- (a) AmeriCorps records will be made available to the public unless it determines that such records should be withheld from disclosure under subsection 552(b) of the Act and/or in accordance with this part. Section 552(b) of the FOIA contains nine exemptions to the mandatory disclosure of records.
(b) AmeriCorps will:
- (1) Withhold information under the FOIA only if disclosure is prohibited by law or it reasonably foresees that disclosure would harm an interest protected by an exemption.
- (2) Consider whether partial disclosure of information is possible whenever it determines that a full disclosure of a requested record is not possible.
- (3) Take reasonable steps necessary to segregate and release nonexempt information.
- (4) Note in the record and response letter the basis for a redaction when it withholds information in a record, or an entire record.
- (c) To the extent it properly can under an exemption, AmeriCorps will withhold information it obtains from any submitter that gave it to the agency in reliance on a statutory or regulatory provision for confidentiality. This section does not authorize the giving of any pledge of confidentiality by any officer or employee of AmeriCorps.
- (d) The deliberative process privilege of Exemption 5 of the FOIA will not apply to records created 25 years or more before the date when the records were requested.