---
kind: "section"
citation: "36 C.F.R. § 1226.18"
title: "36"
number: "1226.18"
heading: "When may agencies temporarily extend retention periods?"
url: "https://uscodex.org/cfr/36/1226.18"
---

# §1226.18. When may agencies temporarily extend retention periods?

- (a) Agencies may temporarily retain records approved for destruction beyond their NARA-approved retention period if special circumstances alter the normal administrative, legal, or fiscal value of the records.
  - (1) Agencies must not retain records whose disposal after a specified period is required by statute, unless retention is ordered by a Court.
  - (2) In determining whether or not to temporarily extend the retention period of records, agencies must ensure that the extension of retention is consistent with the requirement contained in [5 U.S.C. 552a](/usc/5/552a.md) (Privacy Act of 1974, as amended) that records concerning individuals are maintained only if relevant and necessary to accomplish a purpose of the agency that is required by law or Executive order.
- (b) If the records that are to be temporarily retained beyond their approved destruction date have been transferred to records storage facilities, agencies must notify the facility.
- (c) Once the special circumstances that require extended retention of records have elapsed, agencies must destroy the records in accordance with the NARA-approved disposition instructions.
- (d) Agencies must submit an SF 115 to NARA to change schedule provisions on a continuing basis in accordance with [§ 1225.26](/cfr/36/1225.26.md) of this subchapter. Agencies may retain records eligible for destruction until the new schedule is approved.

## Notes

### Authority

Authority: 44 U.S.C. 2111, 2904, 3102, and 3301.

### Source

Source: 74 FR 51014, Oct. 2, 2009, unless otherwise noted.