Sec. 7077.
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/bill/114/s/1725/pcs/section-7077·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated by this Act under the headings Diplomatic and Consular Programs and Operating Expenses shall be made available for purposes of Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other applicable Federal records management statutes, regulations, or policies for the Department of State and the United States Agency for International Development (USAID): , That no such funds may be made available to such agencies to support the use or 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 management program.
Provided Not later than 90 days after enactment of this Act, the Secretary of State and USAID Administrator shall each submit a report to the appropriate congressional committees and to the National Archives and Records Administration
(NARA)detailing— the policy of each agency regarding the use or 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 management program; the extent to which each agency is in compliance with applicable Federal records management statutes, regulations, or policies; and a description of existing cyber security measures to mitigate vulnerabilities resulting from the use of email accounts or email servers outside the .gov domain. Not later than 120 days after the submission of the reports required in subparagraph (A), the Comptroller General of the United States, in consultation with NARA, as appropriate, shall conduct an assessment of such reports, and shall consult with the Committees on Appropriations on the scope and requirements of such assessment. None of the funds appropriated or made available pursuant to title III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and USAID. Any agency receiving funds made available by this Act shall, subject to paragraphs
(2)and (3), post on the publicly available Web site of such agency any report required by this Act to be submitted to the Committees on Appropriations, upon a determination by the head of such agency that to do so is in the national interest. Paragraph
(1)shall not apply to a report if— the public posting of such report would compromise national security, including the conduct of diplomacy; or the report contains proprietary, privileged, or sensitive information. 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 Appropriations for not less than 45 days: , 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. Provided Effective September 30, 2017, each report described in paragraph
(2)that is still required to be submitted to Congress as of such effective date shall no longer be required to be submitted to Congress upon notification of the Committees on Appropriations, unless otherwise directed by a subsequent Act. A report described in this subsection is a report that is required to be submitted at regular periodic intervals to Congress by any prior Act making appropriations for the Department of State, foreign operations, and related programs and that is prepared primarily by the Department of State, USAID, or by any officer, official, component, or element of the Department or USAID, by a provision of statute (including title 22, United States Code, and any annual appropriations or authorization Act) as of April 1, 2015. This subsection shall not apply to reports required to be submitted by the Department of State or USAID Office of the Inspector General.