```

[Senate Report 111-213]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-213
_______________________________________________________________________

                                     

                                                       Calendar No. 438

 
 TO AUTHORIZE APPROPRIATIONS FOR THE NATIONAL HISTORICAL PUBLICATIONS 
AND RECORDS COMMISSION THROUGH FISCAL YEAR 2014, AND FOR OTHER PURPOSES

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2872

 TO AUTHORIZE APPROPRIATIONS FOR THE NATIONAL HISTORICAL PUBLICATIONS 
AND RECORDS COMMISSION THROUGH FISCAL YEAR 2014, AND FOR OTHER PURPOSES

                 June 21, 2010.--Ordered to be printed
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman

CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri           JOHN ENSIGN, Nevada
JON TESTER, Montana                  LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware

                  Michael L. Alexander, Staff Director
                     Kevin J. Landy, Chief Counsel
              Adam R. Sedgewick, Professional Staff Member
  Erik S. Hopkins, Professional Staff Member, Subcommittee on Federal 
  Financial Management, Government Information, Federal Services, and 
                         International Security
     Brandon L. Milhorn, Minority Staff Director and Chief Counsel
                   Jennifer L. Tarr, Minority Counsel
R. Justin Stevens, Minority Professional Staff Member, Subcommittee on 
Federal Financial Management, Government Information, Federal Services, 
                       and International Security
                  Trina Driessnack Tyrer, Chief Clerk

                                                       Calendar No. 438
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-213

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

 TO AUTHORIZE APPROPRIATIONS FOR THE NATIONAL HISTORICAL PUBLICATIONS 
AND RECORDS COMMISSION THROUGH FISCAL YEAR 2014, AND FOR OTHER PURPOSES

                                _______
                                

                 June 21, 2010.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2872]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2872) to authorize 
appropriations for the National Historical Publications and 
Records Commission through fiscal year 2014, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for Legislation..............................2
III.  Legislative History.............................................3
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................4
 VI.  Congressional Budget Office Cost Estimate.......................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 2872 would reauthorize the National Historical 
Publications and Records Commission (NHPRC), the grant-making 
body of the National Archives and Records Administration 
(NARA), at $10 million for each fiscal year through 2014. The 
bill would also increase the cap on annual cash reserves from 4 
percent to 10 percent for NARA's Record Center Revolving Fund 
to allow for more effective management of regional facilities 
and funding of long-term capital investments.

                II. Background and Need for Legislation

    The NHPRC provides grants to State, local and tribal 
governments; colleges and universities; non-profit 
organizations; and non-Federal entities and institutions across 
the Nation. The grants support a wide range of efforts to 
preserve, publish and encourage the use of documentary sources 
relating to the history of the United States. The NHPRC is 
affiliated with and augments NARA's work in protecting vital 
American documents.
    Congress established both NARA and the NHPRC in 1934 and 
gave them different, but complementary, missions. NARA seeks to 
preserve and protect only records of the Federal Government. 
The NHPRC, in contrast, aims to preserve and publish non-
Federal records that capture vital parts of the American story. 
Together, the NARA and the NHPRC make an investment in the 
health of the nation's historical records, wherever located, 
and help to preserve and facilitate the use of those records 
that are essential to citizens' understanding of our rights, 
history and culture.
    The Commission is composed of 15 members and is chaired by 
the Archivist of the United States. Seven of its members, 
including the chair, represent and are appointed by the 
judicial, executive, and legislative branches of the Federal 
Government.\1\ Professional societies of archivists, 
historians, documentary editors, and Government records 
administrators appoint five Commission members.\2\ The 
remaining two members of the Commission are appointed by the 
President of the United States and must be outstanding in the 
fields of the social or physical sciences, the arts, or 
archival or library science. Commission members review eligible 
project proposals, recommend to the Archivist those grants they 
believe should be funded, and are instrumental in developing 
the goals and programs of the Commission. The Commission's 
administrative staff implements Commission policies and 
recommendations, provides assistance and advice to potential 
applicants, advises the Commission on proposals, and oversees 
the grants that are awarded.
---------------------------------------------------------------------------
    \1\The following are ex officio members: (1) The Archivist of the 
United States; (2) The Librarian of Congress; (3) one Senator, 
appointed by the President of the Senate; (4) one Representative, 
appointed by the Speaker of the House of Representatives; (5) one 
member of the Judicial branch appointed by the Chief Justice of the 
United States; (6) one representative of the Department of State, to be 
appointed by the Secretary of State; and (7) one representative from 
the Department of Defense, to be appointed by the Secretary of Defense.
    \2\One member is selected from among each of the following 
professional societies: (1) American Historical Associations; (2) 
Organization of American Historians; (3) Society of American 
Archivists; (4) American Association for State and Local History; (5) 
Association for Documentary Editing; and (6) National Association for 
Government Archives and Records Administrators.
---------------------------------------------------------------------------
    The NHPRC is the only national grant-making organization 
whose sole focus is the preservation and publication of 
America's documentary history. It supports the professional 
development of archivists, documentary editors, and record-
keepers through fellowships, institutes, conferences, workshops 
and other programs. In addition, the NHPRC has undertaken a 
number of projects that focus on the records of under-
documented groups, such as Native Americans, African Americans, 
Asian Americans, Pacific Islanders, and other ethnic and 
interest groups, and social and political movements.
    Since 2008, the NHPRC has had several additional 
responsibilities.\3\ In that year, Congress began requiring the 
NHPRC to: (1) Establish ways to improve the efficiency with 
which the nation's Founding Fathers' records are transcribed 
and published; (2) support programs that digitize and publish 
the records of the Founding era\4\ online; and (3) establish a 
grant program to support the preservation and use of records of 
servitude and emancipation. In adding those responsibilities, 
however, this Committee recognized that the NHPRC was often 
funded at less than its authorized levels and left it to the 
NHPRC to determine how to prioritize its programs within its 
limited budget. The Committee also urged the Congress to 
increase the NHPRC's appropriations to its authorized levels.
---------------------------------------------------------------------------
    \3\Public Law No. 110-404.
    \4\The records of the Founding era refers to the papers of John 
Adams, Alexander Hamilton, Benjamin Franklin, Thomas Jefferson, James 
Madison, George Washington, first Federal Congress, ratification of the 
Constitution, and the history of the early Supreme Court.
---------------------------------------------------------------------------
    In 2009, Congress increased the NHPRC's funding to $13 
million for FY10 and set aside $4.5 million for digitizing and 
uploading the records of the Founding Fathers. The NHPRC's last 
authorization bill authorized the NHPRC from FY06 through FY09. 
S. 2872 would reauthorize the Commission and authorize funding 
at $10 million annually from fiscal year 2010 through fiscal 
year 2014. Reauthorizing the NHPRC now will ensure it can 
continue its important work and send a clear message regarding 
the importance of properly funding its work.
    The bill would also raise the cap for cash reserves that 
the Records Center Revolving Fund may carry from one fiscal 
year to the next, from 4 percent to 10 percent. The Revolving 
Fund covers expenses for storage and related services for all 
temporary and pre-archival Federal records stored at Federal 
National and Regional Records Centers run by NARA. The fund is 
made up of user fees received from other Federal Government 
accounts as payment for providing personnel, storage, 
materials, supplies, equipment, and other services. Under 
current law, NARA may not carry over more than 4 percent of 
that year's operating revenue and must return any amount over 
that limit to the Treasury at the end of each fiscal year. 
Because of this cap, regional facilities are incentivized to 
spend funds on short term projects that may not be needed. By 
raising the cap to 10 percent, NARA will be able to save the 
excess profit for long-term capital investments.

                        III. Legislative History

    S. 2872 was introduced by Senator Carper and Senator 
Alexander on December 11, 2009, read twice, and then referred 
to the Committee on Homeland Security and Governmental Affairs. 
Chairman Lieberman, Senator Byrd, Senator Webb, Senator Warner, 
and Senator Voinovich cosponsored the bill. The Committee 
considered S. 2872 on December 16, 2009. The Committee ordered 
the bill reported favorably by voice vote, as amended by two 
Collins amendments. The amendments reduced the authorized 
amount as proposed in the original bill from $15 million to $10 
million annually and reduced the cap on revolving fund cash 
reserves from an unlimited amount to 10 percent. Members 
present for the votes on the bill and the amendments were 
Lieberman, Akaka, Carper, Pryor, McCaskill, Tester, Burris, 
Kirk, and Collins.

                    IV. Section-by-Section Analysis

Section 1. Authorizes funding for the National Historical Publications 
        and Records Commission

    Section 1 amends 44 U.S.C. 2504(g)(1) by adding a new 
subparagraph (T). The new subparagraph (T) would authorize 
funding the NHPRC for fiscal year 2010 through fiscal year 2014 
at $10 million annually.

Section 2. Increased flexibility for Archivist in the Records Center 
        Revolving Fund

    Section 2 amends subsection (d) under the heading ``Records 
Center Revolving Fund'' in title IV of the Independent Agencies 
Appropriations Act of 2000 (Public Law 106-58) by changing the 
current cap on cash reserves the Records Center Revolving Fund 
may carry over from one fiscal year to the next from 4 percent 
to 10 percent.

Section 3. Grants for establishment of State and local databases for 
        records of servitude, emancipation, and post-Civil War 
        reconstruction

    Section 3 modifies section 8 of the Presidential Historical 
Records Preservation Act of 2008 (Public Law 110-404) to make 
the Archivist responsible for providing grants to eligible 
entities, in accordance with Section 2504(e) of Title 44, U.S. 
Code.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirement of paragraph 11(b)(1) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. CBO states that 
there are no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and no costs on 
State, local, or tribal governments. The legislation contains 
no other regulatory impact.

             VI. Congressional Budget Office Cost Estimate

                                                   January 8, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2872, a bill to 
authorize appropriations for the National Historical 
Publications and Records Commission through fiscal year 2014, 
and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2872--A bill to authorize appropriations for the National Historical 
        Publications and Records Commission through fiscal year 2014, 
        and for other purposes

    Summary: S. 2872 would authorize the appropriation of $10 
million to the National Historical Publications and Records 
Commission for each of the fiscal years 2010 through 2014. The 
commission has already received an appropriation of $13 million 
for 2010. The legislation also would make technical changes to 
the Records Center Revolving Fund and the process for receiving 
grants for establishing databases of local records of 
servitude, emancipation, and post-Civil War reconstruction.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2872 would cost $39 million over 
the 2011-2014 period. The legislation would not affect direct 
spending or revenues. S. 2872 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and would not affect the budgets of state, 
local, or tribal governments.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that S. 2872 will be enacted by the 
middle of fiscal year 2010 and that the amounts authorized will 
be appropriated for fiscal years 2011 through 2014. CBO 
estimates that implementing the bill would cost $39 million 
over the 2011-2014 period. Outlay estimates are based on 
historical spending patterns. The estimated budgetary impact of 
S. 2872 is shown in the following table. The costs of this 
legislation fall within budget function 800 (general 
government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                                                                         2010-
                                                       2010      2011      2012      2013      2014       2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level\1\.............................         0        10        10        10        10         40
Estimated Outlays..................................         0         9        10        10        10         39
----------------------------------------------------------------------------------------------------------------
\1\The National Historical Publications and Records Commission received an appropriation of $13 million for
  2010.

    Intergovernmental and private-sector impact: S. 2872 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

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

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following 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, existing law in 
which no change is proposed is shown in roman):

             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2000

(Public Law 106-58)

           *       *       *       *       *       *       *

TITLE IV--INDEPENDENT AGENCIES

           *       *       *       *       *       *       *

                     RECORDS CENTER REVOLVING FUND

    (a) Establishment of Fund.--There is hereby established in 
the Treasury a revolving fund to be available for expenses and 
equipment necessary to provide for storage and related services 
for all temporary and pre-archival Federal records, which are 
to be stored or stored at Federal National and Regional Records 
Centers by agencies and other instrumentalities of the Federal 
Government. The Fund shall be available without fiscal year 
limitation for expenses necessary for operation of these 
activities.
    (b) Start-Up Capital.--
          (1) There is appropriated $22,000,000 as initial 
        capitalization of the Fund.
          (2) In addition, the initial capital of the Fund 
        shall include the fair and reasonable value at the 
        Fund's inception of the inventories, equipment, 
        receivables, and other assets, less the liabilities, 
        transferred to the Fund. The Archivist of the United 
        States is authorized to accept inventories, equipment, 
        receivables and other assets from other Federal 
        entities that were used to provide for storage and 
        related services for temporary and pre-archival Federal 
        records.
    (c) User Charges.--The Fund shall be credited with user 
charges received from other Federal Government accounts as 
payment for providing personnel, storage, materials, supplies, 
equipment, and services as authorized by subsection (a). Such 
payments may be made in advance or by way of reimbursement. The 
rates charged will return in full the expenses of operation, 
including reserves for accrued annual leave, worker's 
compensation, depreciation of capitalized equipment and 
shelving, and amortization of information technology software 
and systems.
    (d) Funds Returned to Miscellaneous Receipts of the 
Department of the Treasury.--
          (1) In addition to funds appropriated to and assets 
        transferred to the Fund in subsection (b), an amount 
        [not to exceed 4 percent] not to exceed 10 percent of 
        the total annual income may be retained in the Fund as 
        an operating reserve or for the replacement or 
        acquisition of capital equipment, including shelving, 
        and the improvement and implementation of the financial 
        management, information technology, and other support 
        systems of the National Archives and Records 
        Administration.
          (2) [Funds in excess of the 4 percent] Funds in 
        excess of the 10 percent at the close of each fiscal 
        year shall be returned to the Treasury of the United 
        States as miscellaneous receipts.
    (e) Reporting Requirement.--The National Archives and 
Records Administration shall provide quarterly reports to the 
Committees on Appropriations and Governmental Affairs of the 
Senate, and the Committees on Appropriations and Government 
Reform of the House of Representatives on the operation of the 
Records Center Revolving Fund.

        PRESIDENTIAL HISTORICAL RECORDS PRESERVATION ACT OF 2008

(Public Law 110-404)

           *       *       *       *       *       *       *

  SECTION 8 GRANTS FOR ESTABLISHMENT OF STATE AND LOCAL DATABASES FOR 
 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] The Archivist of the 
United States, after considering the advice and recommendations 
of the National Historical Publications and Records Commission, 
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] the 
Archivist of the United States.

UNITED STATES CODE

           *       *       *       *       *       *       *

TITLE 44--PUBLIC PRINTING AND DOCUMENTS

           *       *       *       *       *       *       *

CHAPTER 25--NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

           *       *       *       *       *       *       *

    Section 2504. Duties; authorization of grants for 
historical publications and records programs; authorization for 
appropriations

           *       *       *       *       *       *       *

    (g)(1) For the purposes specified in this section, there is 
hereby authorized to be appropriated to the National Historical 
Publications and Records Commission--
          (A) $6,000,000 for fiscal year 1989;
          (B) $8,000,000 for fiscal year 1990;
          (C) $10,000,000 for each of the fiscal years 1991, 
        1992, and 1993;
          (D) $6,000,000 for fiscal year 1994;
          (E) $7,000,000 for fiscal year 1995;
          (F) $8,000,000 for fiscal year 1996;
          (G) $10,000,000 for fiscal year 1997;
          (H) $10,000,000 for fiscal year 1998;
          (I) $10,000,000 for fiscal year 1999;
          (J) $10,000,000 for fiscal year 2000;
          (K) $10,000,000 for fiscal year 2001;
          (L) $10,000,000 for fiscal year 2002;
          (M) $10,000,000 for fiscal year 2003;
          (N) $10,000,000 for fiscal year 2004;
          (O) $10,000,000 for fiscal year 2005;
          (P) $10,000,000 for fiscal year 2006;
          (Q) $10,000,000 for fiscal year 2007;
          (R) $10,000,000 for fiscal year 2008; [and]
          (S) $10,000,000 for fiscal year 2009[.]; and
          (T) $10,000,000 for each of fiscal years 2010, 2011, 
        2012, 2013, and 2014.
    (2) Amounts appropriated under this subsection shall be 
available until expended when so provided in appropriation 
Acts.

                                  

```