To authorize the establishment of databases.

PRESIDENTIAL HISTORICAL RECORDS PRESERVATION ACT OF 2008

Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to
the immediate consideration of Calendar No. 1088, S. 3477.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 3477) to amend title 44, United States Code, to
authorize grants for Presidential Centers of Historical
Excellence.

There being no objection, the Senate proceed to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs with amendments, as follows:
[Omit the part within boldface brackets and insert the part printed
in italic]

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) amending subsection (g)(1) (as so redesignated by
paragraph (1))--
[(A) in subparagraph (R), by striking ``and'';
[(B) in subparagraph (S), by striking the period and
inserting ``; and''; and
[(C) by adding at the end the following:
[``(T) $15,000,000 for fiscal year 2010.''; and
[(3) inserting after subsection (e), the following:]
(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, [shall] 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

[[Page S9860]]

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.

Mr. WHITEHOUSE. I ask unanimous consent that the committee amendments
be agreed to; the Lieberman amendment which is at the desk be agreed
to; the bill, as amended, be read a third time and passed; the motions
to reconsider be laid upon the table with no intervening action or
debate; and that any statements related thereto be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
The amendment (No. 5666) was agreed to, as follows:

(Purpose: To authorize the establishment of databases)

At the end, add the following:

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.

The bill (S. 3477), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, 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

[[Page S9861]]

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

[[Page S9862]]

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.

____________________