[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10202-H10205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PRESIDENTIAL HISTORICAL RECORDS PRESERVATION ACT OF 2008

  Mr. CLAY. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3477) to amend title 44, United States Code, to 
authorize grants for Presidential Centers of Historical Excellence.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 3477

       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     historical documents relating to any former President covered 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;

[[Page H10203]]

       ``(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

[[Page H10204]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Clay) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. CLAY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I stand to urge the passage of S. 3477. The National 
Historical Publications and Records Commission is the grant-making arm 
of the National Archives and Records Administration. The NHPRC makes 
grants to help identify, preserve, and provide public access to 
records, photographs, and other materials that document American 
history. The grants go to State and local archives, colleges and 
universities, libraries, historical societies, and other nonprofit 
organizations throughout the country.
  This legislation provides that the Archivist, with the 
recommendations of the NHPRC, may grant money 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 under the Presidential Libraries Act of 1955.
  This bill also includes provisions that limit the tenure of members 
of the NHPRC and provides for their recusal from matters that pose, or 
potentially pose, a conflict of interest.
  The bill provides for online access to the Founding Fathers 
documents, establishes an advisory committee for the NHPRC, and 
requires that the Archivist develop a 10-year capital improvement plan 
with annual updates to Congress.
  Additionally, this legislation authorizes the Archivist to establish 
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.
  None of the programs authorized in this act shall take precedent over 
existing programs funded by the Commission unless there is an increase 
in authorization of appropriations and an increase in appropriated 
funds to fund these programs.
  I urge my colleagues to support this measure.
  I reserve the balance of my time.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Like many of our Nation's Presidents, this bill has its roots in 
Virginia. The important mission of the Woodrow Wilson Presidential 
Library in Staunton, Virginia, and the determination of the individuals 
there combined to move this legislation forward.
  I want to thank Mr. Goodlatte for his hard work on this legislation. 
He's really worked many years on this. I also want to recognize the 
valuable contribution of its sponsor in the other body, Senator Warner, 
and also recognize and acknowledge the important provisions added by 
Senators Carper and Lieberman.
  This bill modifies an existing program within the National Historical 
Publications and Records Commission to ensure that grant funding is 
available to preserve, and provide public access to, historical 
documents of Presidents not currently covered under the Presidential 
Libraries Act of 1955.

                              {time}  1515

  The bill makes structural changes to the commission by placing 8-year 
term limits on members and requires members to recuse themselves from 
votes that would lead to a conflict of interest.
  In addition, it allows the Archivist to publish online the various 
public cases funded by the commission of the Founding Fathers and any 
other prominent historical figures.
  Finally, the bill grants the Archivist the ability to establish a 
database for Federal records of servitude, emancipation and post-Civil 
War reconstruction and provides that the National Historic Publication 
and Records Commission may make grants to preserve local records of 
servitude, emancipation and post-Civil War reconstruction.
  This bill has solid bipartisan support. I want to thank Chairman 
Waxman for his support and also Mr. Clay for being here to usher this 
through today. It has taken a lot of hard work behind the scenes on the 
part of our staffs in order to increase the awareness and the 
understanding of the life and principles and accomplishments of our 
past Presidents. I just want to ask my colleagues to join me in 
supporting this legislation.
  I reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, I continue to reserve. I don't have any other 
speakers.
  Mr. DAVIS of Virginia. If I could yield to the bill's sponsor who has 
really worked on this through the years and has really helped to 
shepherd this through both bodies, the gentleman from Roanoke, Mr. 
Goodlatte. I yield to him such time as he may consume.
  Mr. GOODLATTE. I want to thank Ranking Member Davis, my colleague 
from Virginia, for not only yielding me time but also for his 
leadership in working so hard with Chairman Waxman, with Members of the 
Senate and others who have been involved in pushing this legislation 
forward, for helping to finally reach this day in which we have 
legislation that concurs with legislation in the Senate.
  I urge my colleagues to support the Presidential Historic Records 
Preservation Act of 2008. I introduced similar legislation a few weeks 
ago in the House, along with my colleagues in the Senate, Senators John 
Warner and Jim Webb.
  Mr. Speaker, the National Historical Publications and Records 
Commission is a statutory body affiliated with the National Archives 
and Records Administration. The NHPRC was established by Congress in 
1934 to promote the preservation and use of America's documentary 
heritage essential to understanding our democracy, history, and 
culture.
  Currently, the NHPRC is authorized to administer grants to promote 
preservation and use of America's documentary heritage. The NHPRC 
supports projects that preserve and make accessible records and 
archives, and research and develop means to preserve authentic 
electronic records. Unfortunately, the NHPRC does not preserve the 
documents of all Presidents.
  The Presidential Historical Records Preservation Act of 2008 would 
allow NHPRC to make grants on a competitive basis to eligible entities 
to promote the historic preservation of, and public access to, 
historical records and documents relating to any President who does not 
have a Presidential archival depository currently managed and 
maintained by the Federal Government pursuant to the Presidential 
Libraries Act of 1955.
  Mr. Speaker, this legislation, in order to be eligible to receive 
these grants, an entity must qualify as a 501(c)(3) of the Internal 
Revenue Code or be a State or local government. In order to maintain 
the integrity of the grant program, the NHPRC may only approve grants 
to those entities that possess historical works and collections of 
historical sources that the commission considers appropriate for 
preserving, publishing, or otherwise recording at the public expense. 
The entity must also have appropriate facilities

[[Page H10205]]

and space for preservation of such historical works and ensure public 
access to these collections.
  Finally, to maintain the fiscal integrity of this act, the receiving 
entity must have raised funds from non-Federal sources in support of 
the grant efforts. In addition, grants may not be used for the 
maintenance, operating costs, or construction of any facility to house 
the historical records of any President who does not have a 
Presidential archival depository currently managed by the Federal 
Government. Mr. Speaker, as you can see, the focus of the bill is 
preservation and access to documents, not constructing new buildings or 
monuments.
  I also commend my colleagues in the Senate for their improvements to 
this bill by allowing the Archivist to provide greater online access to 
historical documents of our Nation's Founding Fathers. With this 
provision, future generations will have greater access to the stories 
and journeys on the creation of our great country.
  I want to thank my colleagues, Ranking Member Davis and Chairman 
Waxman, for their help with this legislation. I would also like to 
thank the staff at the Archives and Senators Warner and Webb for their 
assistance, as well as the Senate Committee on Government Affairs and 
Homeland Security in crafting this important bill.
  Finally, I especially want to thank my constituents at the Woodrow 
Wilson Presidential Library in Staunton, Virginia, for their assistance 
and guidance as this bill has taken on many forms over the past few 
years. The Woodrow Wilson Presidential Library has preserved several 
thousand documents, and it is my hope that these NHPRC grants will help 
organizations like this serve the American public.
  Mr. DAVIS of Virginia. I yield back the balance of my time and urge 
my colleagues to support the bill.
  Mr. CLAY. Mr. Speaker, first before I close, I would like to commend 
my two colleagues from Virginia, Mr. Goodlatte and Mr. Davis, as well 
as their two U.S. Senators for introducing this important piece of 
legislation and shepherding it through, and I urge my colleagues to 
support this measure.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
pass the Senate bill, S. 3477.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________