[Senate Report 110-525]
[From the U.S. Government Publishing Office]
Calendar No. 1088
110th Congress Report
SENATE
2d Session 110-525
======================================================================
PRESIDENTIAL HISTORICAL RECORDS PRESERVATION ACT OF 2008
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3477
TO AMEND TITLE 44, UNITED STATES CODE, TO AUTHORIZE GRANTS FOR
PRESIDENTIAL CENTERS OF HISTORICAL EXCELLENCE
November 19, 2008.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Adam R. Sedgewick, Professional Staff Member
Eric S. Hopkins, Professional Staff Member, Subcommittee on Federal
Financial Management, Government Information, Federal Services, and
International Security
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
John K. Grant, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 1088
110th Congress Report
SENATE
2d Session 110-525
======================================================================
PRESIDENTIAL HISTORICAL RECORDS PRESERVATION ACT OF 2008
_______
November 19, 2008.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3477]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3477) to amend
title 44, United States Code, to authorize grants for
Presidential Centers of Historical Excellence, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
I. Purpose and Summary
S. 3477, the ``Presidential Historical Records Preservation
Act of 2008'' seeks to promote funding to preserve, digitize,
and provide online access to documents of historical
significance that may not have received funding in the past.
The bill would modify an existing grant program administered by
the National Historical Publications and Records Commission
(``the Commission'') to specify that grants can support public-
private partnerships to preserve presidential documents that
are not included in the existing Presidential library system.
The bill also seeks to make other key improvements to the
system for archiving Presidential documents.
As reported, the bill establishes a process for providing
grants to institutions honoring former presidents that are not
federally maintained under the Presidential Libraries Act of
1955. Institutions applying for funds under this process must
be either not-for-profit or owned by a state or local
government. In addition, applicants must be able to prove,
among other qualifications, that: Facilities are appropriate to
preserve the historical documents; free public access can be
provided; and matching funds have been raised from non-federal
sources. Activities conducted under the grant process will be
included in the National Archives budget filings.
The bill also makes improvements in the overall
presidential library program. It would require the Archivist to
develop a prioritized capital improvement plan for federally
maintained presidential libraries for all investments over $1
million. The capital improvement plan would be provided to
Congress annually with a prioritized list of necessary repairs
and the current cost estimate for the investment.
S. 3477 also would increase the amount of money that must
be raised before a private entity constructing a presidential
library transfers the property to federal government ownership.
Private entities currently raise an endowment to cover future
costs associated with repairs and maintenance. However it has
come to the Committee's attention that the existing amount
required for this endowment is insufficient for many libraries,
forcing Congress to approve additional spending on emergency
repairs for older institutions.
The bill requires the Archives to report 270 days after the
enactment of this bill on new methods to preserve presidential
materials that could reduce the financial burden on the federal
government, improve preservation of records, and reduce the
delay in public access to the records held by the library.
The bill also makes structural changes to the Commission by
placing eight-year term limits on members and requires members
to recuse themselves from votes that could lead to a conflict
of interest.
Furthermore the bill establishes an independent advisory
committee to review the progress of grants that collects,
transcribes, and annotates the materials written and received
by key statesmen such as Thomas Jefferson and Benjamin
Franklin. These ``Founding Fathers'' projects have been funded
by the Commission since 1964. However, despite their
importance, many of these projects are not expected to be
finished for decades. In light of this, the bill requires that
that these documents be published online through a single Web
portal that can be updated with future publications as they are
completed.\1\
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\1\The Founding Fathers' Papers: Ensuring Public Access to our
National Treasures Before the United States Senate Judiciary Committee,
110th Cong. (2008) (statement of the Honorable Allen Weinstein,
Archivist, National Archives and Records Administration).
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II. Background and Need for Legislation
Through the Presidential Libraries Act of 1955, the
National Archives and Records Administration currently manages
and maintains 12 Presidential libraries (from President Hoover
to President Clinton). These libraries are privately
constructed, deeded to the federal government, and store the
official records and papers of the former presidents. The
federal government pays to maintain these institutions.
However, there are many historically significant documents
associated with presidents that preceded President Hoover which
are not maintained by federally owned archival depositories.
The Committee believes that it is important to preserve and
enhance public access to these records. One way to achieve this
goal is through a public-private partnership that would
preserve the documents without financially burdening the
federal government. The Committee recognizes that there are
non-profit organizations in America that could undertake the
preservation of presidential records and achieve this goal.
Therefore, under this legislation grants could be awarded
by the National Historical Records and Publications Commission
on a competitive basis to enhance preservation and public
access to historical presidential records that are owned by
private libraries. Entities competing for grants under this
bill would be required to receive matching grants from non-
federal sources; ensure a plan is in place to preserve and
provide public access to the historical documents; provide a
facility that is capable of appropriately preserving the
documents; and provide free public access to the documents.
As it carries out the legislation, the Commission must
provide the Senate Committee on Homeland Security and
Governmental Affairs a report identifying current entities that
fit these requirements and would be able to apply for grants.
In addition, the Committee recognizes that some of the
prior grant awards by the Commission have gone to universities
and other nonprofits to transcribe original documents from key
statesmen such as Thomas Jefferson and John Adams. Many of
these projects have taken years to complete and still require a
significant amount of time and money. For example, the project
to publish John Adam's papers has been ongoing for 52 years and
is not expected to be completed until 2049, or 181 years after
his death.\2\
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\2\Only Alexander Hamilton's papers have been completed. According
to the National Historic Publication and Records Commission, the papers
of Thomas Jefferson will not be completed until 2025, the Washington
papers in 2023, the papers of Benjamin Franklin and James Madison in
2030, and the Adams papers by 2049.
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In response such delays, in 2008 Congress passed a law
which directed the Archivist to develop a plan that will
accelerate this process and leverage digitization technologies
to provide online access to anyone, anywhere to view these
historically valuable documents.\3\ S. 3477 builds on that
requirement and allows the Archivist to enter into an agreement
to provide online access to the published volumes of our
founding fathers and other prominent historical figures. It is
the intent of the Committee that all current and future
publications of the founding fathers be freely accessible,
easily searchable, and include the analyses provided by the
documentary editors. In addition, the bill will allow the
Archivist to establish an advisory committee to review the
current editorial projects being funded and, in consultation
with the officials overseeing these editorial projects,
recommend completion goals that will not sacrifice quality. The
advisory committee should operate independently of the
Commission and report directly to the Archivist.
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\3\Division D--Financial Services and General Government and
Appropriations Acts, 2008 Title V, Pub. L. No. 110-161.
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Also, an investigation by the Subcommittee on Federal
Financial Management, Government Information, Federal Services,
and International Security into the Commission found potential
structural issues with the Commission that may hinder the
organization. For instance members on the Commission who
select, review, and fund many of the grants have served for
decades andrepresent some of the entities receiving the grants.
Therefore, S. 3477 creates term limits of eight years for all members
except for permanent ex officio members and establishes a recusal
process that will prevent members from voting on issues that may
benefit them or an entity they represent. These requirements will be
retroactive and effective for current and future members of the
Commission.
Further, Congress has increasingly been forced to designate
spending for required maintenance and repairs needed for
specific presidential libraries, some of which have been
emergency in nature. Some of these library facilities have
unexpectedly required millions of dollars in additional funding
in order to prevent the destruction of priceless artifacts from
weakened and leaking roofs, substandard infrastructure, and
improper temperature controls.\4\ Unfortunately there has not
been an overall approach for addressing these problems, leaving
some libraries needing critical repairs. S. 3477 requires the
Archivist to provide Congress with an annual capital
improvement plan for all presidential libraries currently owned
and operated by the federal government. This capital
improvement plan will prioritize all capital improvements
estimated to cost more than $1 million and provide
justifications for these cost estimates. Congress would then be
able to better direct funding to the most urgent repairs.
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\4\John F. Kennedy Library and Lyndon B. Johnson Library: S. 3260
Financial Services and General Government Appropriations Bill, p. 82-
83.
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In addition, S. 3477 will increase the endowment that a
private foundation associated with a future president must
provide for future maintenance and repair of that presidential
library. The Subcommittee on Federal Financial Management's
investigation found that many of the endowments provided for
previous libraries insufficiently covered the costs of both
expected and unexpected repairs on the facilities.
Lastly, the Subcommittee on Federal Financial Management
held a hearing in May 2008 that revealed that, not only is
there a huge financial burden on the federal government to
maintain presidential libraries, but also that much of the
artifacts are inappropriately stored or unavailable for public
dissemination.\5\ Sometimes, records as far back as a decade or
more are still unavailable to be accessed due to the current
archival process. S. 3477 requires the Archives to submit to
Congressional oversight committees a report to reduce the
financial burden on the federal government, improve the
preservation of presidential records, and reduce the delay in
public access to all presidential libraries.
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\5\National Archives Oversight: Protecting Our Nation's History for
Future Generations Before the Senate Subcommittee on Federal Financial
Management, Government Information, Federal Services, and International
Security, 110th Cong. (2008) (testimony of Thomas Blanton, Director,
National Security Archives).
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The Committee recognizes that the Commission has an
overwhelming mission to preserve historically significant
state, local, and national records. However, in each of the
past four fiscal years, the Commission has received
appropriations below its authorized levels. The Committee
believes appropriations should be provided at authorized levels
in order to empower the Commission to fulfill its
responsibilities. Further, the Committee does not intend to
supersede existing categories of grants administered by the
Commission. Instead, discretion shall be left to the Commission
as to what eligible programs shall take priority out of
existing funds.
III. Legislative History
S. 3477 was introduced by Senator Warner and Senator Webb
on September 11, 2008, and referred to the Subcommittee on
Federal Financial Management, Government Information, Federal
Services, and International Security. S. 3477 was polled out of
Subcommittee on September 12 and the full Committee considered
S. 3477 on September 18, 2008. The Committee ordered the bill
reported favorably, as amended by a Carper-Warner substitute
amendment. Members present for the vote were Lieberman, Levin,
Akaka, Carper, Pryor, McCaskill, Collins, Stevens, Domenici,
Warner, and Sununu.
The bill was signed by the President on October 13, 2008
and became Public Law No. 110-404.
IV. Section-by-Section Analysis
Section 1. Short title
The Act is entitled the ``Presidential Historical Records
Preservation Act of 2008.''
Section 2. Grants for Presidential centers of historical excellence
This section modifies the National Historical Publications
and Records Commission grant program to provide grants to
preserve, and provide public access to, historical documents of
Presidents not currently covered under the Presidential
Libraries Act of 1955.
The section stipulates that amounts received under the
grants provided in this section shall be used only to promote
the preservation of, and public access to, historical records
or documents relating to any former President covered under
this Act and may not be used for the maintenance, operating
costs, or construction of any facility to house these
historical records.
In addition, the section establishes the following criteria
an entity must meet in order for the National Historical
Publications and Records Commission to award a grant. An entity
must:
(i) Possess historical presidential records that the
Commission considers appropriate to preserve;
(ii) Have appropriate facilities and space to
preserve and provide public access to the records;
(iii) Preserve and provide public access to the
records at no expense to the general public;
(iv) Develop educational programs to educate the
public and promote the presidential records;
(v) Raise matching funds from non-federal sources in
support of preserving and providing public access to
the presidential records;
(vi) Coordinate with federal programs or activities
to enhance access to the presidential records;
(vii) Coordinate with non-federal programs or
activities to enhance access to the presidential
records; and
(viii) Develop a plan to preserve and provide public
access to the presidential records.
Section 3. Term limits and recusal for Commission members
Subsection (a) establishes term limits of eight years for
all members except for the Archivist and the Librarian of
Congress who are permanent ex officio members. These term
limits apply to current and future members after the bill's
enactment.
Subsection (b) requires that members of the Commission
recuse themselves if the matter being voted on poses or could
pose a conflict of interest for the members or an entity they
represent.
Section 4. Online access to the founding fathers' papers
Subsection (a) directs the Archivist to enter into a
cooperative agreement to provide online access to the current
and future published volumes of the founding fathers' papers
and other prominent historical figures.
Subsection (b) allows the Archivist, as head of the
National Historical Publications and Records Commission, to use
funds from the Commission to support online access to the
current and future published volumes of the founding fathers'
papers. The Archivist must submit an annual report to Congress,
no later than December 31st of each year, on the cooperative
agreement provisions used to support subsection (a).
Section 5. Accelerated completion of the founding fathers' papers
Subsection (a) establishes an independent advisory
committee outside of the Commission to review the progress of
the founding fathers' editorial projects funded by the
Commission and report to the Archivist on whether these
projects are achieving their performance goals, reasons why
projects may not be achieving their performance goals, and
recommended funding levels for these projects.
Subsection (b) directs entities receiving funding by the
Commission for editorial projects to annually provide the
advisory committee established under subsection (a) information
regarding their total funding level from both public and
private sources, activities undertaken by this funding, and
performance metrics associated with the funding.
Subsection (c) describes the details of the advisory
committee established under subsection (a). This subsection
directs the Archivist to appoint three nationally recognized
historians for no more than two consecutive 4-year terms and
requires that the committee meet at least once a year and
provide a report to Congress on the information analyzed under
subsection (b). This report must recommend legislative or
executive actions that will accelerate the completion of the
founding fathers' papers.
Section 6. Capital improvement plan for Presidential archival
depositories and report
Section 6 requires the Archivist to submit to the
Committees on Appropriations in the Senate and the House of
Representatives a capital improvement plan for all Presidential
archival depositories. This capital improvement plan should
prioritize all capital projects needed at the facilities that
are estimated to cost more than $1 million. The plan should
include the current cost estimate of each capital project, the
basis for the estimate, any previous estimates for the capital
project, and a completion date. If the capital project has not
been started, then the plan should include an expected start
date. The Archivist shall update the capital improvement plan
annually and submit it along with the President's budget
request and provide an explanation for any changes in the cost
estimates of the capital projects.
Subsection (b) increases the percent for calculating the
archival endowment used for future maintenance and repairs of
the facility, land, and equipment from 40 percent to 60
percent.
Subsection (c) requires that the Archivist submit to
Congressional oversight committees a report that provides
alternative models for presidential archival depositories that
would reduce the financial burden on the federal government,
improve the preservation of Presidential records, and reduce
the delay in public access to all Presidential records. This
report shall be submitted no later than 270 days after the
enactment of this act.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The Committee
believes that the bill strengthens government management
practices and will result in reduced costs for regulated
entities. The legislation will not result in additional
regulation, increased economic impact, adverse impact on
personal privacy, or additional paperwork on any individuals or
businesses.
VI. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Committee bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
* * * * * * *
Sec. 2112. Presidential archival depository
(a) * * *
* * * * * * *
(g) For purposes of subparagraphs (A)(ii), (B)(i)(II), and
(B)(ii)(II) of paragraph (3) the percentage of [40] 60 percent
shall apply instead of 20 percent.
* * * * * * *
Sec. 2120. Online access of founding fathers documents
(a) 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.
* * * * * * *
CHAPTER 25--NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
* * * * * * *
Sec. 2501. Creation; composition; appointment and tenure; meetings
(a) * * *
(b) * * *
(1) The members appointed under subsection (a) shall
be appointed for not more than 2 terms of 4 years,
except that--
(A) a member appointed under subsection
(a)(1)(D) shall be appointed for [a term] not
more than 4 terms of 2 years; and
(B) The Archivist and the Librarian of
Congress are permanent ex officio members.
* * * * * * *
(c) * * *
(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.
* * * * * * *
Sec. 2504. Duties; authorization of grants for historical publications
and records programs; authorization for
appropriations
(a) * * *
* * * * * * *
(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 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
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.
* * * * * * *
[(f)(1)] (g)(1) For the purposes specified in this section,
there is hereby authorized to be appropriated to the National
Historical Publications and Records Commission--
* * * * * * *