ML20324A043

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YA-20-0092: Reminder of Records Preservation Obligations
ML20324A043
Person / Time
Issue date: 11/19/2020
From: David Nelson
NRC/OCIO
To:
Margie Janney, 301-415-7245
References
Download: ML20324A043 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION Yellow Announcement: YA-20-0092 Date: November 19, 2020 Expiration Date: See Note at Bottom of Announcement TO:

All NRC Employees, Contractors, Subcontractors, Detailees, and Consultants

SUBJECT:

REMINDER OF RECORDS PRESERVATION OBLIGATIONS The Office of the Chief Information Officer (OCIO) is issuing a policy reminder to U.S. Nuclear Regulatory Commission (NRC) employees regarding their legal responsibilities to collect, retain, and preserve all documents, communications, and other records in accordance with Federal law, including the Federal Records Act and related regulations.

Record is defined in the Federal Records Act, in part, to include all recorded information made or received by a Federal agency in connection with the transaction of public business and appropriate for preservation as evidence of the organization, functions, policies, and decisions of that agency (44 United States Code (U.S.C.) § 3301)). Depending on its informational value, a Federal record may be deemed to be a permanent or temporary record and must be preserved in accordance with general records schedules issued by the National Archives and Records Administration (NARA) or NRC-specific records schedules.

The definition of record expressly includes information that is created or stored in digital and electronic formats. In 2014, the Federal Records Act was amended to prohibit Government employees from creating or sending Federal records using non-official electronic messaging accounts (e.g., electronic messages involving official business that are sent from personal accounts or devices, such as personal e-mail or text messages), unless the employee copies (e.g., CCs) an official electronic messaging account on the message or forwards a complete copy of the record to an official electronic messaging account within 20 days of the creation or transmission of the record. Intentional failure to do so may be grounds for disciplinary action (44 U.S.C. § 2911). Any employee who willfully conceals, destroys, or attempts to conceal or destroy a Federal record may also be subject to fine and imprisonment for up to 3 years (18 U.S.C. § 2071).

NRC Management Directive (MD) 3.53, NRC Records and Document Management Program, provides more detailed information on NRC policies and practices governing the creation, maintenance, and disposition of Federal records. More information can be found on OCIOs

Information and Records Management Web pages, specifically Roles & Responsibilities and E-mails Sent on Non-official E-mail Accounts and Mobile Device Text Messages, or by e-mailing questions to ITIMPolicy.Resource@nrc.gov.

/RA/

David J. Nelson Chief Information Officer MD

Reference:

MD 3.53, "NRC Records and Document Management Program, Handbook I, Part 1, NRC Records Management Program Note on Expiration Date: OCIO is actively working to revise MD 3.53, and this Yellow Announcement will expire upon publication of the revised MD.

ML20324A043

  • concur via e-email OFFICE OCIO/GEMSD/DPRB OCIO/DRMA OCIO/GEMSD/DD NAME MJanney*

AGlazer*

BSanford*

DATE 11/18/2020 11/18/2020 11/17/2020 OFFICE OCIO/GEMSD/D OGC/NLO OCIO/D NAME JMoses*

EMichel*

DNelson*

DATE 11/17/2020 11/18/2020 11/19/2020