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Chapter 11 NARA Legal Function

March 28, 2007

These operational records relate to advice, assistance, and representation, provided by the General Counsel (NGC), on legal matters affecting NARAs mission and program responsibilities. The chapter is divided into three broad functional areas (Program Direction, Administrative, and Program Operation) under which the records are grouped. Program Operation covers NGCs unique functions (and most records thereof), including: general legal advice, litigation, Presidential records, ethics, Alternative Dispute Resolution (ADR), Freedom of Information Act (FOIA) and Privacy Act, and garnishments.

Program Direction

File #DescriptionDisposition
1101 Program Direction
Includes, but NOT limited to, records created by the following functions: budget development, performance reporting, and management controls. Cut off annually. Destroy when 6 years old. (N1-64-05-1, item 1)

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Administrative

File #DescriptionDisposition

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Program Operation

File #DescriptionDisposition
Program Operation
1103 General Legal Advice
a. Files for precedential cases.
PERMANENT. Cut off annually following close of case. Transfer to NARA when 15 years old. (N1-64-05-1, item 3a)
b. Files for all other cases.
Cut off annually following close of case. Destroy when 15 years old. (N1-64-05-1, item 3b)
1103-2 Litigation
a. General and replevin case files.
(1) Significant cases (those that draw media attention, are precedential, or have a major impact on how NARA does business).
PERMANENT. Cut off case file at conclusion of case or matter. Transfer to NARA when 15 years old. (N1-64-05-1, item 4a[1])
(2) All other.
Cut off case file at conclusion of case or matter. Destroy when 15 years old. (N1-64-05-1, item 4a[2])
b. All other activities (equal employment opportunity [EEO], torts, subpoenas, procurement bid protests).
Cut off annually. Destroy when 6 years old. (N1-64-05-1, item 4b)
1103-3 Presidential Records
a. Files dealing with policy, advice, special access, and disposal.
PERMANENT. Cut off annually. Transfer to NARA when 15 years old. (N1-64-05-1, item 5a)
b. Reference.
Destroy when no longer needed for reference. (N1-64-05-1, item 5b)
1103-4 Ethics (Advice and operations)
a. Operations.
Cut off annually. Destroy when 6 years old. (N1-64-05-1, item 6a)
b. Reference.
Destroy when no longer needed for reference. (N1-64-05-1, item 6b)
1103-5 ADR
a. Operations.
Cut off annually. Destroy when 6 years old. (N1-64-05-1, item 7a)
b. Policy/Reference.
Destroy when no longer needed for reference. (N1-64-05-1, item 7b)
1103-6 FOIA/Privacy (Advice and operations)
a. Operations.
Cut off annually. Destroy when 15 years old. (N1-64-05-1, item 8a)
b. Reference.
Destroy when no longer needed for reference. (N1-64-05-1, item 8b)
1103-7 Garnishment Actions Place in inactive file when garnishment order is terminated. Cut off inactive files at end of fiscal year. Destroy 3 years after cutoff. (GRS 2, item 18)
1103-8 Web Content Development See file no. 840-1b. (Destroy/delete when no longer needed.)
1103-9 Transitory Files
Documents of short term interest which have NO documentary or evidential value. Destroy when 90 days old. (GRS 23, item 7)

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Electronic Copies of Records Contained in this Chapter

File #DescriptionDisposition
1199 Word Processing Files and Electronic Mail (E-mail) Records
1199-1 Word Processing Files. Documents such as letters, memoranda, reports, handbooks, directives, and manuals recorded on electronic media, such as hard disks or floppy diskettes, after they have been copied to an electronic recordkeeping system, paper, or microform for recordkeeping purposes. Delete from the word processing system when no longer needed for updating or revision. (GRS 20, item 13 and N1-64-02-5, item 4a)
1199-2 E-mail Records. Senders' and recipients' versions of e-mail messages that meet the definition of Federal records, and any attachments to the record messages after they have been copied to an electronic recordkeeping system, paper, or microform for recordkeeping purposes. Delete from the e-mail system after copying to a recordkeeping system. (GRS 20, item 14 and N1-64-02-5, item 4b)
NOTE: Along with the message text, the recordkeeping system must capture the names of sender and recipients and date (transmission data for recordkeeping purposes) and any receipt data when required.
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