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[House Report 114-825]
[From the U.S. Government Publishing Office]

114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-825

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               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.
---------------------------------------------------------------------------
    \1\44 U.S.C. Sec. 2904(c)(1).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]
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