

run the office. Ever since, the Librarian of Congress, who is appointed by the President and confirmed by the Senate, has appointed the Register of Copyrights to oversee this division in the 

Library. Until this bill. 

Dr. James Billington, the last Librarian of Congress, was appointed by President Ronald Reagan and served as Librarian of 

Congress for 42 years. His public service is honored by us all and 

he accomplished many important things at the Library. However, 

modernization of the Copyright Office was not among his achievements. After Dr. Billington’s retirement in 2015, President Obama 

appointed and the Senate Confirmed Dr. Carla Hayden. When Dr. 

Hayden was appointed, Congress enacted legislation which, for the 

first time, instituted a ‘‘term limit’’ of ten years on the service of 

the Librarian. Dr. Carla Hayden has made modernization of the Library, including the Copyright Office, a priority. 

The last Register of Copyrights testified before the Judiciary 

Committee as well as the House Administration Committee that 

the Copyright Office should be an independent office and the Register appointed by the President, essentially an independent agency. The last Register also engaged in public advocacy of this point.1

However, while advocating for this change and other policy matters, the simple administration of the office was deficient in the 

area of modernization. 

The February 2017 Library of Congress Inspector General report 2 I entered into the record found that the Copyright Office 

wasted six years and nearly $12 million dollars implementing its 

Electronic Licensing System.3 This was a simple accounting system 


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4 Id. at iii. 

5https://www.copyright.gov/digitization/status.html. 

6The Copyright Office’s ‘‘interim’’ agent designation regulations went into effect on November 

3, 1998. The paper-based system was not replaced until December 1st 2016. https:// 

www.copyright.gov/dmca-directory/. 

for distributing royalties collected by the Office and managing royalty investment accounts. 

Most tellingly, they found that ‘‘Copyright executives at the time 

did not disclose in the Library’s performance management system 

and annual Congressional Budget Justifications the magnitude of 

issues and cost’’ 4 In other words, this information was hidden from 

Congress and Library, and false information provided instead. 

In 2010 the Copyright Office started the project of digitizing pre1978 registration records. Seven years later it has managed to 

digitize just the card catalog and even that is lacking metadata to 

make it searchable. None of the actual records are available in digital form.5

It took the Office nearly 20 years to create a system so that online service providers could electronically submit their notice and 

takedown agents, prior to last December, online service providers 

had to submit their registrations via paper, which then had to be 

manually entered in by Office employees.6

Finally, while preparing the FY18 appropriations request, the Library noticed that a $25 million dollar line-item in the Copyright 

Office’s request didn’t add-up. When questioned about this, the 

prior Register stated that this number was no big deal, it was just 

a placeholder. They would just make adjustments after the money 

was appropriated. In other words, the Copyright Office gave the Librarian fake budget numbers with the knowledge that she would 

testify in front of the Appropriations Committee, under oath, to the 

need of these funds. 

Dr. Hayden reassigned the Register and, disagreeing with the reassignment, the Register resigned. It appears that some on the Judiciary Committee have concerns about whether the Librarian was 

justified in her reassignment of the previous Register. This Committee has not had a hearing on this topic, and I doubt ever will. 

So I felt that it was important to put into the record just a sample 

of the problems the Librarian confronted when she made her decision. These are not just my opinions, but are documented by the 

report of the Inspector General which was entered into the record. 

I would also like to correct my colleague who stated for the 

record their concerns that the Librarian did not notify the Committee before reassigning the previous Register. Both the House 

Administration Committee and the House Judiciary Committee received phone calls from the Librarian stating her intent to reassign 

the previous Register, before it was carried out. 

This bill removes the Register appointment authority from Dr. 

Carla Hayden and transfers it to President Donald Trump. 

No coherent rationale has been advanced on how this will improve the administration of the Copyright office. The Chairman of 

the Committee asserted that this would give greater transparency 

to the Committee in the operation of the Copyright office. He later 

clarified that it was the advice and consent of the Senate to Presidential appointments that he was referring to. 


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This is a preposterous statement. Once a Presidential appointee 

is confirmed, there is no greater attention to the desires of the Congress or transparency than for any other non-Presidential appointee. The frequent conflicts between Republicans in Congress 

and the appointees of President Obama, ranging from the Environmental Protection Agency to the Internal Revenue Service are testimony of the truth of that. 

The Chairman also cites numerous hearings on the issue of copyright as justification for this bill, but having attended every one of 

those hearings as a Member of the Intellectual Property Subcommittee, I can attest that there was no hearing on this bill nor 

on its impact on the modernization efforts now being undertaken 

by Dr. Hayden. 

An impressive list of supporters of the bill was submitted to the 

record. I am aware from the many copyright hearings that serious 

frustrations exist among many copyright holders. Those issues deserve resolution. However, this bill will make matters worse not 

better. 

If this bill becomes law the Library of Congress and the Copyright Office will no longer be able to function as a single organization. This will be a disservice to not only the American public but 

also to those they are purporting to help, content creators. The 

public and content creators do not benefit from making the Register appointed by the President, and they do not benefit from making the Copyright Office a separate Executive Branch agency, 

which is the real goal of this legislation, as backed-up by the statements of many of my Committee colleagues. 

What would benefit both the public and content creators is a 

Copyright Office that uses modern technology to provide electronic 

registration and deposits of copyrighted works, tools for determining who to pay when you use their work, and greater transparency in both ownership and public domain status of works. 

However, this bill will drastically set back both the modernizing 

of infrastructure and the implementation of new Copyright services. The Library believes that under its current modernization 

plan that it can save almost two years on the Copyright Office’s 

plan, and significant amounts of money. A private consulting group 

is currently reviewing this plan, but the Library believes it will be 

able to start implementation by September of this year. 

Until my statements at this markup, it is my understanding, 

that the vast majority of my colleagues on the Committee had no 

knowledge of the Library’s aggressive progress. Nor were they 

briefed on how delaying the appointment of a new Register could 

impact this plan. 

Given the speed at which Congress acts, and the backlog of 495 

Presidential appointees who haven’t even been nominated yet, I 

doubt that if this bill becomes law, a new Register will be appointed in time to benefit from the efficiency gains made by the Library’s hard work and careful planning. 

The public and content creators aren’t the only ones who will suffer from this shortsighted bill. The Copyright Office staff themselves will be thrown into a ‘‘Sophie’s choice’’ every time there is 

a conflict between the Librarian and the Register. Without the ability to remove the Register, the relationship between the Librarian 

and the Register is fundamentally altered. It will create uncerVerDate Sep 11 2014 05:39 Apr 21, 2017 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR091.XXX HR091

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tainty and ambiguity in the chain of command, and unnecessary 

hurdles to the modernization effort. 

The only possible result of this change is more conflict between 

the Library and the Copyright Office, not less. It is unfair to put 

the hardworking employees of the Copyright Office into this loselose situation because of the incompetence of previous leadership. 

Especially when the new Librarian was taking responsibility to 

remedy the deficiencies created by her predecessor’s inaction. 

I cannot support legislation that delays Copyright Office modernization, harms the public, harms content creators, increases tension between the Library and Copyright Office, and harms Copyright Office employees. 

This bill is a vote of no confidence in a Librarian who is aggressively pulling the Library and Copyright Office into the 21st century and, by all evidence, justifiably reassigned an ineffective and 

negligent Register. While I have examined the problems with this 

bill on the basis of public policy, I cannot help but notice that since 

1897, while a series of male Librarians of Congress appointed the 

Register, it was not until the first female Librarian was appointed 

that a bill was introduced to remove the power of the Librarian to 

appoint the Register (as well as new law to limit the term in office 

of the Librarian). The problems, now being addressed by our new 

Librarian, festered without remedy—and without legislation 

marked up by the Judiciary Committee—until that unbroken chain 

of male Librarians was succeeded by one of the most qualified Librarians ever to serve the Library of Congress, Dr. Carla Hayden. 

MS. LOFGREN. 

Æ 


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