Freedom of Information Act (FOIA)

NARA Privacy Act Systems: NARA 18

SYSTEM NAME: General Law Files.

SYSTEM LOCATION: Records are located in the offices of the General Counsel.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by this system include: Current and former NARA employees; other Federal agency employees; individual members of the public; witnesses in litigation; people who have requested records under the Freedom of Information Act (FOIA) and/or the Privacy Act; people about whom requests under the FOIA and/or the Privacy Act have been made; and people involved in administrative actions or litigation to which NARA is a party or to which NARA has relevant records.

CATEGORIES OF RECORDS IN THE SYSTEM: Records in the system may contain some or all of the following information about an individual: Name; social security number; position description; grade; salary; work history; complaint; credit ratings; medical diagnoses and prognoses; and doctor's bills. The system may also contain other records such as: Case history files; copies of applicable law(s); working papers of attorneys; testimony of witnesses; background investigation materials; correspondence; damage reports; contracts; accident reports; pleadings; affidavits; estimates of repair costs; invoices; litigation reports; financial data; contact information for individuals related to the litigation or matter; and other data.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C., Part II; 5 U.S.C., Chapter 33; 5 U.S.C. 5108, 5314-5316 and 42 U.S.C. 20003, et seq.; 5 U.S.C. 7151-7154; 5 U.S.C. 7301; 5 U.S.C. 7501, note (adverse actions); 5 U.S.C., Chapter 77; 5 U.S.C. App.; 28 U.S.C. 1291, 1346(b)(c), 1402(b), 1504, 2110; 31 U.S.C. 3701, 3711, 3713, 3717, 3718, 3721.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records are used to: give general legal advice, as requested, throughout NARA; prepare attorneys for hearings and trials; reference past actions; and maintain internal statistics. Information may be disclosed to the Department of Justice in review, settlement, defense, and prosecution of claims, complaints, and lawsuits involving contracts, torts, debts, bankruptcy, personnel adverse action, EEO, unit determination, unfair labor practices, and Freedom of Information and Privacy Act requests. Information may be disclosed to the Office of Government Ethics (OGE) to obtain OGE advice on an ethics issue, to refer possible ethics violations to OGE, or during an OGE evaluation of NARA's Ethics Program. The routine use statements A, B, C, D, E, F, G, and H, described in Appendix A also apply to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OR RECORDS IN THE SYSTEM:

STORAGE: Paper and electronic records.

RETRIEVABILITY: Information may be obtained by the individual's name or by a case number assigned by the court or agency hearing the complaint or appeal, or other key words within the file.

SAFEGUARDS: During business hours, paper records are maintained in areas accessible only to authorized NARA personnel. Electronic records are accessible via password-protected workstations located in attended offices or through a secure remote access network. After business hours, buildings have security guards and/or secured doors, and all entrances are monitored by electronic surveillance equipment.

RETENTION AND DISPOSAL: Most files are temporary records and are destroyed in accordance with disposition instructions in the NARA Records Schedule (a supplement to the NARA Files Maintenance and Records Disposition Manual). Significant litigation files are permanent records that are eventually transferred to the National Archives of the United States. Individuals may request a copy of the disposition instructions from the NARA Privacy Act Officer.

SYSTEM MANAGER(S) AND ADDRESS: The system manager is the General Counsel. The business address for this location is listed in Appendix B.

NOTIFICATION PROCEDURE: People interested in inquiring about their records should notify the NARA Privacy Act Officer at the address listed in Appendix B.

RECORD ACCESS PROCEDURES: People who wish to access their records should submit their request in writing to the NARA Privacy Act Officer at the address listed in Appendix B.

CONTESTING RECORD PROCEDURES: NARA rules for contesting the contents of a person's records and appealing initial determinations are found in 36 CFR part 1202.

RECORD SOURCE CATEGORIES: Information in this system of records comes from one or more of the following sources: Federal employees and private parties involved in torts and employee claims, contracts, personnel actions, unfair labor practices, and debts concerning the Federal government; witnesses; and doctors and other health professionals.

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