Outline of the Planned Lift of the Department of Justice's Tobacco Industry Litigation (TIL) Freeze

February 5, 2015

Dear Agency POC:

Recently, the Department of Justice lifted the Tobacco Industry Litigation (TIL) Freeze, which was applied to just under 13 million cubic feet of records from dozens of agencies in the physical custody of the Federal Records Centers Program (FRCP).

This memorandum and the attached “Frequently Asked Questions” outline the planned lift, especially for the more than two million cubic feet of records that are past their disposition date and now eligible for disposal. A standard TIL-lift Terms and Conditions that will guide disposal activities is attached. The standard TIL-lift Terms and Conditions will apply to all agencies’ records formerly frozen under TIL now eligible for disposal. The FRCP assumes that this standard TIL-lift Terms and Conditions is accepted by both parties if not notified by February 27, 2015. A subsequent agency-specific TIL-lift Terms and Conditions can be arranged in consultation with your FRCP Account Manager.

The FRCP plans to incrementally address disposal of the records eligible due to the TIL Freeze lift beginning with the largest transfers of 60 cubic feet or more, bearing in mind the current cost to agencies for destruction of $5.50 per cubic foot or more depending on the record type (based on current fiscal year pricing). By concentrating on the largest transfers, the greatest monetary and space benefits can be realized as quickly as practical with agencies no longer liable for the normal annual storage rate of more than $2.00 per cubic foot.

Because the FRCP is currently processing disposal notices for the April 2015 quarter, the next available quarter to begin destroying records is July 2015, the final quarter of the fiscal year. This is the quarter when some agency programs will be near the end of their yearly budgetary allocations, while others may find they have additional funds available for destroying records. Based on this budgetary reality, the FRCP can, at the request of an agency, split the initial disposal efforts across both fiscal years and offer a measure of flexibility to agencies with higher volumes of TIL records, even as they consider an agency-specific superseding TIL-lift Terms and Conditions.

For the July 2015 disposal cycle, the FRCP initially plans to issue disposal notices for more than 700 transfers past their destruction date, totaling almost 100,000 cubic feet, from the Seattle and Denver Federal Records Centers and the Washington National Records Center, which have the most critical space needs and require immediate relief. On or about April 1, 2015, the disposal notices will be sent to agencies following the FRCP review of the proposed destruction.

For the October 2015 disposal cycle, the FRCP will issue disposal notices for the remaining 4,700 transfers of 60 cubic feet or more from all other records centers, totaling almost 745,000 cubic feet. By placing the bulk of the initial disposal at the beginning of FY 2016, it is expected that agencies can better plan for the cost impacts to their programs. Additional transfers with smaller volumes would be proposed for disposal in subsequent quarters.

The FRCP recognizes that some agencies store all of their records in the National Capital Area or that other elements of this plan may not match their situation. Therefore, agencies with high volumes are encouraged to work with their FRCP Account Manager to analyze impacts and move the planned disposition for these large transfers between the next two disposal quarters. Agencies with special circumstances may begin a discussion on developing an agency-specific Terms and Conditions and statement of work for their TIL-related disposal in subsequent quarters.

Sincerely,

DAVID M. WEINBERG
Director, Federal Records Centers Program