[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3477 Enrolled Bill (ENR)]
S.3477
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend title 44, United States Code, to authorize grants for
Presidential Centers of Historical Excellence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Presidential Historical Records
Preservation Act of 2008''.

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Section 2504 of title 44, United States Code, is amended by--
(1) redesignating subsection (f) as subsection (g); and
(2) inserting after subsection (e) the following:
``(f) Grants for Presidential Centers of Historical Excellence.--
``(1) In general.--The Archivist, with the recommendation of
the Commission, may make grants, on a competitive basis and in
accordance with this subsection, to eligible entities to promote
the historical preservation of, and public access to, historical
records and documents relating to any former President who does not
have a Presidential archival depository currently managed and
maintained by the Federal Government pursuant to section 2112
(commonly known as the `Presidential Libraries Act of 1955').
``(2) Eligible entity.--For purposes of this subsection, an
eligible entity is--
``(A) an organization described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code; or
``(B) a State or local government of the United States.
``(3) Use of funds.--Amounts received by an eligible entity
under paragraph (1) shall be used to promote the historical
preservation of, and public access to, historical records or
historical documents relating to any former President covered under
paragraph (1).
``(4) Prohibition on use of funds.--Amounts received by an
eligible entity under paragraph (1) may not be used for the
maintenance, operating costs, or construction of any facility to
house the historical records or historical documents relating to
any former President covered under paragraph (1).
``(5) Application.--
``(A) In general.--An eligible entity seeking a grant under
this subsection shall submit to the Commission an application
at such time, in such manner, and containing or accompanied by
such information as the Commission may require, including a
description of the activities for which a grant under this
subsection is sought.
``(B) Approval of application.--The Commission shall not
consider or recommend a grant application submitted under
subparagraph (A) unless an eligible entity establishes that
such entity--
``(i) possesses, with respect to any former President
covered under paragraph (1), historical works and
collections of historical sources that the Commission
considers appropriate for preserving, publishing, or
otherwise recording at the public expense;
``(ii) has appropriate facilities and space for
preservation of, and public access to, the historical works
and collections of historical sources;
``(iii) shall ensure preservation of, and public access
to, such historical works and collections of historical
sources at no charge to the public;
``(iv) has educational programs that make the use of
such documents part of the mission of such entity;
``(v) has raised funds from non-Federal sources in
support of the efforts of the entity to promote the
historical preservation of, and public access to, such
historical works and collections of historical sources in
an amount equal to the amount of the grant the entity seeks
under this subsection;
``(vi) shall coordinate with any relevant Federal
program or activity, including programs and activities
relating to Presidential archival depositories;
``(vii) shall coordinate with any relevant non-Federal
program or activity, including programs and activities
conducted by State and local governments and private
educational historical entities; and
``(viii) has a workable plan for preserving and
providing public access to such historical works and
collections of historical sources.''.

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(a) Term Limits.--
(1) In general.--Section 2501(b)(1) of title 44, United States
Code, is amended--
(A) by inserting ``not more than 2'' after ``subsection (a)
shall be appointed for''; and
(B) in subparagraph (A), by striking ``a term'' and
inserting ``not more than 4 terms''.
(2) Effective date.--The restrictions on the terms of members
of the National Historical Publications and Records Commission
provided in the amendments made by paragraph (1) shall apply to
members serving on or after the date of enactment of this Act.
(b) Recusal.--
(1) In general.--Section 2501 of title 44, United States Code,
is amended by adding at the end the following:
``(d) Recusal.--Members of the Commission shall recuse themselves
from voting on any matter that poses, or could potentially pose, a
conflict of interest, including a matter that could benefit them or an
entity they represent.''.
(2) Effective date.--The requirement of recusal provided in the
amendment made by paragraph (1) shall apply to members of the
National Historical Publications and Records Commission serving on
or after the date of enactment of this Act.

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(a) In General.--Title 44, United States Code, is amended by
inserting after section 2119 the following:
``Sec. 2120. Online access of founding fathers documents
``The Archivist may enter into a cooperative agreement to provide
online access to the published volumes of the papers of--
``(1) George Washington;
``(2) Alexander Hamilton;
``(3) Thomas Jefferson;
``(4) Benjamin Franklin;
``(5) John Adams;
``(6) James Madison; and
``(7) other prominent historical figures, as determined
appropriate by the Archivist of the United States.''.
(b) Transfer of Funds.--
(1) In general.--The Archivist of the United States, in the
role as chairman of the National Historical Publications and
Records Commission may enter into cooperative agreements pursuant
to section 6305 of title 31, United States Code, that involve the
transfer of funds from the National Historical Publications and
Records Commission to State and local governments, tribal
governments, other public entities, educational institutions, or
private nonprofit organizations for the public purpose of carrying
out section 2120 of title 44, United States Codes.
(2) Report.--Not later than December 31st of each year, the
Archivist of the United States shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the provisions, amount, and duration of
each cooperative agreement entered into as authorized by paragraph
(1) during the preceding fiscal year.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 21 of title 44, United States Code, is amended by adding after
the item relating to section 2119 the following:
``2120. Online access of founding fathers documents.''.

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(a) Establishment.--The Archivist of the United States may
establish an advisory committee to--
(1) review the progress of the Founding Fathers editorial
projects funded by the National Historical Publications and Records
Commission;
(2) develop, in consultation with the various Founding Fathers
editorial projects, appropriate completion goals for the projects
described in paragraph (1);
(3) annually review such goals and report to the Archivist on
the progress of the various projects in meeting the goals; and
(4) recommend to the Archivist measures that would aid or
encourage the projects in meeting such goals.
(b) Reports to the Advisory Committee.--Each of the projects
described in subsection (a)(1) shall provide annually to the advisory
committee established under subsection (a) a report on the progress of
the project toward accomplishing the completion goals and any
assistance needed to achieve such goals, including the following:
(1) The proportion of total project funding for the funding
year in which the report is submitted from--
(A) Federal, State, and local government sources;
(B) the host institution for the project;
(C) private or public foundations; and
(D) individuals.
(2) Information on all activities carried out using
nongovernmental funding.
(3) Any and all information related to performance goals for
the funding year in which the report is submitted.
(c) Composition; Meetings; Report; Sunset; Action.--The advisory
committee established under subsection (a) shall--
(1) be comprised of 3 nationally recognized historians
appointed for not more than 2 consecutive 4-year terms;
(2) meet not less frequently than once a year;
(3) provide a report on the information obtained under
subsection (b) to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Oversight
and Government Reform of the House of Representatives not later
than 1 year after the date of enactment of this Act and annually
thereafter;
(4) terminate on the date that is 8 years after the date of
enactment of this Act; and
(5) recommend legislative or executive action that would
facilitate completion of the performance goals for the Founding
Fathers editorial projects.

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DEPOSITORIES; REPORT.
(a) In General.--
(1) Provision of plan.--The Archivist of the United States
shall provide to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of Representatives a
10-year capital improvement plan, in accordance with paragraph (2),
for all Presidential archival depositories (as defined in section
2101 of title 44, United States Code), which shall include--
(A) a prioritization of all capital projects at
Presidential archival depositories that cost more than
$1,000,000;
(B) the current estimate of the cost of each capital
project; and
(C) the basis upon which each cost estimate was developed.
(2) Provided to congress.--The capital improvement plan shall
be provided to the committees, as described in paragraph (1), at
the same time as the first Budget of the United States Government
after the date of enactment of this Act is submitted to Congress.
(3) Annual updates and explanation of changes in cost
estimates.--The Archivist of the United States shall provide to the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives--
(A) annual updates to the capital improvement plan
described in paragraph (1) at the same time as each subsequent
Budget of the United States Government is submitted to
Congress; and
(B) an explanation for any changes in cost estimates.
(b) Amendment to Minimum Amount of Endowment.--Section
2112(g)(5)(B) of title 44, United States Code, is amended by striking
``40'' and inserting ``60''.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Archivist of the United States shall provide a report to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives, that provides 1 or more alternative models
for presidential archival depositories that--
(1) reduce the financial burden on the Federal Government;
(2) improve the preservation of presidential records; and
(3) reduce the delay in public access to all presidential
records.

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EMANCIPATION, AND POST-CIVIL WAR RECONSTRUCTION.
(a) In General.--The Archivist of the United States may preserve
relevant records and establish, as part of the National Archives and
Records Administration, an electronically searchable national database
consisting of historic records of servitude, emancipation, and post-
Civil War reconstruction, including the Refugees, Freedman, and
Abandoned Land Records, Southern Claims Commission Records, Records of
the Freedmen's Bank, Slave Impressments Records, Slave Payroll Records,
Slave Manifest, and others, contained within the agencies and
departments of the Federal Government to assist African Americans and
others in conducting genealogical and historical research.
(b) Maintenance.--Any database established under this section shall
be maintained by the National Archives and Records Administration or an
entity within the National Archives and Records Administration
designated by the Archivist of the United States.

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RECORDS OF SERVITUDE, EMANCIPATION, AND POST-CIVIL WAR RECONSTRUCTION.
(a) In General.--The Executive Director of the National Historical
Publications and Records Commission of the National Archives and
Records Administration may make grants to States, colleges and
universities, museums, libraries, and genealogical associations to
preserve records and establish electronically searchable databases
consisting of local records of servitude, emancipation, and post-Civil
War reconstruction.
(b) Maintenance.--Any database established using a grant under this
section shall be maintained by appropriate agencies or institutions
designated by the Executive Director of the National Historical
Publications and Records Commission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Presidential Historical Records Preservation Act of 2008 — S. 3477

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