PUBLIC LAW 110–404—OCT. 13, 2008 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT 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preservation of, and public access to, historical records or historical documents relating to any former President covered under 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facility to house the historical records or historical documents 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 

44 USC 101 note. 

Presidential 

Historical 

Records 

Preservation Act 

of 2008. 

Oct. 13, 2008 

[S. 3477] 


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122 STAT. 4282 PUBLIC LAW 110–404—OCT. 13, 2008 

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 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.’’. 

44 USC 2501 

note. 


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(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. 

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: 

‘‘§ 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.’’. 

SEC. 5. 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); 

44 USC 2505 

note. 

44 USC 2120 

note. 

44 USC 2501 

note. 


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122 STAT. 4284 PUBLIC LAW 110–404—OCT. 13, 2008 

(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. 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 

44 USC 2112 

note. 


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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. 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. 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 

44 USC 2504 

note. 

44 USC 2107 

note. 


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122 STAT. 4286 PUBLIC LAW 110–404—OCT. 13, 2008 

LEGISLATIVE HISTORY—S. 3477: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 26, considered and passed Senate. 

Sept. 27, considered and passed House. 

Æ 

or institutions designated by the Executive Director of the National 

Historical Publications and Records Commission. 

Approved October 13, 2008. 


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