---
kind: "section"
citation: "45 C.F.R. § 2507.9"
title: "45"
number: "2507.9"
heading: "Reasons for withholding some records."
url: "https://uscodex.org/cfr/45/2507.9"
---

# §2507.9. Reasons for withholding some records.

- (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)](/cfr/45/552.md?p=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.

## Notes

### Authority

Authority: 5 U.S.C. 552, 42 U.S.C. 12501 et seq.

### Source

Source: 87 FR 55309, Sept. 9, 2022, unless otherwise noted.