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lotter on DSK11XQN23PROD with PROPOSALS1

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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules
of this section. The components FOIA
office will assign a tracking number to the appeal.
c The Appeals Review Panel will decide appeals from denials of PA
amendment requests within 30 business days, unless the Panel extends that period for good cause shown, from the date when it is received by the Panel.
d Appeals Review Panel decisions will be made in writing, and appellants will receive notification of the decision.
A reversal will result in reprocessing of the request in accordance with that decision. An affirmance will include a brief statement of the reason for the affirmance and will inform the appellant that the decision of the Panel represents the final decision of the Agency and of the right to seek judicial review of the Panels decision, when applicable.
e If the Panels decision is that a record shall be amended in accordance with the appellants request, the ChairmanUSAIDS FOIA Liaison Officer or their designee shall direct the office responsible for the record to amend the record, advise all previous recipients of the record of the amendment and its substance if an accounting of previous disclosures has been made, and so advise the individual in writing.
f If the Panels decision is that the amendment request is denied, in addition to the notification required by paragraph d of this section, the ChairmanUSAIDS FOIA Liaison Officer or their designee-shall advise the appellant:
1 Of the right to file a concise Statement of Disagreement stating the reasons for disagreement with the decision of the Agency;
2 Of the procedures for filing the Statement of Disagreement;
3 That any Statement of Disagreement that is filed will be made available to anyone to whom the record is subsequently disclosed, together with, at the discretion of the Agency, a brief statement by the components FOIA
office summarizing its reasons for refusing to amend the record;
4 That prior recipients of the disputed record will be provided a copy of any statement of disagreement, to the extent that an accounting of disclosures was maintained.
g If the appellant files a Statement of Disagreement under paragraph f of this section, the components FOIA office will clearly annotate the record so that the fact that the record is disputed is apparent to anyone who may subsequently access the record. When the disputed record is subsequently disclosed, the components FOIA office
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will note the dispute and provide a copy of the Statement of Disagreement. The components FOIA office may also include a brief summary of the reasons for not amending the record. Copies of the component FOIA offices statement shall be treated as part of the individuals record for granting access;
however, it will not be subject to amendment by an individual under this part.
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Specific exemptions.

a Pursuant to 5 U.S.C. 552ak, the Director or the Administrator may, where there is a compelling reason to do so, exempt a system of records, from any of the provisions of subsections c3;
d; e1; e4G, H, and I; and f of the Act if a system of records is:
1 Subject to the provisions of 5
U.S.C. 552b1;
2 Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection j2 of the Act: Provided, however, that if any individual is denied any right, privilege, or benefit to which he or she would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence;
3 Maintained in connection with providing protective services to the President of the United States or other individuals pursuant to 18 U.S.C. 3056;
4 Required by statute to be maintained and used solely as statistical records;
5 Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence;
6 Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service, the disclosure of which would compromise
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the objectivity or fairness of the testing or examination process; or 7 Evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.
b Each notice of a system of records that is the subject of an exemption under 5 U.S.C. 552ak will include a statement that the system has been exempted, the reasons therefore, and a reference to the Federal Register, volume and page, where the exemption rule can be found.
c The systems of records to be exempted under section k of the Act, the provisions of the Act from which they are being exempted, and the justification for the exemptions, are set forth in this paragraph c:
1 Criminal Law Enforcement Records. If the 5 U.S.C. 552aj2
exemption claimed under paragraph c of 22 CFR 215.13 and on the notice of systems of records to be published in the Federal Register on this same date is held to be invalid, then this system is determined to be exempt, under 5
U.S.C. 552ak1 and 2 of the Act, from the provisions of 5 U.S.C.
552ac3; d; e1; e4; G; H; I;
and f. The reasons for asserting the exemptions are to protect the materials required by executive order to be kept secret in the interest of the national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources and law enforcement personnel.
2 Personnel Security and Suitability Investigatory Records. This system is exempt under U.S.C. 552ak1, k2, and k5 from the provisions of 5
U.S.C. 552ac3; d; e1; e4; G;
H; I; and f. These exemptions are claimed to protect the materials required by executive order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law
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