Presidential Historical Records Preservation Act of 2008
PL 110-404 (S.3477), enacted 10/13/2008

122 STAT. 4281 
PUBLIC LAW 110–404—OCT. 13, 2008 
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 EXCEL-
LENCE.— 
‘‘(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 Presi-
dent who does not have a Presidential archival depository cur-
rently 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 histor-
ical 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facility to house the historical records or historical documents 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 estab-
lishes 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-Fed-
eral program or activity, including programs and activi-
ties conducted by State and local governments and 
private educational historical entities; and 
‘‘(viii) has a workable plan for preserving and pro-
viding public access to such historical works and collec-
tions 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 mem-
bers 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 them-
selves 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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122 STAT. 4283 
PUBLIC LAW 110–404—OCT. 13, 2008 
(2) EFFECTIVE DATE.—The requirement of recusal provided 
in the amendment made by paragraph (1) shall apply to mem-
bers 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 pro-
vide 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 agree-
ments 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 govern-
ments, 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 Com-
mittee 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 provi-
sions, amount, and duration of each cooperative agreement 
entered into as authorized by paragraph (1) during the pre-
ceding 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 non-
governmental 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 Representa-
tives 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 Rep-
resentatives 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 devel-
oped. 
(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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122 STAT. 4285 
PUBLIC LAW 110–404—OCT. 13, 2008 
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 pro-
vide to the Committee on Appropriations of the Senate and 
the Committee on Appropriations of the House of Representa-
tives— 
(A) annual updates to the capital improvement plan 
described in paragraph (1) at the same time as each subse-
quent Budget of the United States Government is sub-
mitted to Congress; and 
(B) an explanation for any changes in cost estimates. 
(b) AMENDMENT TO MINIMUM AMOUNT OF ENDOWMENT.—Sec-
tion 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 enact-
ment 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 Govern-
ment 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 pre-
serve relevant records and establish, as part of the National 
Archives and Records Administration, an electronically searchable 
national database consisting of historic records of servitude, emanci-
pation, 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 Fed-
eral Government to assist African Americans and others in con-
ducting genealogical and historical research. 
(b) MAINTENANCE.—Any database established under this section 
shall be maintained by the National Archives and Records Adminis-
tration 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 DATA-
BASES 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 search-
able 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: 
SENATE REPORTS: No. 110–525 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 26, considered and passed Senate. 
Sept. 27, considered and passed House. 
or institutions designated by the Executive Director of the National 
Historical Publications and Records Commission. 
Approved October 13, 2008. 
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