§ 200.338 - Restrictions on public access to records.

§ 200.338 Restrictions on public access to records.

No Federal awarding agency agencies may not place restrictions on the non-Federal entity recipient or subrecipient that limit public access to the records of the non-Federal entity recipient or subrecipient pertinent to a Federal award, except for protected personally identifiable information (PII) or other sensitive information when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non-Federal entitythe recipient's or subrecipient's control except as required under by § 200.315. Unless required by Federal, stateState, local, and or tribal statute, non-Federal entities law, recipients and subrecipients are not required to permit public access to their records. The non-Federal entityrecipient's or subrecipient's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions.