[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











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                                                       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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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''.

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