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Records Authority
Category: Laws and Regulations

36 CFR Chapter XII

Also known as: Title 36 Chapter XII, 36 CFR Ch. XII, NARA regulations (Title 36)
Simply put

36 CFR Chapter XII is the part of the United States Code of Federal Regulations that contains the rules issued by the National Archives and Records Administration (NARA). It sets out requirements that federal agencies follow for managing and preserving records, among other NARA responsibilities. It applies to U.S. federal government recordkeeping and does not govern private-sector organizations or other jurisdictions.

Formal definition

36 CFR Chapter XII is the chapter of Title 36 of the U.S. Code of Federal Regulations (Parks, Forests, and Public Property) that codifies the regulations of the National Archives and Records Administration. The evidence indicates the chapter is organized into subchapters, including Subchapter A, General Rules (approximately Parts 1200-1213) and Subchapter B, Records Management (Parts beginning around 1220). These provisions address federal records management obligations across aspects of the records lifecycle, including creation, maintenance, use, and disposition. Note that the specific part covering electronic records requirements cannot be reliably identified from the evidence provided; source citations attributing electronic records requirements to a particular part should be verified against the current codification before being relied upon, as part numbering and subject-matter assignments can change over time. Practitioners should consult the current eCFR text for authoritative and up-to-date part assignments, since the eCFR itself notes it is not an official legal edition.

Why it matters

For U.S. federal agencies, recordkeeping is not merely a matter of good administrative practice but a legal obligation, and 36 CFR Chapter XII is where much of that obligation is codified. Because it contains the National Archives and Records Administration's regulations, this chapter functions as a primary reference point for agency records officers seeking to understand what is required of them across the records lifecycle, from creation through disposition. Failure to meet these requirements can expose an agency to compliance findings, loss of institutional memory, and difficulties in responding to accountability, litigation, or access requests.

The chapter matters as well because it operationalizes the broader statutory framework governing federal records, translating high-level legal mandates into more specific procedural expectations that agencies can implement. It is important to be clear about scope: these regulations apply to U.S. federal government recordkeeping. They do not govern private-sector organizations, and they do not apply to other jurisdictions, which maintain their own recordkeeping laws and archival authorities. Professionals working outside the U.S. federal context should treat Chapter XII as instructive rather than binding on their own operations.

Because part numbering and subject-matter assignments within the chapter can change over time, relying on a remembered part number or a dated citation can lead to error. Practitioners should confirm which part currently addresses a given topic against the authoritative codification before acting on it, particularly where a decision has compliance consequences.

Who it's relevant to

Federal agency records officers
Those responsible for records management within U.S. federal agencies rely on 36 CFR Chapter XII to understand and implement their recordkeeping obligations across the lifecycle. They should verify current part assignments against the eCFR or printed CFR before relying on a specific citation, since subject-matter assignments can change over time.
Compliance and legal staff in federal bodies
Compliance leads and legal advisers supporting federal agencies may consult the chapter when assessing whether an agency's practices meet NARA requirements, or when responding to accountability, litigation, or access matters that turn on federal recordkeeping rules.
Records and information professionals outside the federal sector
Professionals in the private sector or in other jurisdictions may find Chapter XII instructive as a reference model, but it does not govern their operations. They should be careful not to treat these federal U.S. regulations as binding on organizations to which they do not apply.
Researchers and drafters citing NARA regulations
Anyone citing Chapter XII in guidance, policy, or scholarship should confirm the current part and subchapter structure against the authoritative codification, given that the eCFR is not an official legal edition and part numbering may differ from older sources.

Inside 36 CFR Chapter XII

Regulations issued by NARA
36 CFR Chapter XII comprises the regulations of the National Archives and Records Administration (NARA), the U.S. federal agency responsible for oversight of records management across federal agencies. The chapter functions as the codified body of NARA's rules within the Code of Federal Regulations.
Records management guidance for federal agencies
The chapter addresses how U.S. federal agencies are expected to create, maintain, and dispose of records, including the scheduling and transfer of records to NARA. It supports the broader statutory framework governing federal recordkeeping rather than standing alone as an independent obligation.
Facility standards for records storage
Certain parts within the chapter set out standards for records storage facilities, addressing the physical conditions and requirements applicable to spaces where federal records are held. This subject matter concerns storage environments rather than the technical management of electronic records specifically.
Electronic records management provisions
The chapter also contains provisions addressing the management of electronic records within federal agencies. Practitioners should confirm the specific part that governs electronic records rather than assuming it coincides with the part governing storage facilities, as these are treated separately within the chapter.
Scheduling, transfer, and disposition of federal records
The chapter supports processes by which agencies obtain approval for records disposition, including retention, transfer to NARA for permanent preservation, and authorized destruction. Disposition here should be understood in its full sense, encompassing outcomes beyond destruction alone.

Common questions

Answers to the questions practitioners most commonly ask about 36 CFR Chapter XII.

Does 36 CFR Chapter XII apply to all organizations that keep records, or only to certain entities?
It is a common misconception that this body of federal regulation applies broadly to any organization managing records. In fact, 36 CFR Chapter XII contains the regulations of the National Archives and Records Administration (NARA) and is directed primarily at United States federal agencies and their recordkeeping obligations. Private-sector organizations, state and local governments, and entities in other jurisdictions are generally not bound by it, though some may look to it as a reference point for practice. Organizations should confirm their own applicable legal and regulatory requirements, which depend on jurisdiction and sector rather than on this chapter alone.
Is Part 1234 the section that sets out electronic records management requirements?
This is a frequent point of confusion. Within the current codification, Part 1234 addresses facility standards for records storage facilities rather than electronic records. Requirements related to electronic records management are addressed in a separate part, Part 1236. Because part numbering and content can be revised over time, records professionals should consult the current text of the relevant parts directly rather than relying on remembered part numbers, and should verify which part governs the topic they are researching.
How can I confirm which part of Chapter XII applies to a particular recordkeeping activity?
Because the chapter is organized into multiple parts covering distinct subject areas, the most reliable approach is to consult the current, authoritative text of Chapter XII and locate the part whose stated scope matches the activity in question, such as facility standards, electronic records, or scheduling and disposition. Part numbering and coverage can change with regulatory updates, so verifying against the current codification is advisable before relying on any specific part. Where the applicable part is unclear, coordinating with your agency records officer or legal counsel is prudent.
What is the relationship between Chapter XII and an agency's own records schedules?
Chapter XII provides the regulatory framework within which federal agencies operate, but it does not by itself specify retention periods for every record type an agency holds. Agencies typically develop records schedules that identify specific record series and their disposition, and these are generally coordinated with NARA. In practice, the regulations set expectations and processes, while the agency-specific schedules provide the operational detail for retention and disposition decisions. Both the framework and the applicable schedules should be considered together.
How should an agency handle disposition under this framework, and does disposition mean destruction?
Disposition under this framework should be carried out in accordance with approved records schedules and applicable regulatory requirements, and it is important not to equate disposition with destruction. Disposition can encompass a range of outcomes, including transfer of records to another entity, transfer of permanently valuable records to the National Archives for preservation, or authorized destruction of records that have met their retention requirements. Determining the correct disposition action depends on the record's approved schedule and its assessed value.
How often should recordkeeping professionals check for updates to Chapter XII?
Because federal regulations are subject to periodic revision, and because part numbering and content within Chapter XII can change over time, professionals responsible for compliance should periodically verify that they are working from the current text rather than an earlier version. Establishing a routine review, and confirming the current codification before making decisions that rely on specific provisions, helps reduce the risk of acting on superseded requirements. The appropriate review frequency depends on organizational policy and the pace of regulatory change.

Common misconceptions

36 CFR Chapter XII applies to all organizations that manage records.
The chapter consists of NARA regulations directed primarily at U.S. federal agencies and their recordkeeping obligations. Private-sector organizations, and entities in other jurisdictions, are generally not bound by it, though some may reference its standards voluntarily. Requirements for non-federal bodies typically arise from other sources depending on jurisdiction and sector.
A single part of the chapter covers both records storage facilities and electronic records management.
Within the chapter, facility standards for records storage and electronic records management are addressed in separate parts. Practitioners should not assume that guidance on storage facilities also governs electronic records, and should verify the applicable part for the specific subject at hand before relying on it.
Disposition under the chapter means destruction of records.
Disposition is broader than destruction. Under the federal framework the chapter supports, disposition may include transfer of permanently valuable records to NARA for continued preservation, as well as authorized destruction of records that have met their retention requirements. Treating the two as synonymous misstates the process.

Best practices

Identify the specific part within 36 CFR Chapter XII that governs the subject you are addressing, distinguishing, for example, records storage facility standards from electronic records management provisions rather than assuming a single part covers both.
Consult the current official codification of the regulations before relying on any requirement, as parts and their subject matter can be reorganized or amended over time.
Confirm whether your organization falls within the scope of these NARA regulations; if you are outside the U.S. federal sector, identify the recordkeeping requirements that actually apply to your jurisdiction and sector.
Treat disposition as encompassing transfer and permanent preservation as well as destruction, and ensure disposition actions follow approved schedules rather than defaulting to destruction.
Where the chapter addresses electronic records, verify the applicable part directly rather than inferring requirements from provisions concerned with physical storage facilities.
Document which specific regulatory parts underpin your recordkeeping controls so that compliance decisions can be traced to the correct authority and reviewed when regulations change.