[House Report 115-66]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-66
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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.
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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 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\
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\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.
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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\
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\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).
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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''.
* * * * * * *