(a) The heads of agencies submit to the archivist for administration, disposition, and preservation the records in their custody not needed for the transaction of current business, in accordance with standards and policies established under paragraphs (1) and (2) of 4.1205 of this chapter. In addition the agency head shall:
(1) establish and maintain an active continuing program in accordance with standards and procedures established by the archivist for the economical and efficient management, maintenance, and disposition of the records of the agency;
(2) make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency necessary and designed to provide direction, guidance, and information, or to protect the legal and financial rights of the government, and of persons directly affected by the agency’s activities.
(b) Notwithstanding any other provision of law, an official of the government who is authorized to certify on the basis of records in his custody may certify the facts on the basis of records that have been transferred by him or a predecessor to the archivist, and may direct the archivist to certify the facts and to make administrative determinations on the basis of records that have been transferred by him or a predecessor to the archivist, and may direct the archivist to certify the facts and to make administrative determinations on the basis of records transferred to the national archives and records service.History: 1982, PL 17-32 § 7.