[House Report 114-825]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-825
======================================================================
FEDERAL AGENCY MAIL MANAGEMENT ACT OF 2016
_______
November 14, 2016.--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. 6009]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 6009) 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
Page
Committee Statement and Views.................................... 1
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
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....................................... 4
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
H.R. 6009, the Federal Agency Mail Management Act of 2016,
would make a technical correction to the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187) to
clarify that the General Services Administration (GSA) is
responsible for the regulation and oversight of federal agency
mail processing programs.
BACKGROUND AND NEED FOR LEGISLATION
On November 26, 2014, President Barack Obama signed into
law H.R. 1233, the Presidential and Federal Records Act
Amendments of 2014 (P.L. 113-187). The legislation was designed
to improve and modernize aging federal recordkeeping statutes.
Notably, the law codified procedures related to the use of
Executive privilege with regard to the records of former
Presidents; clarified that recordkeeping should be focused on
the information in the record itself, not the original media in
which the record is preserved; and established a framework to
tightly limit the permissible use of non-official electronic
messaging accounts for official government business.
Additionally, the bill made a number of further technical
changes to replace and correct references that were put in
place before the National Archives and Records Administration
(Archives) separated from GSA in 1985.
Among the technical changes made by the law was the removal
of a reference giving GSA the authority in section 2904 of
title 44, United States Code, to ``promulgate standards,
procedures, and guidelines with respect to records
management.''\1\ Although Congressional intent was for GSA to
maintain authority over agency mail rooms, GSA was concerned
that the new language called that authority into question.
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\1\44 U.S.C. Sec. 2904(c)(1).
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GSA has been responsible for the oversight and regulation
of agency mail rooms for decades and the agency has developed
significant expertise in mail management, mail security, and
mail handling training and best practices.\2\ In this role, GSA
has created online training tools, hosted in-person training
seminars, prepared mail security guides, tracked government-
wide mail volume and spending, and has even given an annual
award to individual agency mail managers for Federal Mail Best
Practices.\3\ In fiscal year 2015 alone, GSA was able to
provide oversight to more than $1.15 billion in federal agency
mailing costs.\4\
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\2\See generally General Serv. Administration. Mail Management
Policy Overview, available at www.gsa.gov/mailpolicy.
\3\Id.
\4\General Serv. Administration, FY 2015 Federal Mail Expenditures
Open Data Set at table 8, available at: http://www.gsa.gov/portal/
content/235245.
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H.R. 6009 would clarify title 44 of United States Code to
differentiate records management as a responsibility of the
Archives and mail management as a responsibility of GSA.
Restoring clarity concerning GSA''s role as the watchdog of
federal agency mailrooms is essential to ensuring the safety,
safety, efficiency of federal agency mail.
LEGISLATIVE HISTORY
H.R. 6009, the Federal Agency Mail Management Act of 2016,
was introduced on September 13, 2016 by Representative Steve
Russell (R-OK) and referred to the Committee on Oversight and
Government Reform. On September 15, 2015, the Committee on
Oversight and Government Reform ordered H.R. 6009 favorably
reported, without amendment, by unanimous consent. Rep. Gerald
Connolly (D-VA) is an original cosponsor.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Federal
Agency Mail Management Act of 2016.''
Section 2. Record management
Subsection (a) amends section 9 of the Presidential and
Federal Records Act Amendments of 2014 (P.L. 113-187).
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 assistances
to federal agencies to ensure: (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. Paragraph (2) also further
amends 9(c) to redesignate paragraphs (2) and (3) as (3) and
(4), respectively, and to add a new paragraph (2) directing the
Administrator of General Services (Administrator) to ensure
effective processing of mail by federal agencies and another
new paragraph, (5), requiring the Administrator, when carrying
out their duties as a result of the new paragraph (2), to
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
designee the ability to inspect mail processing practices and
programs of any federal agency for the purpose of rendering
recommendations for the improvement of mail processing
practices and programs. Agencies are also required to cooperate
fully in such inspections.
Paragraph (4) strikes subsection 9(f) as it is no longer
necessary due to the other changes of the bill and paragraph
(5) redesignates subsection 9(g) as 9(f).
Subsection (b) states that the amendments made by the bill
shall take effect as if they were included in the Presidential
and Federal Records Act Amendments of 2014 (P.L. 113-187).
Explanation of Amendments
No amendments to H.R. 6009 were offered or adopted during
Full Committee consideration of the bill.
Committee Consideration
On September 15, 2016 the Committee met in open session and
ordered reported favorably the bill, H.R. 6009, by unanimous
consent, a quorum being present.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 6009.
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 ensures the effective processing of mail by Federal
agencies. 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 and objective of the bill is to ensure the effective
processing of mail by Federal agencies.
Duplication of Federal Programs
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 5 U.S.C. 551.
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 5 U.S.C. App., Section 5(b).
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
received a letter from the Congressional Budget Office included
herein.
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.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 29, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6009, the Federal
Agency Mail Management Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
H.R. 6009--Federal Agency Mail Management Act of 2016
CBO estimates that enacting H.R. 6009 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 mail practices 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. 6009 would not increase
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 6009 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of 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 italic, 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''.
* * * * * * *
[all]