To amend title 44, United States Code, to authorize grants for Presidential Centers of Historical Excellence.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Presidential Historical Records Preservation Act of 2008’.CommentsClose CommentsPermalink

Section 2504 of title 44, United States Code, is amended by--CommentsClose CommentsPermalink





(1) redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) inserting after subsection (e) the following:CommentsClose CommentsPermalink





‘(f) Grants for Presidential Centers of Historical Excellence-CommentsClose CommentsPermalink





‘(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’).CommentsClose CommentsPermalink





‘(2) ELIGIBLE ENTITY- For purposes of this subsection, an eligible entity is--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(B) a State or local government of the United States.CommentsClose CommentsPermalink





‘(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paragraph (1) shall be used to promote the historical preservation of, and public access to, historical records or historical documents relating to any former President covered under paragraph (1).CommentsClose CommentsPermalink





‘(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not be used for the maintenance, operating costs, or construction of any facility to house the historical records or historical documents relating to any former President covered under paragraph (1).CommentsClose CommentsPermalink





‘(5) APPLICATION-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) has appropriate facilities and space for preservation of, and public access to, the historical works and collections of historical sources;CommentsClose CommentsPermalink





‘(iii) shall ensure preservation of, and public access to, such historical works and collections of historical sources at no charge to the public;CommentsClose CommentsPermalink





‘(iv) has educational programs that make the use of such documents part of the mission of such entity;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(vi) shall coordinate with any relevant Federal program or activity, including programs and activities relating to Presidential archival depositories;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(viii) has a workable plan for preserving and providing public access to such historical works and collections of historical sources.’.CommentsClose CommentsPermalink

(a) Term Limits-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2501(b)(1) of title 44, United States Code, is amended--CommentsClose CommentsPermalink





(A) by inserting ‘not more than 2’ after ‘subsection (a) shall be appointed for’; andCommentsClose CommentsPermalink





(B) in subparagraph (A), by striking ‘a term’ and inserting ‘not more than 4 terms’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Recusal-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2501 of title 44, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

(a) In General- Title 44, United States Code, is amended by inserting after section 2119 the following:CommentsClose CommentsPermalink

-‘Sec. 2120. Online access of founding fathers documentsCommentsClose CommentsPermalink

‘The Archivist may enter into a cooperative agreement to provide online access to the published volumes of the papers of--CommentsClose CommentsPermalink





‘(1) George Washington;CommentsClose CommentsPermalink





‘(2) Alexander Hamilton;CommentsClose CommentsPermalink





‘(3) Thomas Jefferson;CommentsClose CommentsPermalink





‘(4) Benjamin Franklin;CommentsClose CommentsPermalink





‘(5) John Adams;CommentsClose CommentsPermalink





‘(6) James Madison; andCommentsClose CommentsPermalink





‘(7) other prominent historical figures, as determined appropriate by the Archivist of the United States.’.CommentsClose CommentsPermalink





(b) Transfer of Funds-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘2120. Online access of founding fathers documents.’.CommentsClose CommentsPermalink

(a) Establishment- The Archivist of the United States may establish an advisory committee to--CommentsClose CommentsPermalink





(1) review the progress of the Founding Fathers editorial projects funded by the National Historical Publications and Records Commission;CommentsClose CommentsPermalink





(2) develop, in consultation with the various Founding Fathers editorial projects, appropriate completion goals for the projects described in paragraph (1);CommentsClose CommentsPermalink





(3) annually review such goals and report to the Archivist on the progress of the various projects in meeting the goals; andCommentsClose CommentsPermalink





(4) recommend to the Archivist measures that would aid or encourage the projects in meeting such goals.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) The proportion of total project funding for the funding year in which the report is submitted from--CommentsClose CommentsPermalink





(A) Federal, State, and local government sources;CommentsClose CommentsPermalink





(B) the host institution for the project;CommentsClose CommentsPermalink





(C) private or public foundations; andCommentsClose CommentsPermalink





(D) individuals.CommentsClose CommentsPermalink





(2) Information on all activities carried out using nongovernmental funding.CommentsClose CommentsPermalink





(3) Any and all information related to performance goals for the funding year in which the report is submitted.CommentsClose CommentsPermalink





(c) Composition; Meetings; Report; Sunset; Action- The advisory committee established under subsection (a) shall--CommentsClose CommentsPermalink





(1) be comprised of 3 nationally recognized historians appointed for not more than 2 consecutive 4-year terms;CommentsClose CommentsPermalink





(2) meet not less frequently than once a year;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) terminate on the date that is 8 years after the date of enactment of this Act; andCommentsClose CommentsPermalink





(5) recommend legislative or executive action that would facilitate completion of the performance goals for the Founding Fathers editorial projects.CommentsClose CommentsPermalink

(a) In General-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) a prioritization of all capital projects at Presidential archival depositories that cost more than $1,000,000;CommentsClose CommentsPermalink





(B) the current estimate of the cost of each capital project; andCommentsClose CommentsPermalink





(C) the basis upon which each cost estimate was developed.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) an explanation for any changes in cost estimates.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) reduce the financial burden on the Federal Government;CommentsClose CommentsPermalink





(2) improve the preservation of presidential records; andCommentsClose CommentsPermalink





(3) reduce the delay in public access to all presidential records.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the Senate September 26 (legislative day, September 17), 2008.Attest:NANCY ERICKSON,Secretary Speaker of the House of Representatives. CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink