I 
111TH CONGRESS 
1ST SESSION H. R. 2171 
To authorize the Archivist of the United States to make grants to States 
for the preservation and dissemination of historical records. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2009 
Mr. HINCHEY (for himself, Mr. MCHUGH, Mr. PLATTS, Mr. FATTAH, Ms. 
SLAUGHTER, Mr. BARROW, Mr. GORDON of Tennessee, Mr. LOEBSACK, 
Mr. GERLACH, Mr. MCGOVERN, Mr. POE of Texas, Mr. ARCURI, Mr. 
ACKERMAN, Mr. ISRAEL, Mrs. MALONEY, Mr. GONZALEZ, Mr. NADLER 
of New York, Mr. TONKO, Mrs. LOWEY, and Mr. CROWLEY) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform 
A BILL 
To authorize the Archivist of the United States to make 
grants to States for the preservation and dissemination 
of historical records. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving the Amer-
ican Historical Record Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Much of the American historical record, 
such as evidence of births, education, marriage, di-
vorce, property owned, obligations satisfied, and 
criminal conduct, is held at the State and local level 
by organizations that preserve the records that pro-
tect the rights of the Nation. 
(2) The United States has recognized the im-
portance of history by its support of national institu-
tions such as the National Archives, the Library of 
Congress, and the Smithsonian Institution. Yet, this 
support is not adequate to reach the rest of the Na-
tion’s archives being held in State and local histor-
ical societies, archives, and library history collec-
tions. 
(3) More resources need to be directed to State 
and local organizations to ensure essential care of 
documents and archival records in their many forms 
so that they can be readily used by the people of this 
Nation. 
(4) History connects people to community— 
whether the community is a family, a neighborhood, 
a city, a State, or a Nation. Connections to the past 
are essential to sustaining democracy, educating stu-
dents, creating a sense of place in family and com-
munity, supporting information needs in business 
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and legal affairs, and making reasoned decisions 
about the Nation’s future direction. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to protect historical records from harm, to 
prolong their life, and to preserve them for public 
use, through the use of electronic records initiatives 
and plans for disaster preparedness, recovery and 
other preservation activities; 
(2) to use historical records in new and creative 
ways to convey the importance of State, territorial, 
and community history, including the development of 
teaching materials for elementary, secondary, and 
post-secondary teachers, active participation in Na-
tional History Day, and support for life-long learn-
ing opportunities; 
(3) to provide education and training to archi-
vists and others who care for historical records, en-
suring that they have the necessary knowledge and 
skills to fulfill their important responsibilities; and 
(4) to create a wide variety of access tools, in-
cluding archival finding aids, documentary editions, 
indexes, and images of key records maintained on 
Internet websites of State and local organizations. 
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SEC. 4. AUTHORITY TO MAKE GRANTS. 
The Archivist may make grants under this Act to 
States to carry out programs consistent with the purposes 
of this Act. 
SEC. 5. USE OF GRANT AMOUNTS. 
(a) REQUIREMENTS.—The Archivist may not award 
grants to any State under this Act unless— 
(1) the State agrees to use grant amounts only 
to carry programs consistent with the purposes of 
this Act; 
(2) the State certifies the availability of State 
or private funds, or an in-kind equivalent, equal to 
half the amount of the grant to be awarded; and 
(3) the State ensures that grant amounts are 
used to supplement, and not supplant, non-Federal 
funds that would otherwise be available for those 
purposes. 
(b) ADDITIONAL CONDITIONS.—The Archivist may 
require additional terms and conditions in connection with 
the use of grant amounts provided under this Act as the 
Archivist considers appropriate. 
SEC. 6. SELECTION CRITERIA. 
(a) AWARDING
OF GRANTS.—The Archivist shall 
award grant amounts under this Act in accordance with 
criteria to be established by the Archivist consistent with 
the purposes of this Act. 
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(b) CONSULTATION WITH STATE ARCHIVISTS AND 
SECRETARIES
OF STATE.—In establishing the criteria 
under subsection (a), the Archivist shall consult with ap-
propriate State and local officials. 
SEC. 7. APPLICATION. 
The Archivist may award grant amounts under this 
Act only to a State that has submitted an application to 
the Archivist at such time, in such manner, and containing 
such information as the Archivist may require. 
SEC. 8. REVIEW AND SANCTIONS. 
(a) ANNUAL REPORT BY STATE.—Each State receiv-
ing funds under this Act during a calendar year shall pro-
vide to the Archivist, no later than January 31 of the fol-
lowing year, a report on activities supported by such funds 
during the previous calendar year. 
(b) ANNUAL REVIEW.—The Archivist shall review an-
nually the report provided by each State under subsection 
(a) to determine the extent to which the State has com-
plied with the provisions of this Act. 
(c) IMPOSITION OF SANCTIONS.—The Archivist may 
impose sanctions on any State for any failure to comply 
substantially with the provisions of this Act. The Archivist 
shall establish the sanctions to be imposed for a failure 
to comply substantially with the provisions of this Act. 
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SEC. 9. ANNUAL REPORT. 
Not later than March 1 of each year, the Archivist 
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 describing the activities carried 
out under this Act and containing any related information 
that the Archivist considers appropriate. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) STATE.—The term ‘‘State’’ includes the 
District of Columbia and Puerto Rico. 
(2) ARCHIVIST.—The term ‘‘Archivist’’ means 
the Archivist of the United States appointed under 
section 2103 of title 44, United States Code. 
(3) HISTORICAL RECORDS.—The term ‘‘Histor-
ical Record’’ means unpublished materials created or 
received by a person, family, or organization, public 
or private, in the conduct of their affairs that are 
preserved because of the enduring value contained in 
the information they contain or as evidence of the 
functions and responsibilities of their creator. 
(4) STATE ARCHIVIST.—The term ‘‘State Archi-
vist’’ means the individual mandated by law within 
each State with responsibility for managing the ar-
chival records of State government. 
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SEC. 11. REGULATIONS. 
The Archivist shall prescribe any regulations nec-
essary to carry out this Act. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Archi-
vist $50,000,000 each fiscal year for five fiscal years, be-
ginning with the first fiscal year beginning after the date 
of the enactment of this Act, to make grants under this 
Act. 
Æ 
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