Does an agency have to report unauthorized destruction of federal records to NARA, and how soon?

The short answer: yes

Federal agencies are required to report the unlawful or accidental loss, removal, alteration, or destruction of federal records to the National Archives and Records Administration (NARA). This duty applies whether the loss was deliberate (for example, someone destroying records to avoid disclosure) or accidental (a fire, flood, system failure, or mistaken disposal). It also applies to records destroyed before the end of an approved retention period, or destroyed without an approved records schedule authorizing the action.

The legal foundation sits in the Federal Records Act and its implementing regulations, which obligate the head of each agency to safeguard records and to notify the Archivist of any actual, impending, or threatened unlawful destruction or loss.

How soon

The governing expectation is promptly. Agencies are directed to report a discovered or suspected incident to NARA without unreasonable delay once it comes to the attention of the agency. NARA’s guidance frames this as a prompt notification obligation rather than a fixed countdown, so the safest practice is to report as soon as the agency becomes aware of the loss, rather than waiting until an internal investigation is complete.

In practice, reporting usually flows through the agency Records Officer to NARA, often with the Inspector General and agency counsel informed in parallel.

What a report typically includes

When notifying NARA, agencies are generally expected to describe:

• The records affected (volume, type, and records schedule item, if known)
• The circumstances and approximate date of the loss or destruction
• Whether the loss was deliberate or accidental
• Steps taken to salvage or recover the records and to prevent recurrence

Why it matters

Federal records document government activity and protect the public’s right to an accountable government. Unauthorized destruction can carry administrative and, in deliberate cases, criminal consequences. Prompt reporting lets NARA assess the loss, advise on recovery, and help close the control gaps that allowed it.

For broader context on agency recordkeeping duties, see the federal records topic hub. If you are unsure whether an incident is reportable, treat it as reportable and consult your Records Officer.