[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR84.53]



[Page 498-499]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 84_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec.  84.53  Retention and access requirements for records.



    (a) This section sets forth requirements for record retention and 

access to records for awards to recipients. HUD shall 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 shall 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 HUD. The only exceptions are the 

following.

    (1) If any litigation, claim, or audit is started before the 

expiration of the 3-year period, the records shall 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 shall be retained for 3 years after final disposition.

    (3) When records are transferred to or maintained by HUD, the 3-year 

retention requirement is not applicable to the recipient.

    (4) Indirect cost rate proposals, cost allocation plans, etc. as 

specified in Sec.  84.53(g).

    (c) Copies of original records may be substituted for the original 

records if authorized by HUD.

    (d) HUD shall 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, HUD 

may make arrangements for recipients to retain any records that are 

continuously needed for joint use.

    (e) HUD, the 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



[[Page 499]]



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 (e) are not limited to the required 

retention period, but shall last as long as records are retained.

    (f) Unless required by statute, HUD shall not place restrictions on 

recipients that limit public access to the records of recipients that 

are pertinent to an award, except when HUD can demonstrate that such 

records shall 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 HUD.

    (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 HUD or 

the subrecipient submits to the recipient the proposal, plan, or other 

computation to form the basis for negotiation of the rate, then the 3-

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 HUD or the subrecipient is not required to submit 

to the recipient the proposal, plan, or other computation for 

negotiation purposes, then the 3-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.



                       Termination and Enforcement