69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–66 

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 

2 

1 44 U.S.C. § 2904(c)(1). 

2See generally General Serv. Admin., Mail Management Policy Overview, available at 

www.gsa.gov/mailpolicy. 3 Id. 

4General Serv. Admin., FY2015 Federal Mail Expenditures Open Data Set at table 8, available at www.gsa.gov/portal/content/235245. 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). 

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. 

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

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

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 FebVerDate Sep 11 2014 05:43 Mar 30, 2017 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR066.XXX HR066
3 

ruary 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. 

4 

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. 

5 

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. 

6 

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 

ø(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— 

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)— 

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

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

7 

(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)’’; øand¿ 

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 possible.’’ø.¿; 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’’ø; 

and¿; 

(2) in subsection (b)— 

(A) by striking ‘‘the Administrator and’’; and 

(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 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.’’. 

8 

(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’’. 

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 Services’’.¿ 

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