Final Action

After the designated storage period expires, records will be destroyed or transferred to the National Archives and Records Administration (NARA) in accordance with their disposition as described in NIH Manual Chapter 1743, Keeping and Destroying Records.

When the destruction or transfer of records is pending, you should consider the following:

• Are the records subject to the Privacy Act of 1974? If so, the destruction of the records must be witnessed and the transfer of records must be handled according to the Privacy Act rules.
• Do the records pertain to any current audits or freezes? If so, the records will continue to be stored at the federal records center (FRC) beyond the retention period.

Although you may have addressed these issues at an earlier date, for example, while filling out the Standard Form 135 (SF-135), Records Transmittal and Receipt, it is important that these questions be answered again before final action. Regulations governing the destruction or retention of records, such as those pertaining to pending litigation, may have changed between the time of the original transfer to the FRC and the time when final disposition should be implemented.