I 

110TH CONGRESS 

2D SESSION S. 3477 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2008 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

To amend title 44, United States Code, to authorize grants 

for Presidential Centers of Historical Excellence. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on PROD1PC64 with BILLS
2 

S 3477 RFH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Presidential Historical 

3 Records Preservation Act of 2008’’. 

4 SEC. 2. GRANT PROGRAM. 

5 Section 2504 of title 44, United States Code, is 

6 amended by— 

7 (1) redesignating subsection (f) as subsection 

8 (g); and 

9 (2) inserting after subsection (e) the following: 

10 ‘‘(f) GRANTS FOR PRESIDENTIAL CENTERS OF HIS11 TORICAL EXCELLENCE.— 

12 ‘‘(1) IN GENERAL.—The Archivist, with the rec13 ommendation of the Commission, may make grants, 

14 on a competitive basis and in accordance with this 

15 subsection, to eligible entities to promote the histor16 ical preservation of, and public access to, historical 

17 records and documents relating to any former Presi18 dent who does not have a Presidential archival de19 pository currently managed and maintained by the 

20 Federal Government pursuant to section 2112 (com21 monly known as the ‘Presidential Libraries Act of 

22 1955’). 

23 ‘‘(2) ELIGIBLE ENTITY.—For purposes of this 

24 subsection, an eligible entity is— 

25 ‘‘(A) an organization described under sec26 tion 501(c)(3) of the Internal Revenue Code of 


smartinez on PROD1PC64 with BILLS
3 

S 3477 RFH

1 1986 and exempt from taxation under section 

2 501(a) of that Code; or 

3 ‘‘(B) a State or local government of the 

4 United States. 

5 ‘‘(3) USE OF FUNDS.—Amounts received by an 

6 eligible entity under paragraph (1) shall be used to 

7 promote the historical preservation of, and public ac8 cess to, historical records or historical documents re9 lating to any former President covered under para10 graph (1). 

11 ‘‘(4) PROHIBITION ON USE OF FUNDS.— 

12 Amounts received by an eligible entity under para13 graph (1) may not be used for the maintenance, op14 erating costs, or construction of any facility to house 

15 the historical records or historical documents relat16 ing to any former President covered under para17 graph (1). 

18 ‘‘(5) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—An eligible entity 

20 seeking a grant under this subsection shall sub21 mit to the Commission an application at such 

22 time, in such manner, and containing or accom23 panied by such information as the Commission 

24 may require, including a description of the acVerDate Aug 31 2005 04:57 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3477.RFH S3477

smartinez on PROD1PC64 with BILLS
4 

S 3477 RFH

1 tivities for which a grant under this subsection 

2 is sought. 

3 ‘‘(B) APPROVAL OF APPLICATION.—The 

4 Commission shall not consider or recommend a 

5 grant application submitted under subpara6 graph (A) unless an eligible entity establishes 

7 that such entity— 

8 ‘‘(i) possesses, with respect to any 

9 former President covered under paragraph 

10 (1), historical works and collections of his11 torical sources that the Commission con12 siders appropriate for preserving, pub13 lishing, or otherwise recording at the pub14 lic expense; 

15 ‘‘(ii) has appropriate facilities and 

16 space for preservation of, and public access 

17 to, the historical works and collections of 

18 historical sources; 

19 ‘‘(iii) shall ensure preservation of, and 

20 public access to, such historical works and 

21 collections of historical sources at no 

22 charge to the public; 

23 ‘‘(iv) has educational programs that 

24 make the use of such documents part of 

25 the mission of such entity; 


smartinez on PROD1PC64 with BILLS
5 

S 3477 RFH

1 ‘‘(v) has raised funds from non-Fed2 eral sources in support of the efforts of the 

3 entity to promote the historical preserva4 tion of, and public access to, such histor5 ical works and collections of historical 

6 sources in an amount equal to the amount 

7 of the grant the entity seeks under this 

8 subsection; 

9 ‘‘(vi) shall coordinate with any rel10 evant Federal program or activity, includ11 ing programs and activities relating to 

12 Presidential archival depositories; 

13 ‘‘(vii) shall coordinate with any rel14 evant non-Federal program or activity, in15 cluding programs and activities conducted 

16 by State and local governments and private 

17 educational historical entities; and 

18 ‘‘(viii) has a workable plan for pre19 serving and providing public access to such 

20 historical works and collections of histor21 ical sources.’’. 

22 SEC. 3. TERM LIMITS FOR COMMISSION MEMBERS; 

23 RECUSAL. 

24 (a) TERM LIMITS.— 


smartinez on PROD1PC64 with BILLS
6 

S 3477 RFH

1 (1) IN GENERAL.—Section 2501(b)(1) of title 

2 44, United States Code, is amended— 

3 (A) by inserting ‘‘not more than 2’’ after 

4 ‘‘subsection (a) shall be appointed for’’; and 

5 (B) in subparagraph (A), by striking ‘‘a 

6 term’’ and inserting ‘‘not more than 4 terms’’. 

7 (2) EFFECTIVE DATE.—The restrictions on the 

8 terms of members of the National Historical Publi9 cations and Records Commission provided in the 

10 amendments made by paragraph (1) shall apply to 

11 members serving on or after the date of enactment 

12 of this Act. 

13 (b) RECUSAL.— 

14 (1) IN GENERAL.—Section 2501 of title 44, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(d) RECUSAL.—Members of the Commission shall 

18 recuse themselves from voting on any matter that poses, 

19 or could potentially pose, a conflict of interest, including 

20 a matter that could benefit them or an entity they rep21 resent.’’. 

22 (2) EFFECTIVE DATE.—The requirement of 

23 recusal provided in the amendment made by para24 graph (1) shall apply to members of the National 

25 Historical Publications and Records Commission 


smartinez on PROD1PC64 with BILLS
7 

S 3477 RFH

1 serving on or after the date of enactment of this 

2 Act. 

3 SEC. 4. ONLINE ACCESS OF FOUNDING FATHERS DOCU4 MENTS; TRANSFER OF FUNDS. 

5 (a) IN GENERAL.—Title 44, United States Code, is 

6 amended by inserting after section 2119 the following: 

7 ‘‘§ 2120. Online access of founding fathers documents 

8 ‘‘The Archivist may enter into a cooperative agree9 ment to provide online access to the published volumes of 

10 the papers of— 

11 ‘‘(1) George Washington; 

12 ‘‘(2) Alexander Hamilton; 

13 ‘‘(3) Thomas Jefferson; 

14 ‘‘(4) Benjamin Franklin; 

15 ‘‘(5) John Adams; 

16 ‘‘(6) James Madison; and 

17 ‘‘(7) other prominent historical figures, as de18 termined appropriate by the Archivist of the United 

19 States.’’. 

20 (b) TRANSFER OF FUNDS.— 

21 (1) IN GENERAL.—The Archivist of the United 

22 States, in the role as chairman of the National His23 torical Publications and Records Commission may 

24 enter into cooperative agreements pursuant to sec25 tion 6305 of title 31, United States Code, that inVerDate Aug 31 2005 04:57 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3477.RFH S3477

smartinez on PROD1PC64 with BILLS
8 

S 3477 RFH

1 volve the transfer of funds from the National Histor2 ical Publications and Records Commission to State 

3 and local governments, tribal governments, other 

4 public entities, educational institutions, or private 

5 nonprofit organizations for the public purpose of 

6 carrying out section 2120 of title 44, United States 

7 Codes. 

8 (2) REPORT.—Not later than December 31st of 

9 each year, the Archivist of the United States shall 

10 submit to the Committee on Homeland Security and 

11 Governmental Affairs of the Senate and the Com12 mittee on Oversight and Government Reform of the 

13 House of Representatives a report on the provisions, 

14 amount, and duration of each cooperative agreement 

15 entered into as authorized by paragraph (1) during 

16 the preceding fiscal year. 

17 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of sections for chapter 21 of title 44, United 

19 States Code, is amended by adding after the item relating 

20 to section 2119 the following: 

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

21 SEC. 5. ADVISORY COMMITTEE. 

22 (a) ESTABLISHMENT.—The Archivist of the United 

23 States may establish an advisory committee to— 


smartinez on PROD1PC64 with BILLS
9 

S 3477 RFH

1 (1) review the progress of the Founding Fa2 thers editorial projects funded by the National His3 torical Publications and Records Commission; 

4 (2) develop, in consultation with the various 

5 Founding Fathers editorial projects, appropriate 

6 completion goals for the projects described in para7 graph (1); 

8 (3) annually review such goals and report to the 

9 Archivist on the progress of the various projects in 

10 meeting the goals; and 

11 (4) recommend to the Archivist measures that 

12 would aid or encourage the projects in meeting such 

13 goals. 

14 (b) REPORTS TO THE ADVISORY COMMITTEE.—Each 

15 of the projects described in subsection (a)(1) shall provide 

16 annually to the advisory committee established under sub17 section (a) a report on the progress of the project toward 

18 accomplishing the completion goals and any assistance 

19 needed to achieve such goals, including the following: 

20 (1) The proportion of total project funding for 

21 the funding year in which the report is submitted 

22 from— 

23 (A) Federal, State, and local government 

24 sources; 

25 (B) the host institution for the project; 


smartinez on PROD1PC64 with BILLS
10 

S 3477 RFH

1 (C) private or public foundations; and 

2 (D) individuals. 

3 (2) Information on all activities carried out 

4 using nongovernmental funding. 

5 (3) Any and all information related to perform6 ance goals for the funding year in which the report 

7 is submitted. 

8 (c) COMPOSITION; MEETINGS; REPORT; SUNSET; AC9 TION.—The advisory committee established under sub10 section (a) shall— 

11 (1) be comprised of 3 nationally recognized his12 torians appointed for not more than 2 consecutive 4- 

13 year terms; 

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

15 (3) provide a report on the information ob16 tained under subsection (b) to the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate and the Committee on Oversight and Govern19 ment Reform of the House of Representatives not 

20 later than 1 year after the date of enactment of this 

21 Act and annually thereafter; 

22 (4) terminate on the date that is 8 years after 

23 the date of enactment of this Act; and 


smartinez on PROD1PC64 with BILLS
11 

S 3477 RFH

1 (5) recommend legislative or executive action 

2 that would facilitate completion of the performance 

3 goals for the Founding Fathers editorial projects. 

4 SEC. 6. CAPITAL IMPROVEMENT PLAN FOR PRESIDENTIAL 

5 ARCHIVAL DEPOSITORIES; REPORT. 

6 (a) IN GENERAL.— 

7 (1) PROVISION OF PLAN.—The Archivist of the 

8 United States shall provide to the Committee on Ap9 propriations of the Senate and the Committee on 

10 Appropriations of the House of Representatives a 

11 10-year capital improvement plan, in accordance 

12 with paragraph (2), for all Presidential archival de13 positories (as defined in section 2101 of title 44, 

14 United States Code), which shall include— 

15 (A) a prioritization of all capital projects 

16 at Presidential archival depositories that cost 

17 more than $1,000,000; 

18 (B) the current estimate of the cost of 

19 each capital project; and 

20 (C) the basis upon which each cost esti21 mate was developed. 

22 (2) PROVIDED TO CONGRESS.—The capital im23 provement plan shall be provided to the committees, 

24 as described in paragraph (1), at the same time as 

25 the first Budget of the United States Government 


smartinez on PROD1PC64 with BILLS
12 

S 3477 RFH

1 after the date of enactment of this Act is submitted 

2 to Congress. 

3 (3) ANNUAL UPDATES AND EXPLANATION OF

4 CHANGES IN COST ESTIMATES.—The Archivist of the 

5 United States shall provide to the Committee on Ap6 propriations of the Senate and the Committee on 

7 Appropriations of the House of Representatives— 

8 (A) annual updates to the capital improve9 ment plan described in paragraph (1) at the 

10 same time as each subsequent Budget of the 

11 United States Government is submitted to Con12 gress; and 

13 (B) an explanation for any changes in cost 

14 estimates. 

15 (b) AMENDMENT TO MINIMUM AMOUNT OF ENDOW16 MENT.—Section 2112(g)(5)(B) of title 44, United States 

17 Code, is amended by striking ‘‘40’’ and inserting ‘‘60’’. 

18 (c) REPORT.—Not later than 270 days after the date 

19 of enactment of this Act, the Archivist of the United 

20 States shall provide a report to the Committee on Home21 land Security and Governmental Affairs of the Senate and 

22 the Committee on Oversight and Government Reform of 

23 the House of Representatives, that provides 1 or more al24 ternative models for presidential archival depositories 

25 that— 


smartinez on PROD1PC64 with BILLS
13 

S 3477 RFH

1 (1) reduce the financial burden on the Federal 

2 Government; 

3 (2) improve the preservation of presidential 

4 records; and 

5 (3) reduce the delay in public access to all pres6 idential records. 

7 SEC. 7. ESTABLISHMENT OF NATIONAL DATABASE FOR 

8 RECORDS OF SERVITUDE, EMANCIPATION, 

9 AND POST-CIVIL WAR RECONSTRUCTION. 

10 (a) IN GENERAL.—The Archivist of the United 

11 States may preserve relevant records and establish, as 

12 part of the National Archives and Records Administration, 

13 an electronically searchable national database consisting 

14 of historic records of servitude, emancipation, and post15 Civil War reconstruction, including the Refugees, Freed16 man, and Abandoned Land Records, Southern Claims 

17 Commission Records, Records of the Freedmen’s Bank, 

18 Slave Impressments Records, Slave Payroll Records, Slave 

19 Manifest, and others, contained within the agencies and 

20 departments of the Federal Government to assist African 

21 Americans and others in conducting genealogical and his22 torical research. 

23 (b) MAINTENANCE.—Any database established under 

24 this section shall be maintained by the National Archives 

25 and Records Administration or an entity within the NaVerDate Aug 31 2005 04:57 Sep 28, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3477.RFH S3477

smartinez on PROD1PC64 with BILLS
14 

S 3477 RFH

1 tional Archives and Records Administration designated by 

2 the Archivist of the United States. 

3 SEC. 8. GRANTS FOR ESTABLISHMENT OF STATE AND 

4 LOCAL DATABASES FOR RECORDS OF SER5 VITUDE, EMANCIPATION, AND POST-CIVIL 

6 WAR RECONSTRUCTION. 

7 (a) IN GENERAL.—The Executive Director of the Na8 tional Historical Publications and Records Commission of 

9 the National Archives and Records Administration may 

10 make grants to States, colleges and universities, museums, 

11 libraries, and genealogical associations to preserve records 

12 and establish electronically searchable databases con13 sisting of local records of servitude, emancipation, and 

14 post-Civil War reconstruction. 

15 (b) MAINTENANCE.—Any database established using 

16 a grant under this section shall be maintained by appro17 priate agencies or institutions designated by the Executive 

18 Director of the National Historical Publications and 

19 Records Commission. 

Passed the Senate September 26 (legislative day, 

September 17), 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


smartinez on PROD1PC64 with BILLS