264 
(B) the report contains proprietary, privi-
leged, or sensitive information. 
(3) TIMING AND INTENTION.—The head of the 
agency posting such report shall, unless otherwise 
provided for in this Act, do so only after such report 
has been made available to the Committees on Ap-
propriations for not less than 45 days: Provided, 
That any report required by this Act to be submitted 
to the Committees on Appropriations shall include 
information from the submitting agency on whether 
such report will be publicly posted. 
(b) REQUESTS FOR DOCUMENTS.—None of the funds 
appropriated or made available pursuant to titles III 
through VI of this Act shall be available to a nongovern-
mental organization, including any contractor, which fails 
to provide upon timely request any document, file, or 
record necessary to the auditing requirements of the De-
partment of State and the United States Agency for Inter-
national Development. 
(c) RECORDS MANAGEMENT.— 
(1) LIMITATION.—None of the funds appro-
priated by this Act under the headings ‘‘Diplomatic 
and Consular Programs’’ and ‘‘Capital Investment 
Fund’’ in title I, and ‘‘Operating Expenses’’ and 
‘‘Capital Investment Fund’’ in title II that are made 
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available to the Department of State and USAID 
may be made available to support the use or estab-
lishment of email accounts or email servers created 
outside the .gov domain or not fitted for automated 
records management as part of a Federal govern-
ment records management program in contravention 
of the Presidential and Federal Records Act Amend-
ments of 2014 (Public Law 113–187). 
(2) DIRECTIVES.—The Secretary of State and 
USAID Administrator shall— 
(A) update the policies, directives, and 
oversight necessary to comply with Federal 
statutes, regulations, and presidential executive 
orders and memoranda concerning the preserva-
tion of all records made or received in the con-
duct of official business, including record 
emails, instant messaging, and other online 
tools; 
(B) use funds appropriated by this Act 
under the headings ‘‘Diplomatic and Consular 
Programs’’ and ‘‘Capital Investment Fund’’ in 
title I, and ‘‘Operating Expenses’’ and ‘‘Capital 
Investment Fund’’ in title II, as appropriate, to 
improve Federal records management pursuant 
to the Federal Records Act (44 U.S.C. Chap-
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ters 21, 29, 31, and 33) and other applicable 
Federal records management statutes, regula-
tions, or policies for the Department of State 
and USAID; 
(C) direct departing employees that all 
Federal records generated by such employees, 
including senior officials, belong to the Federal 
Government; and 
(D) significantly improve the response time 
for identifying and retrieving Federal records, 
including requests made pursuant to the Free-
dom of Information Act. 
(3) REPORT.—Not later than 45 days after en-
actment of this Act, the Secretary of State and 
USAID Administrator shall each submit a report to 
the Committees on Appropriations and to the Na-
tional Archives and Records Administration detail-
ing, as appropriate and where applicable— 
(A) any updates or modifications made to 
the policy of each agency regarding the use or 
the establishment of email accounts or email 
servers created outside the .gov domain or not 
fitted for automated records management as 
part of a Federal government records manage-
ment program since the submission to the Com-
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mittees on Appropriations of the report re-
quired by section 7077(c)(3) of the Department 
of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2017 (division J of 
Public Law 115–31); 
(B) the extent to which each agency is in 
compliance with applicable Federal records 
management statutes, regulations, and policies, 
including meeting Directive goal 1.2 of the 
Managing Government Records Directive (M– 
12–18) by December 31, 2016; and 
(C) any steps taken since the submission 
of the report referenced in subparagraph (A) 
to— 
(i) comply with paragraph (1)(B) of 
this subsection; 
(ii) ensure that all employees at every 
level have been instructed in procedures 
and processes to ensure that the docu-
mentation of their official duties is cap-
tured, preserved, managed, protected, and 
accessible in official Government systems 
of the Department of State and USAID; 
(iii) implement recommendation 1 
made by the Office of Inspector General 
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(OIG), Department of State, in the Janu-
ary 2016 Evaluation of the Department of 
State’s FOIA Process for Requests Involv-
ing the Office of the Secretary (ESP–16– 
01); 
(iv) reduce the backlog of Freedom of 
Information Act (FOIA) and Congressional 
oversight requests, and measurably im-
prove the response time for answering such 
requests; and 
(v) strengthen cyber security meas-
ures to mitigate vulnerabilities, including 
those resulting from the use of personal 
email accounts or servers outside the .gov 
domain, improve the process to identify 
and remove inactive user accounts, update 
and enforce guidance related to the control 
of national security information, and im-
plement the recommendations of the cor-
responding reports of the OIG as detailed 
under this section in the report accom-
panying this Act. 
(4) OPERATING PLANS.—The operating plans 
required by section 7076(a) of this Act for funds ap-
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