(a) This section sets forth requirements for record retention and
access to records for awards to recipients. DOL 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 DOL. 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 DOL, the 3-year
retention requirement is not applicable to the recipient.
(4) Indirect cost rate proposals, cost allocations plans, etc., as
specified in paragraph (g) of this section.
(c) Copies of original records may be substituted for the original
records if authorized by DOL.
(d) DOL 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, DOL
may make arrangements for recipients to retain any records that are
continuously needed for joint use.
(e) The Federal grantor awarding agency, the Inspector General, the
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 shall last as long as records are retained.
(f) Unless required by statute, DOL shall not place restrictions on
recipients that limit public access to the records of recipients that
are pertinent to an award, except when DOL 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.
Sec. 552) if the records had belonged to DOL.
(g) Indirect cost rate proposals, cost allocations 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 DOL 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 DOL 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.
(Approved by the Office of Management and Budget, Approval Number 1225-
0017)
