[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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historical documents relating to any former President covered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house the historical records or historical documents relating to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

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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 4283]]
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);

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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

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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

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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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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.