Will the information submitted to FRA from grantees or bidders/offerors in order to comply with Buy America be made public?
Yes. The information provided to FRA may become public. First, as noted in FAQ no. 15, the Buy America provision requires that a notice of the FRA’s intent to grant a waiver be published in the Federal Register. In some instances, FRA would also publish a request for comment before making a determination on whether to grant a waiver. In addition, as a Federal agency, FRA is subject to the Freedom of Information Act (FOIA), which generally provides that any person has a right, enforceable in court, to obtain access to Federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. 5 U.S.C. § 552. Materials submitted by grantees under the HSIPR Program become Federal agency records and are thus subject to the FOIA and to public release in response to individual FOIA requests. Certain information submitted by a grantee or a stakeholder could be
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