Report Finds Gaps in Federal E-Mail Records
GAO Says Agencies Are Inconsistent in Preserving Electronic Documents

By Lyndsey Layton
Washington Post Staff Writer

Wednesday, July 9, 2008; A07

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/08/AR2008070802930_pf.html


Federal officials inconsistently preserve government e-mail, creating gaps 
in the public record and making it difficult for the public to understand 
the activities of the government, according to a report released by the 
Government Accountability Office yesterday.

The report came before a scheduled House vote today on a bill that would 
create standards for the electronic storage of e-mail by federal agencies.

As the use of e-mail has increased dramatically, federal agencies are 
struggling to determine which e-mails can be deleted, which must be 
preserved as public records and how those records should be stored.

Current law gives agencies broad discretion to determine how electronic 
records and communications are maintained. Quality varies widely, according 
to the GAO.

Investigators looked at four agencies -- the Homeland Security Department, 
the Federal Trade Commission, the Environmental Protection Agency and the 
Department of Housing and Urban Development -- and found that all used an 
inefficient and insecure process of "print and file": printing e-mails and 
storing them in paper form. Only one agency, the EPA, was converting to an 
electronic system to store e-mail records.

The GAO examined electronic records kept by 15 senior officials at the four 
agencies and found that seven complied with all federal requirements 
governing the preservation of electronic records, but eight did not 
consistently meet them.

Meanwhile, the National Archives and Records Administration (NARA), the 
federal agency charged with ensuring that other departments properly store 
e-mail, stopped making inspections shortly after President Bush took office 
in 2000, the report said.

The legislation to be considered today would require the national archivist 
to regularly inspect record-keeping systems at every agency and the White 
House and certify that they comply with the law.

"This will impose upon government agencies to put in place a system to keep 
track of their e-mails and be able to retrieve them," said Rep. Henry A. 
Waxman (D-Calif.), chairman of the House Oversight and Government Reform 
Committee, which has been investigating the disappearance of years' worth 
of e-mails generated by the Bush White House.

"This bill sets out the opportunities for a periodic review of whether 
agencies are complying with the law, so we don't find out at the end of an 
administration that records are missing," Waxman said.

The White House's electronic record-keeping system is the subject of 
several lawsuits. In one court filing, the White House acknowledged that 
from 2001 until late 2003, it transferred e-mails to backup tapes and 
routinely "recycled" them, resulting in the purging of the e-mails. The 
administration has said it does not know how many of those overwritten 
e-mails can be retrieved and preserved.

During that period, the administration faced some of its biggest 
controversies, including the Iraq war, the leak of former CIA operative 
Valerie Plame Wilson's identity and the CIA's destruction of interrogation 
videotapes.

Last year, the White House said additional e-mails concerning official 
government business may have been lost because they were improperly sent 
through private accounts intended for only political activity. White House 
aides, including former presidential adviser Karl Rove, used e-mail 
accounts issued by the Republican National Committee to communicate about 
government business.

Although it has sponsored six studies of agency record-keeping since 2003, 
the National Archives has not conducted any inspections since 2000, the GAO 
report found. "Without a consistent oversight program that provides it with 
a governmentwide perspective, NARA has limited assurance that agencies are 
appropriately managing the records in their custody, increasing the risk 
that important records will be lost," the GAO said.

Officials at the National Archives told GAO investigators that inspections 
took too much time and money. Instead, they chose to inspect only when they 
learned of a clear and egregious record-keeping problem. No record-keeping 
challenges have reached that level in the past eight years, archives 
officials said.

The archives also seriously curtailed its "targeted assistance" -- help it 
provides agencies to improve their records processes. In 2002, it completed 
76 such projects; last year there were none.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu

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