In This Article
Key Takeaways
- On August 21, 2026, the National Archives issued memo AC 11.2026, guiding federal agencies on when AI inputs, outputs, data, and audit trails qualify as federal records under the Federal Records Act.
- The memo's bottom line: AI use does not automatically create a record. Whether it does depends on how the agency actually uses the material, not on the fact that AI produced it.
- Materials relied on in decision-making, circulated officially, or built into an agency system count as records; personal-convenience use of commercial tools like ChatGPT or Gemini generally does not, unless significantly modified.
- Part II of the memo confirms agencies may only dispose of AI-related federal records under a NARA-approved records schedule, not on their own discretion.
What the memo actually says
On August 21, 2026, the National Archives issued AC 11.2026, a memo to every federal agency's records officer addressing a question that had been sitting unanswered since agencies started deploying AI tools at scale: does generating something with AI automatically make it a federal record that must be preserved. NARA's answer is no. The memo states that whether an AI material is a federal record "depends on the circumstances surrounding the creation, maintenance, and use of the materials," including whether the agency relies on it in decision-making, uses it to conduct official business, circulates it to others, or incorporates it into an agency system.
The memo is explicitly narrow in scope. It states it "does not establish policy related to AI governance, e-discovery, privacy, security, or ethical use" — it is a records-retention document, not a broader AI policy. It is split into two parts: Part I walks agencies through applying the standard federal-record definition to AI inputs, outputs, data, audit trails, and software; Part II confirms that any AI material that does qualify as a record can only be disposed of under a NARA-approved records schedule, the same rule that governs every other category of federal record.
What counts, and what doesn't
Per reporting from FedScoop, the memo draws a practical line. On the record side: AI algorithms, models, or code developed by or for an agency; prompts shared with employees or used for official purposes; and any AI-generated material actually relied on in decision-making or official business. On the non-record side: AI used for personal convenience, such as a query an employee ran and never acted on, and use of commercial off-the-shelf tools like ChatGPT or Gemini, unless the agency significantly modified the output for its own purposes. The memo puts the burden of that judgment call on each agency. As it states, "each agency has principal responsibility for determining whether an AI material is a federal record, based on its business needs."
Why this matters for federal AI adoption
The timing is not incidental. FedScoop's reporting notes the guidance lands as agencies use AI tools through GSA's OneGov program at a scale that had reached more than 3.4 million federal users as of May 2026. Without clarity on records treatment, an agency's records office could reasonably read every AI query as a potential record requiring retention, which would make everyday AI use in government carry a documentation burden most private-sector use never faces. By tying the record determination to actual use rather than the mere fact that AI produced something, NARA removes a real friction point for agencies scaling up AI-assisted workflows, while keeping the underlying accountability rule intact: if AI output actually drives a decision, it still has to be kept and disposed of on schedule like anything else.
Sources: National Archives — Memo AC 11.2026; FedScoop — Agencies Can Use Some AI Without Creating Records. Analysis and framing by Precision AI Academy.
Common questions
Does using ChatGPT or Gemini at a federal agency automatically create a record that must be kept? No. NARA's memo says commercial AI tools used for personal convenience generally don't create a record unless the output is significantly modified and relied on for official business.
What can agencies do with AI materials that ARE federal records? They can only be disposed of under a NARA-approved records schedule, per Part II of memo AC 11.2026 — the same rule that governs every other category of federal record.
Does this memo set AI governance or security policy? No. The memo explicitly states it does not establish policy on AI governance, e-discovery, privacy, security, or ethical use — it addresses records retention only.