[Senate Report 115-176]
[From the U.S. Government Publishing Office]
Calendar No. 250
115th Congress } { Report
SENATE
1st Session } { 115-176
_______________________________________________________________________
FEDERAL AGENCY MAIL MANAGEMENT
ACT OF 2017
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 194
TO ENSURE THE EFFECTIVE PROCESSING OF MAIL BY FEDERAL AGENCIES, AND FOR
OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 19, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2017
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Daniel J. Spino, Research Assistant
Margaret E. Daum, Minority Staff Director
Stacia M. Cardille, Minority Chief Counsel
Charles A. Moskowitz, Minority Senior Legislative Counsel
Katherine C. Sybenga, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 250
115th Congress } { Report
SENATE
1st Session } { 115-176
======================================================================
FEDERAL AGENCY MAIL MANAGEMENT ACT OF 2017
_______
October 19, 2017.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, 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 Homeland Security and Governmental
Affairs, to which 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, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Act, as Reported.............4
I. Purpose and Summary
The purpose of H.R. 194, the Federal Agency Mail Management
Act of 2017, is to make a technical correction to the
Presidential and Federal Records Act Amendments of 2014. This
change affirms Congress's intent that the General Services
Administration (GSA) is responsible for the oversight and
regulation of Federal agency mail processing.
II. Background and the Need for Legislation
On November 26, 2014, the Presidential and Federal Records
Act Amendments of 2014 (PFRAA) was signed into law by President
Obama.\1\ The PFRAA modernized the Presidential Records Act of
1978 and the Federal Records Act of 1959.\2\
---------------------------------------------------------------------------
\1\Pub. L. No. 113-187.
\2\Press Release, National Archives and Records Administration,
National Archives Welcomes Presidential and Federal Records Act
Amendments of 2014, (Dec. 12, 2014), https://www.archives.gov/press/
press-releases/2015/nr15-23.html (last visited Aug 29, 2017).
---------------------------------------------------------------------------
PFRAA's primary objective was to update the laws on Federal
recordkeeping, particularly with regard to electronic
information.\3\ To further this end, PFRAA removed GSA's
authority to ``promulgate standards, procedures, and guidelines
with respect to records management.''\4\ The purpose of this
provision was to remove some recordkeeping responsibilities
from GSA in recognition of the National Archives and Records
Administration's (NARA) archiving role, particularly with
regard to emails and other electronic information.\5\
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\3\H.R. Rep. No. 113-127, at 5 (2013).
\4\44 U.S.C. Sec. 2904(c)(1).
\5\H.R. Rep. No. 113-127, at 5 (2013).
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PFRAA was not clear, however, about whether GSA would
retain its authority over Federal agency mail management, and
the lack of clarity has led to confusion between GSA and NARA.
H.R. 194 clarifies that GSA retains authority over Federal
agency mail management. The bill applies retroactively to the
date of enactment of the PFRAA. Both GSA and NARA support this
legislation.\6\
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\6\January 31, 2017 Business Meeting Before H. Comm. on Oversight
and Gov't Reform 114th Cong. (2017) (statement made by Rep. Steve
Russell, Member, H. Comm. on Oversight & Gov't Reform).
---------------------------------------------------------------------------
III. Legislative History
Representatives Steve Russell (R-OK) and Gerald Connolly
(D-VA) introduced H.R. 194, the Federal Agency Mail Management
Act of 2017, on January 3, 2017. The bill was referred to the
Committee on Oversight and Governmental Reform in the House of
Representatives. The Committee on Oversight and Governmental
Reform considered H.R. 194 at a business meeting on January 31,
2017, and ordered the bill reported favorably, without
amendment, by voice vote. The House of Representatives passed
H.R. 194 by voice vote on May 17, 2017.
The Act was referred to the Committee on May 18, 2017. The
Committee considered H.R. 194 at a business meeting on July 26,
2017. The Act was ordered reported favorably en bloc by voice
vote. Senators present for the vote were Johnson, Portman,
Lankford, Daines, McCaskill, Tester, Heitkamp, Hassan and
Harris.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section establishes the short title of the Act as the
``Federal Agency Mail Management Act of 2017.''
Sec. 2. Record management
Section 2 amends Section 9 of the Presidential and Federal
Records Act Amendments of 2014 by clarifying that the National
Archivist is in charge of assisting Federal agencies with
economical and effective records management, adequate and
proper documentation of policies of the Federal Government, and
the proper disposition of records.
It also directs GSA to ensure effective processing of mail
by Federal agencies and to promote the economy and efficiency
in the selection and utilization of space, staff, equipment,
and supplies for processing mail at Federal facilities while
carrying out its duties.
Section 2 also authorizes the GSA Administrator to inspect
mail processing practices and programs and issue
recommendations for improvements to the agencies.
Finally, this section establishes that the Act is effective
retroactively as if it was included in the Presidential and
Federal Records Act Amendments of 2014.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the Act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
August 4, 2017.
Hon. Ron Johnson, Chairman,
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 194, the Federal
Agency Mail Management Act of 2017.
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. 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 legislation 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.
On February 9, 2017, CBO transmitted a cost estimate for
H.R. 194 as ordered reported by the House Committee on
Oversight and Government Reform on February 2, 2017. The two
versions of legislation are identical, and CBO's estimates of
the budgetary effects are the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 1--JOINT COMMITTEE ON PRINTING
* * * * * * *
SECTION 101--JOINT COMMITTEE ON PRINTING: MEMBERSHIP
* * * * * * *
PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014
* * * * * * *
SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.
(a) * * *
(1) * * *
(2) * * *
(3) in paragraph (7), by striking ``the Administrator
or the Archivist'' and inserting ``the Archivist or the
Administrator''.
(b) * * *
(c) * * *
[(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) * * *
(1) * * *
(A) * * *
(B) * * *
(C) * * *
(i) * * *
(ii) in subparagraph (A), by striking
``the Administrator, the Archivist,''
and inserting ``the Archivist''[; and];
(2) * * *
(A) * * *
(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 practice 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) * * *
[(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 Service''.]
[(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]