C.F.R. » Title 2 » CHAPTER II—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE › PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS › Subpart D—Post Federal Award Requirements

2 C.F.R. § 200.338

Restrictions on public access to records

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Federal agencies may not place restrictions on the recipient or subrecipient that limit public access to the records of the recipient or subrecipient pertinent to a Federal award, except for protected personally identifiable information (PII) or other sensitive information when the Federal 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 agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to records that remain under the recipient's or subrecipient's control except as required by § 200.315. Unless required by Federal, State, local, or tribal law, recipients and subrecipients are not required to permit public access to their records. The recipient's or subrecipient's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions.

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: Hous. Auth. of the City of Slidell (Fed. Cl. 2020).
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Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 4× “62 The government’s reliance upon 2 C.F.R. § 200.338 is an improvement, at least insofar as it covers “[r]emedies for noncompliance” following the award of an agreement, contained, as the provision is, within 2 C.”
Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 3× “62 The government’s reliance upon 2 C.F.R. § 200.338 is an improvement, at least insofar as it covers “[r]emedies for noncompliance” following the award of an agreement, contained, as the provision is, within 2 C.”
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