{"slug": "agencies-can-use-some-ai-without-creating-records-memo-says", "title": "Agencies can use some AI without creating records, memo says", "summary": "The National Archives and Records Administration (NARA) issued a memo stating that agencies can use artificial intelligence without creating federal records that must be retained in some cases, clarifying that AI use does not 'in and of itself' create records. Agencies must retain AI materials if they are used in decision-making, official business, or circulated, but commercial software like ChatGPT and Gemini that are not significantly modified do not need to be retained. The guidance comes as AI use in government grows, with over 3.4 million users in May and major GSA deals expiring at the end of September.", "body_md": "# Agencies can use some AI without creating records, memo says\n\nGovernment agencies can use artificial intelligence without creating federal records that must be retained in some cases, the National Archives and Records Administration wrote in [a memo](https://www.archives.gov/records-mgmt/memos/ac-11-2026) this month.\n\nNARA, which regulates records retention across agencies, said the use of AI does not “in and of itself” create federal records, but agencies should determine when that line is crossed by examining the circumstances surrounding the creation, maintenance and use of AI materials.\n\n“Records management is an integral part of properly managing AI materials,” the memo said. “Although there is no ‘one size fits all’ solution for agencies to implement policies, processes, and procedures related to the use of AI, NARA recommends agencies adopt formal AI policies in collaboration with legal, information technology, and other relevant stakeholders.”\n\nSpecifically, agencies should retain AI usage and results as a record if they rely on it in decision-making, use it to conduct official business, circulate the material to others or incorporate it into an agency system, NARA said.\n\nOverall, records should be preserved if they contain “evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the United States Government or because of the informational value of data in them,” it said.\n\n“Each agency has principal responsibility for determining whether an AI material is a federal record, based on its business needs and practices,” the memo said. “Agencies may reach out to NARA on a case-by-case basis for specific guidance.”\n\nAI use is “relatively new” and “will likely expand and evolve over time,” the memo said, but as for now, AI used for “personal convenience” like unused query results or private meeting notes does not have to be retained.\n\nCommercial software applications — like Gemini and ChatGPT — that are not significantly modified, as well as data used but not owned by the government, do not need to be retained either, the memo said.\n\nExamples of records that must be held onto include algorithms, models or code related to AI use written by or for the agency, and prompts circulated to other employees or used for official purposes, it said.\n\nAgencies should conform to the applicable [NARA-approved](https://fedscoop.com/library-of-congress-national-archives-technology-workforce-cuts/) schedule or agency schedule for the retainable records, the memo said.\n\nThe guidance comes as AI use increases across government, partially due to the General Services Administration’s [OneGov AI deals](https://fedscoop.com/onegov-ai-deals-expiring-whats-next/), with over 3.4 million users across government in May, an official said.\n\nThree popular deals — for OpenAI’s ChatGPT, Google’s Gemini and Anthropic’s Claude — expire at the end of September, though the [agency has hinted](https://fedscoop.com/gsa-onegov-ai-deals-some-extensions-new-offers/) at more deals and extensions to come.", "url": "https://wpnews.pro/news/agencies-can-use-some-ai-without-creating-records-memo-says", "canonical_source": "https://fedscoop.com/national-archives-says-agencies-can-use-some-ai-without-creating-records/", "published_at": "2026-08-31 19:22:33+00:00", "updated_at": "2026-08-31 19:53:47.906428+00:00", "lang": "en", "topics": ["ai-policy"], "entities": ["National Archives and Records Administration", "General Services Administration", "OpenAI", "Google", "Anthropic", "ChatGPT", "Gemini", "Claude"], "alternates": {"html": "https://wpnews.pro/news/agencies-can-use-some-ai-without-creating-records-memo-says", "markdown": "https://wpnews.pro/news/agencies-can-use-some-ai-without-creating-records-memo-says.md", "text": "https://wpnews.pro/news/agencies-can-use-some-ai-without-creating-records-memo-says.txt", "jsonld": "https://wpnews.pro/news/agencies-can-use-some-ai-without-creating-records-memo-says.jsonld"}}