This guide is not legal advice.
What it is
The Federal Records Act defines federal records by their content and use, not their format. Under 44 U.S.C. 3301, records include all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in public business, and preserved or appropriate for preservation by that agency as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the United States Government, or because of the informational value of the data in them.
NARA oversees records management across federal agencies and approves records schedules that say how long records are kept. NARA AC 11.2026, dated August 21, 2026, gives agency records officers guidance on applying the Federal Records Act to AI materials. It says the guidance covers records management under the FRA only and does not set AI governance, e-discovery, privacy, security or ethics policy.
What it asks for, for AI and data
Because records are defined by content and use, information created with an AI tool can be a federal record, including, depending on the agency's schedules:
- Prompts and outputs that document a decision or action
- AI-assisted drafts that are circulated or relied on
- Summaries of meetings that serve as the record of the meeting
- AI materials such as inputs, outputs, data, audit trails and software when they meet the Federal Records Act definition
Agencies need to be able to identify, keep, retrieve and eventually dispose of these records under NARA-approved schedules. AC 11.2026 also confirms that agencies may dispose of AI-related federal records only under a NARA-approved records schedule.
How Matrix helps
| Need | How Matrix helps |
|---|---|
| Keep records inside the agency | Prompts, answers and drafts are stored on the system at your site, not with a provider. |
| Identify what was created | Local audit logs record queries, administration and maintenance; required event scope is agreed with your team. |
| Retrieve records | Your team can review and export audit logs; records-system integrations are confirmed for your requirements. |
| Control retention | Your team defines retention requirements, which are agreed for the configured system. |
| Approval | Drafts wait for a named person to approve before use. |
Local deployment does not decide what is a federal record or satisfy a records schedule by itself. It gives the agency a controlled place to capture and review AI materials before moving required records into official systems.
What stays with you
- Deciding which AI-assisted content is a record under your schedules
- Moving records into your official recordkeeping system where required
- Applying retention and disposition schedules
- Responding to records and information requests, including FOIA requests where applicable
- Training staff on records duties when using AI
Questions to ask any AI vendor
- Where are prompts and outputs stored, and who controls their retention?
- Can we export conversations and logs into our records system?
- Does the vendor keep copies we would need to request?
- Can we search records by user, date and subject?
More public sources
- Federal schedulesNational Archives: General Records Schedules
- Federal lawFOIA.gov: What is FOIA?