Sec. 7077. reports and records management
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## SEC. 7077 reports and records management ###
(a)Public Posting of Reports ####
(1)Requirement 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. ####
(2)Exceptions Paragraph
(1)shall not apply to a report if— #####
(A)the public posting of such report would compromise national security, including the conduct of diplomacy; or #####
(B)the report contains proprietary, privileged, 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 Appropriations 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 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 the United States Agency for International Development. ###
(c)Records Management ####
(1)Limitation None of the 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 that are made available to the Department of State and USAID may be made available 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 in contravention of the Presidential and Federal Records Act Amendments 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 preservation of all records made or received in the conduct 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. Chapters 21, 29, 31, and 33) and other applicable Federal records management statutes, regulations, 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 section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”). ####
(3)Report Not later than 45 days after enactment of this Act, the Secretary of State and USAID Administrator shall each submit a report to the Committees on Appropriations and to the National Archives and Records Administration detailing, 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 management program since the submission to the Committees on Appropriations of the report required by section 7077(c)(3) of the Department of State, Foreign Operations, and Related Programs 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, 2017; 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 documentation of their official duties is captured, 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 (OIG), Department of State, in the January 2016 Evaluation of the Department of State’s FOIA Process for Requests Involving the Office of the Secretary (ESP-16-01); ######
(iv)reduce the backlog of Freedom of Information Act
(FOIA)and Congressional oversight requests, and measurably improve the response time for answering such requests; and ######
(v)strengthen cyber security measures 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 implement the recommendations of the corresponding reports of the OIG as detailed under this section in House Report 115-253 and contained in other relevant reports issued by the OIG. ####
(4)Operating plans The operating plans required by section 7076(a) of this Act for funds appropriated under the headings listed in paragraph
(1)shall include funds planned for— #####
(A)implementing the recommendations of the OIG reports referenced in clauses
(iii)and (v); and #####
(B)measurably reducing the FOIA and Congressional oversight requests backlog.
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