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LegalText 44 U.S.C. § 3106 Unlawful removal, destruction of records us united_states_code code_section 44 PUBLIC PRINTING AND DOCUMENTS 31 RECORDS MANAGEMENT BY FEDERAL AGENCIES 3106 44 U.S.C. § 3106 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc44@119-100.zip /us/usc/t44/s3106 data/legal/raw/us/code/title-44/usc44.xml 529c8641ddbb5af434e1844ec7ceb771bcad38f5aef7aa0c026d3236b8ede764 2d7109056b4815718203e8d99c9ee6fe3ab744f578883b59654fe3adb211b4a0 3419ef043e8b4a56d903e6df218d9ba0c83d29eacef0d8469e995634f16c917f 2026-07-04 official
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44 U.S.C. § 3106 - Unlawful removal, destruction of records

Text

(a) Federal Agency Notification.— The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) Archivist Notification.— In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.

(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

Notes

Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 396(f) (June 30, 1949, ch. 288, title V, § 506(f), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).

Editorial Notes

Amendments2014—Pub. L. 113187 amended section generally. Prior to amendment, text read as follows: “The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.” 1984—Pub. L. 98497, § 107(b)(21), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator”. Pub. L. 98497, § 203(b), inserted at end “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”

Statutory Notes and Related Subsidiaries

Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.