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115th Congress    }                                         {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                         {   115-66

======================================================================



 
               FEDERAL AGENCY MAIL MANAGEMENT ACT OF 2017

                                _______
                                

 March 29, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 194]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 194) to ensure the effective 
processing of mail by Federal agencies, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

Committee Statement and Views....................................     1
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill as Reported.............     6

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    The Federal Agency Mail Management Act of 2017, H.R. 194 
makes a technical correction to the Presidential and Federal 
Records Act Amendments of 2014 (P.L. 113-187). This technical 
correction will clarify that the General Services 
Administration is responsible for the regulation and oversight 
of federal agency mail processing programs.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Presidential and Federal Records Act Amendments of 2014 
modernized and improved federal recordkeeping statutes. On 
November 26, 2014, President Obama signed the act into law as 
P.L. 113-187. P.L. 113-187 clarified the process for the 
release of presidential records and clarified that records are 
specific to information created, not the media on which it is 
stored. Additionally, the law established a timeframe limiting 
the permissible use of personal electronic messaging accounts 
for the conduct of official business. Finally, the legislation 
made a number of technical edits to existing law to reflect the 
appropriate roles and responsibilities of the National Archives 
and Records Administration (National Archives) and the General 
Services Administration (GSA) since their formal separation in 
1985.
    A technical edit made by P.L. 113-187 removed a reference 
authorizing GSA to ``promulgate standards, procedures, and 
guidelines with respect to records management.''\1\ The intent 
of this technical edit was to recognize the proper 
responsibility of the National Archives to oversee management 
of presidential and federal records. However, GSA interpreted 
the change as potentially limiting its ability to regulate 
federal agency mail management operations.
---------------------------------------------------------------------------
    \1\44 U.S.C. Sec. 2904(c)(1).
---------------------------------------------------------------------------
    GSA has been responsible for the oversight and regulation 
of agency mailrooms for decades and has developed significant 
expertise in mail management, mail security, and mail handling 
training and best practices.\2\ In this role, GSA leads the 
Federal Mail Council, organizes mail-related training, 
conferences, and seminars, and provides data and best practices 
on mail management to federal agencies.\3\ In fiscal year 2015, 
GSA provided oversight to more than $1.15 billion in federal 
agency mail-related expenditures.\4\
---------------------------------------------------------------------------
    \2\See generally General Serv. Admin., Mail Management Policy 
Overview, available at www.gsa.gov/mailpolicy.
    \3\Id.
    \4\General Serv. Admin., FY2015 Federal Mail Expenditures Open Data 
Set at table 8, available at www.gsa.gov/portal/content/235245.
---------------------------------------------------------------------------
    Since it was not the intent of Congress to shift mail 
management responsibilities from GSA to the National Archives, 
Representative Steve Russell introduced H.R. 194 to clarify 
GSA's authority by explicitly recognizing GSA's role. Both the 
National Archives and GSA support ensuring GSA retains mail 
management responsibilities.\5\
---------------------------------------------------------------------------
    \5\Email from John Hamilton, Director of Congressional Affairs, 
Nat'l. Archives and Records Admin., to Oversight and Gov't. Reform 
Comm. Staff (Jul. 11, 2016) (on file with the Committee).
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    On January 3, 2017, Representative Steve Russell (R-OK) 
introduced H.R. 194, the Federal Agency Mail Management Act of 
2017, with Representative Gerald Connolly (D-VA). H.R. 194 was 
referred to the Committee on Oversight and Government Reform. 
The Committee considered H.R. 194 at a business meeting on 
February 2, 2017 and ordered the bill reported favorably, 
without amendment, by voice vote.
    In the 114th Congress, Representative Russell introduced an 
identical bill to H.R. 194, which was H.R. 6009, the Federal 
Agency Mail Management Act of 2016. On September 15, 2016, the 
Committee ordered H.R. 6009 favorably reported by unanimous 
consent and on November 30, 2016 the House passed the bill by 
voice vote.

                           Section-by-Section


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Federal Agency Mail Management Act of 2017.''

Section 2. Record management

    Subsection (a) amends section 9 of the Presidential and 
Federal Records Act Amendments of 2014 (P.L. 113-187), as 
codified at title 44 section 101 note of the United States 
code.
    Paragraph (1) amends section 9(a)(3) to insert ``Archivist 
or the Administrator'' in place of ``Administrator''.
    Paragraph (2) amends section 9(c)(1) to clarify that the 
Archivist is responsible for providing guidance and assistance 
to federal agencies to ensure economical and effective records 
management; adequate and proper documentation of the policies 
and transactions of the federal government; and proper records 
disposition.
    Paragraph (2) further amends 9(c) to redesignate paragraphs 
(2) and (3) in order to add a new paragraph (2) directing the 
Administrator of General Services (Administrator) to ensure 
effective processing of mail by federal agencies. Finally, the 
paragraph adds a new paragraph, (5), requiring the 
Administrator, when carrying out his or her duties under 
paragraph (2) as amended, ensure the promotion of economy and 
efficiency in the selection and utilization of space, staff, 
equipment, and supplies for processing mail at federal 
facilities, while also making necessary conforming amendments.
    Paragraph (3) amends section 9(d) by inserting a new 
paragraph at the end to permit the Administrator or his or her 
designee the ability to inspect mail processing practices and 
programs of any federal agency for rendering recommendations 
for the improvement of mail processing practices and programs. 
Agencies are also required to cooperate fully in such 
inspections.
    Paragraph (4) strikes section 9(f), as it is no longer 
necessary due to the other changes of the bill, and paragraph 
(5) redesignates section 9(g) as 9(f).
    Subsection (b) makes this act retroactive to the date of 
enactment of the Presidential and Federal Records Act 
Amendments of 2014 (P.L. 113-187).

                       Explanation of Amendments

    There were no amendments to H.R. 194 offered or adopted 
during Committee consideration of the bill.

                        Committee Consideration

    On February 2, 2017, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported by voice vote.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
Full Committee consideration of H.R. 194.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill makes a technical correction to the Presidential and 
Federal Records Act Amendments of 2014 (P.L. 113-187) to 
clarify that the General Services Administration is responsible 
for the regulation and oversight of federal agency mail 
processing programs. As such this bill does not relate to 
employment or access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to ensure the effective 
processing of mail by Federal agencies, and for other purposes.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII, no 
provision of this bill establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of section 551 or title 5, United States Code.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement, the Committee 
has included below a letter received from the Congressional 
Budget Office.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974, which the Committee has included below.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

H.R. 194--Federal Agency Mail Management Act of 2017

    CBO estimates that enacting H.R. 194 would have no 
significant effect on the federal budget. The legislation would 
amend federal law to clarify that the General Services 
Administration (GSA) has the responsibility for promoting and 
recommending efficient practices for processing mail among 
federal agencies. GSA already performs this function.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 194 would not increase 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 194 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014

           *       *       *       *       *       *       *



SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.

  (a) Objectives of Records Management.--Section 2902 of title 
44, United States Code, is amended--
          (1) in paragraph (4), by striking ``creation and of 
        records maintenance and use'' and inserting ``creation, 
        maintenance, transfer, and use'';
          (2) in paragraph (6), by inserting after ``Federal 
        paperwork'' the following: ``and the transfer of 
        records from Federal agencies to the National Archives 
        of the United States in digital or electronic form to 
        the greatest extent possible''; and
          [(3) in paragraph (7), by striking ``the 
        Administrator or''.]
          (3) in paragraph (7), by striking ``the Administrator 
        or the Archivist'' and inserting ``the Archivist or the 
        Administrator''.
  (b) Records Centers and Centralized Microfilming Services.--
          (1) Amendment.--Section 2907 of title 44, United 
        States Code, is amended--
                  (A) in the section heading by inserting ``or 
                digitization'' after ``microfilming''; and
                  (B) by inserting ``or digitization'' after 
                ``microfilming''.
          (2) Conforming amendment.--The table of sections at 
        the beginning of chapter 29 of title 44, United States 
        Code, is amended in the item relating to section 2907 
        by inserting ``or digitization'' after 
        ``microfilming''.
  (c) General Responsibilities for Records Management.--Section 
2904 of title 44, United States Code, is amended--
          [(1) in subsection (b), by striking ``The 
        Administrator'' and inserting ``The Archivist'';]
          (1) by amending subsection (a) to read as follows:
  ``(a) The Archivist shall provide guidance and assistance to 
Federal agencies with respect to ensuring--
          ``(1) economical and effective records management;
          ``(2) adequate and proper documentation of the 
        policies and transactions of the Federal Government; 
        and
          ``(3) proper records disposition.'';
          (2) in subsection (b), by striking ``effective 
        records management by such agencies'' and inserting 
        ``effective processing of mail by Federal agencies'';
          [(2)] (3) in subsection (c)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``their'' and 
                        inserting ``the'';
                          (ii) by striking ``subsection (a) or 
                        (b), respectively'' and inserting 
                        ``[subsections (a) and (b)] subsection 
                        (a)'';
                          (iii) by striking ``and the 
                        Administrator''; and
                          (iv) by striking ``each''; and
                  (B) in paragraph (8), by striking ``or the 
                Administrator (as the case may be)''; [and]
          [(3)] (4) subsection (d) is amended to read as 
        follows:
  ``(d) The Archivist shall promulgate regulations requiring 
all Federal agencies to transfer all digital or electronic 
records to the National Archives of the United States in 
digital or electronic form to the greatest extent 
possible.''[.]; and
          (5) by inserting at the end the following new 
        subsection:
  ``(e) The Administrator, in carrying out subsection (b), 
shall have the responsibility to promote economy and efficiency 
in the selection and utilization of space, staff, equipment, 
and supplies for processing mail at Federal facilities.''.
  (d) Inspection of Agency Records.--Section 2906 of title 44, 
United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``their respective'' 
                        and inserting ``the'';
                          (ii) by striking ``the Administrator 
                        of General Services and'';
                          (iii) by striking ``designee of 
                        either'' and inserting ``the 
                        Archivist's designee'';
                          (iv) by striking ``solely''; and
                          (v) by inserting after ``for the 
                        improvement of records management 
                        practices and programs'' the following: 
                        ``and for determining whether the 
                        records of Federal agencies have 
                        sufficient value to warrant continued 
                        preservation or lack sufficient value 
                        to justify continued preservation'';
                  (B) in paragraph (2)--
                          (i) by striking ``the Administrator 
                        and''; and
                          (ii) by striking the second sentence; 
                        and
                  (C) in paragraph (3)--
                          (i) in the matter preceding 
                        subparagraph (A)--
                                  (I) by striking ``the 
                                Administrator or''; and
                                  (II) by striking ``designee 
                                of either'' and inserting 
                                ``Archivist's designee''; and
                          (ii) in subparagraph (A), by striking 
                        ``the Administrator, the Archivist,'' 
                        and inserting ``the Archivist''[; and];
          (2) in subsection (b)--
                  (A) by striking ``the Administrator and''; 
                and
                  (B) by striking ``designee of either'' and 
                inserting ``Archivist's designee''[.]; and
          (3) by inserting at the end the following new 
        subsection:
  ``(c) The Administrator (or the Administrator's designee) may 
inspect the mail processing practices and programs of any 
Federal agency for the purpose of rendering recommendations for 
the improvement of mail processing practices and programs. 
Officers and employees of such agencies shall cooperate fully 
in such inspections of mail processing practices and 
programs.''.
  (e) Reports; Correction of Violations.--Section 2115 of title 
44, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking ``their respective'' and 
                inserting ``the'';
                  (B) by striking ``and the Administrator''; 
                and
                  (C) by striking ``each''; and
          (2) in subsection (b)--
                  (A) by striking ``either'';
                  (B) by striking ``or the Administrator'', 
                each place it appears; and
                  (C) by striking ``inaugurated'' and inserting 
                ``demonstrably commenced''.
  [(f) Records Management by the Archivist.--
          [(1) Amendment.--The heading for chapter 29 of title 
        44, United States Code, is amended by striking ``AND BY 
        THE ADMINISTRATOR OF GENERAL SERVICES''.
          [(2) Conforming amendment.--The table of chapters at 
        the beginning of title 44, United States Code, is 
        amended in the item related to chapter 29 by striking 
        ``and by the Administrator of General Services''.]
  [(g)] (f) Establishment of Program of Management.--Section 
3102(2) of title 44, United States Code, is amended by striking 
``the Administrator of General Services and''.

           *       *       *       *       *       *       *