U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–176 

Calendar No. 250 

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 

OCTOBER 19, 2017.—Ordered to be printed 


congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

JON TESTER, Montana 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

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 

2 

1Pub. L. No. 113–187. 

2Press 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). 3 H.R. Rep. No. 113–127, at 5 (2013). 

4 44 U.S.C. § 2904(c)(1). 

5 H.R. Rep. No. 113–127, at 5 (2013). 

6January 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). 

Obama.1 The PFRAA modernized the Presidential Records Act of 

1978 and the Federal Records Act of 1959.2

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

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

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. 

3 

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 legisVerDate Sep 11 2014 05:43 Oct 21, 2017 Jkt 079010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR176.XXX SR176
4 

lation 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) * * * 

ø(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’’; 

ø(2)¿ (3) in subsection (c)— 

5 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘their’’ and inserting ‘‘the’’; 

(ii) by striking ‘‘subsection (a) or (b), respectively’’ 

and inserting ‘‘øsubsections (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)’’ø; and¿ ; 

ø(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 

possibleø.¿’’; 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’’ø; 

and¿; 

(2) * * * 

(A) * * * 

(B) by striking ‘‘designee of either’’ and inserting ‘‘Archivist’s designee’’ø.¿; 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) * * * 

ø(f) RECORDS MANAGEMENT BY THE ARCHIVIST.— 

ø(1) AMENDMENT.—The heading for chapter 29 of title 44, 

United States Code, is amended by striking ‘‘AND BY THE 

ADMINISTRATOR OF GENERAL SERVICES’’. 

ø(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’’.¿ 

6 

ø(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’’. 

* * * * * * * 

Æ