The Presidential Libraries Act (P.L. 84-373; 69 Stat. 695), as originally enacted in 1955, sought to create a system of government “preservation and administration … of papers and other historical materials of any President or former President of the United States.” Pursuant to the law, the General Services Administration's (GSA's) Administrator could, among other actions, accept … the papers and other historical materials of any President or former President of the United States, or of any other official or former official of the Government, and other papers relating to and contemporary with any President or former President of the United States. (P.L. 84-373) Amid concerns about growing costs of the libraries, the act was substantially amended in 1986 (P.L. 99-323; 100 Stat. 495) to “shift the burden of on-going building operations costs of future libraries from the taxpayer to endowment funds.” Through the National Archives and Records Administration (NARA), the federal government currently operates and maintains 13 presidential libraries, and is currently engaging with representatives seeking to construct a presidential library for President Barack Obama. The libraries, which primarily serve as archival repositories and museums in which the records and memorabilia of the former Presidents are held and made available to researchers and the public, are privately constructed on behalf of former Presidents. Before construction on a presidential archival facility can begin, the Archivist must approve a plan, and Congress must be provided 60 days of continuous session during which it can disapprove of the plan. If Congress chooses not to act, the land, buildings, and sometimes other amenities for the library may be deeded to or otherwise placed under the control of the federal government. Among some concerns associated with the construction and maintenance of presidential libraries is the role of the private organizations that build and, sometimes, continue to inhabit the buildings. The private organizations, commonly referred to as presidential library foundations, support the construction of the libraries and sometimes provide funding for the exhibitions displayed within the library or its museum. Each library and foundation has a unique partnership. Such a relationship, however, may also lead to difficulties in determining which exhibits are displayed, ensuring a balanced portrayal of the President's legacy, and differentiating between public and private space at the facilities. This report details the legislative history of the Presidential Libraries Act. The report then examines information on existing library facilities and their locations, organizational characteristics, and outreach efforts. It also analyzes legislative options for the act, including increasing endowment requirements for the library foundations and clearly delineating the relationship between NARA and the libraries' supporting organizations. Congress, for example, might consider consolidating the libraries into one centralized location or could attempt to create standards for the historical exhibits at the libraries.

The Presidential Historical Records Preservation Act of 2008 [PL 110-404] requires that the Archivist of the United States submit to Congress a report on alternative models for Presidential archival depositories that: (1) Reduces the financial burden on the Federal Government; (2) Improves the preservation of Presidential records; and (3) Reduces the delay in public access to all Presidential records. This report will provide an overview of the history of the Library system and the statutory and other legal frameworks which govern Presidential Library operations. This context will inform the discussion of proposed alternative models for a Presidential Library that might reduce the financial burden to the Government and improve preservation and public access to Presidential records. In addressing the requirements of the Act, it should be noted that there is a tension among the three charges. Alternative models for a Presidential Library that reduce the Government's financial burden may not necessarily result in better preservation or quicker public access to Presidential records. Likewise, improvements in both of these areas could result in increased costs to the Federal Government. The models proposed in the report have tried to consider and balance this tension. In evaluating this report, the reader needs to consider how broad the National Archives and Records Administration (NARA) mission should be, what audiences should be served, and what their experience with a Presidential Library should be. Five appendices are included: (1) Summary of Public Comments; (2) Location of Presidential Papers and Libraries; (3) Presidential Library Costs and Improvements; (4) 2008 Trust Fund Statement; and (5) Cost Analysis Spreadsheets. (Contains 22 footnotes.).