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[110th Congress Public Law 404]
[From the U.S. Government Printing Office]

[DOCID: f:publ404.110]

[[Page 122 STAT. 4281]]

Public Law 110-404
110th Congress

                                 An Act

 
     To amend title 44, United States Code, to authorize grants for 
    Presidential Centers of Historical Excellence. <<NOTE: Oct. 13, 
                          2008 -  [S. 3477]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Presidential Historical 
Records Preservation Act of 2008.>> assembled,
SECTION 1. SHORT <<NOTE: 44 USC 101 note.>> TITLE.

    This Act may be cited as the ``Presidential Historical Records 
Preservation Act of 2008''.
SEC. 2. GRANT PROGRAM.

    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        historical documents relating to any former President covered 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

[[Page 122 STAT. 4282]]

                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.''.
SEC. 3. TERM LIMITS FOR COMMISSION MEMBERS; RECUSAL.

    (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 <<NOTE: 44 USC 2501 
        note.>> 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.''.

[[Page 122 STAT. 4283]]

            (2) Effective <<NOTE: 44 USC 2501 note.>> 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.
SEC. 4. ONLINE ACCESS OF FOUNDING FATHERS DOCUMENTS; TRANSFER OF 
                    FUNDS.

    (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 <<NOTE: 44 USC 2120 note.>> 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.''.

SEC. 5. <<NOTE: 44 USC 2505 note.>> ADVISORY COMMITTEE.

    (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);

[[Page 122 STAT. 4284]]

            (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.
SEC. 6. <<NOTE: 44 USC 2112 note.>> CAPITAL IMPROVEMENT PLAN FOR 
                    PRESIDENTIAL ARCHIVAL 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

[[Page 122 STAT. 4285]]

        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.
SEC. 7. <<NOTE: 44 USC 2107 note.>> ESTABLISHMENT OF NATIONAL 
                    DATABASE FOR RECORDS OF SERVITUDE, 
                    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.
SEC. 8. <<NOTE: 44 USC 2504 note.>> 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 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

[[Page 122 STAT. 4286]]

or institutions designated by the Executive Director of the National 
Historical Publications and Records Commission.

    Approved October 13, 2008.

LEGISLATIVE HISTORY--S. 3477:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 26, considered and passed Senate.
            Sept. 27, considered and passed House.

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