United States Department of Agriculture
Research, Education and Economics

ARS * CSREES * ERS * NASS

Bulletin

Title: Electronic Records Preservation
Number: 99-002
Date: 11/17/99
Originating Office: Telecommunications and Records Branch, Information Technology Division, AFM/ARS
Distribution: All REE Employees
Expires: November 2004

 

 

 

The purpose of this Bulletin is to provide current guidance on preserving the electronic versions of agency records, including E-mail. The bulletin is being extended until November, 2004 because NARA has not yet issued revised guidance.


            



1.    Background

In 1997, a Federal District Court judge ruled that portions of General Records Schedule (GRS) 20 were beyond the authority of the Archivist of the United States under the Federal Records Act, and declared GRS 20 to be null and void. This ruling would have required agencies to preserve all electronic records in their original format until individual dispositions/retentions were approved by the National Archives. However, on August 6, 1999, the U.S. Court of Appeals overturned the earlier decision in favor of the National Archives, allowing agencies to dispose of the electronic versions of records under certain conditions (as provided below under Section 3, “Policy”).

2.    Definition of Records and Nonrecords

NARA defines records as any information created or received, regardless of media, which document agency activities. Records are those materials that:

Electronic records are typically letters, memoranda, reports, handbooks, directives, and manuals recorded as files on electronic media, such as hard disks or floppy diskettes. They include wordprocessing documents, databases, spreadsheets, E-mail messages, electronic forms, etc.

Nonrecords, unlike records, are not official copies that document agency activities and are only used for reference or convenience (e.g., duplicate copies of publications or reports, suspense or tickler files, and information copies of correspondence or forms, etc.).

3.    Policy

Until NARA provides further guidance, the following is the policy for the REE Agencies:

Remember that unauthorized destruction of official records is prohibited by law and subject to penalty (Section 2071 of Title 18, U.S. Code).


4.    Current Status

NARA representatives have stated that they are reviewing the appeals court decision but do not plan to issue further policy statements until the case is a finally resolved. However, they are posting current information on their web site at http://www.nara.gov/records/grs20.

5.    Questions

Please direct specific questions about the REE electronic recordkeeping policy to Stephen Pollard, Records Management Officer, by phone: 202-720-3359; fax: 202-720-6577; or Internet: spollard@ars.usda.gov.

-/Sd/-

KEITH W. ANDERSON
Director
Information Technology Division