Guidance on Applying the Federal Records Act to Artificial Intelligence Materials

How to apply the Federal Records Act (FRA) to existing Artificial Intelligence (AI) uses, with a focus on the use of AI platforms. Agencies’ use of AI platforms does not, in and of itself, result in the creation of federal records. Subsequent use of AI-generated materials in agency business may result in the creation of federal records. This memorandum explains the factors agencies should consider when making these determinations. Specifically, whether an AI material is a federal record depends on the circumstances surrounding the creation, maintenance, and use of the materials, such as whether the agency relies on it in decision-making, uses it to conduct official business, circulates the material to others, or incorporates it into an agency system. Agencies may only dispose of AI-related federal records in accordance with a NARA-approved records schedule. Existing General Records Schedules (GRS) authorize agencies to dispose of AI-related federal records when they reach the specified retention period. When agencies create federal records while using AI, these records may be “transitory” records that can be destroyed when no longer needed or “intermediary” records that may be destroyed upon creation of the subsequent record.