28 CFR 70.53 - Retention and access requirements for records.

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§ 70.53 Retention and access requirements for records.
(a) This section sets forth requirements for record retention and access to records for awards to recipients. The Department will not impose any other record retention or access requirements upon recipients.
(b) Financial records, supporting documents, statistical records, and all other records pertinent to an award must be retained for a period of three years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by the Department. The only exceptions are the following:
(1) If any litigation, claim, or audit is started before the expiration of the three year period, the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
(2) Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
(3) When records are transferred to or maintained by the Department, the three year retention requirement is not applicable to the recipient.
(4) Indirect cost rate proposals, cost allocations plans, etc. as specified in § 70.53(g).
(c) Copies of original records may be substituted for the original records if authorized by the Department.
(d) The Department will request transfer of certain records to its custody from recipients when it determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, the Department will make arrangements for recipients to retain any records that are continuously needed for joint use.
(e) The Department, its Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of recipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a recipient's personnel for the purpose of interview and discussion related to such documents. The rights of access in this paragraph are not limited to the required retention period, but must last as long as records are retained.
(f) Unless required by statute, the Department will not place restrictions on recipients that limit public access to the records of recipients that are pertinent to an award, except when the Department can demonstrate that such records must be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) if the records had belonged to the Department.
(g) Indirect cost rate proposals, cost allocation plans, etc. Paragraphs (g)(1) and (g)(2) of this section apply to the following types of documents, and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the recipient submits to the Department or the subrecipient submits to the recipient the proposal, plan, or other computation to form the basis for negotiation of the rate, then the three year retention period for its supporting records starts on the date of such submission.
(2) If not submitted for negotiation. If the recipient is not required to submit to the Department or the subrecipient is not required to submit to the recipient the proposal, plan, or other computation for negotiation purposes, then the three year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation.
[Order No. 1980-95, 60 FR 38242, July 26, 1995; Order No. 1998-95, 60 FR 57932, Nov. 24, 1995]

Title 28 published on 2013-07-01

no entries appear in the Federal Register after this date.

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United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3711 - Establishment of Office of Justice Programs

§ 3712 - Duties and functions of Assistant Attorney General

§ 3712a - Office of Weed and Seed Strategies

§ 3712b - Weed and Seed strategies

§ 3712c - Inclusion of Indian tribes

§ 3712d - Transferred

§ 3712e - Community Capacity Development Office

§ 3712f - Division of Applied Law Enforcement Technology

§ 3712g - Availability of funds

§ 3712h - Office of Audit, Assessment, and Management

§ 3713 - State grant program for training and prosecution of computer crimes

§ 3713a - Local law enforcement grants

§ 3713b - Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes

§ 3713c - Additional funding for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers

§ 3713d - Annual reports

§ 3714 - Grant program for State and local domestic preparedness support

§ 3714a - Grants to States for threat assessment databases

§ 3715 - Office of Justice Programs grants, cooperative agreements, and contracts

§ 3715a - Consolidation of financial management systems of Office of Justice Programs

§ 3716 - Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

§ 3716a - Grant program

§ 5601 - Findings

§ 5602 - Purposes

§ 5603 - Definitions

§ 10601 - Crime Victims Fund

§ 10602 - Crime victim compensation

§ 10603 - Crime victim assistance

§ 10603a - Child abuse prevention and treatment grants

§ 10603b - Compensation and assistance to victims of terrorism or mass violence

§ 10603c - Compensation to victims of international terrorism

§ 10603d - Crime victims legal assistance grants

§ 10603e - Crime victims notification grants

§ 10604 - Administrative provisions

§ 10605 - Establishment of Office for Victims of Crime

§ 10606 - Repealed.

§ 10607 - Services to victims

§ 10608 - Closed circuit televised court proceedings for victims of crime