[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3477 Enrolled Bill (ENR)]

        S.3477

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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    historical documents relating to any former President covered under 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 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.''.
        (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:
``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 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);
        (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 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 or institutions 
designated by the Executive Director of the National Historical 
Publications and Records Commission.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.