PART 1665—PRIVACY ACT PROCEDURES Authority: 50 U.S.C. 3801 et seq.; Source: 47 FR 7224, Feb. 18, 1982, unless otherwise noted. § 1665.1 Rules for determining if an individual is the subject of a record. (a) Individuals desiring to know if a specific system of records maintained by the Selective Service System (SSS) contains a record pertaining to them should address their inquiries in writing or by electronic means to the Selective Service System, ATTN: Records Manager, Public and Intergovernmental Affairs Directorate, Arlington, VA 22209-2425. Online inquiries in English and Spanish may be made at: Contact Us | Selective Service System: Selective Service System (sss.gov) or by email using [email protected]. Federal Register https://www.sss.gov/verify/ (b) For requesters who make a hand-written request for USPS delivery or electronic request for information to SSS, will ordinarily be informed of whether the named system of records contains a record pertaining to the requester within 10 days of receipt of such a request (excluding Saturdays, Sundays, and legal Federal holidays). Such a response will also contain or reference the procedures which must be followed by the individual making the request in order to gain access to the record. (c) Whenever a response cannot be made within 10 days, the records manager will inform the requester of the reason for the delay and the date by which a response may be anticipated. [47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, 2004, as amended at 89 FR 35005, May 1, 2024] § 1665.2 Requests for access. (a) Requirement for written or electronic requests. Individuals desiring to gain access to a record pertaining to them in a system of records maintained by SSS must submit their request in writing or electronically (as specified in § 1665.1(a)) in accord with the procedures set forth in paragraph (b) below. (b) Procedures Content of the request. (ii) If the request for access follows a prior request under § 1665.1, the same identifying information need not be included in the request for access if a reference is made to that prior correspondence, or a copy of the SSS response to that request is attached. (iii) If the individual specifically desires a copy of the record, the request should so specify. (2) SSS action on request. (i) A statement that there is a record as requested or a statement that there is not a record in the system of records maintained by SSS; (ii) A statement as to whether access will be granted only by providing copy of the record through the mail; or the address of the location and the date and time at which the record may be examined. In the event the requester is unable to meet the specified date and time, alternative arrangements may be made with the official specified in § 1665.2(b)(1); (iii) A statement, when appropriate, that examination in person will be the sole means of granting access only when the records manager has determined that it would not unduly impede the requester's right of access; (iv) The amount of fees charged, if any (see § 1665.6) (Fees are applicable only to requests for copies); (v) The name, title, and telephone number of the SSS official having operational control over the record; and (vi) The documentation required by SSS to verify the identity of the requester. At a minimum, SSS's verification standards include the following: (A) Current or former SSS employees. employee copy (B) Other than current or former SSS employees. (C) Access granted by mail. (D) Unavailability of identification documentation. (E) Access by the parent of a minor, or legal guardian. presenting suitable personal identification, any record pertaining to the minor Absent a court order or consent, (F) Granting access when accompanied by another individual. (G) Denial of access for inadequate identification documentation. (H) Review of decision to deny access. (vii) Exceptions. (B) Within any system of records pertaining to possible violations of the Military Selective Service Act, the identity of or any information pertaining to any individual who provides information relating to a suspected violator will not be revealed to the suspected violator. This exemption is made under the provision of 5 U.S.C. 552a(k)(2). [47 FR 7224, Feb. 18, 1982, as amended at 89 FR 35005, May 1, 2024] § 1665.3 Access to the accounting of disclosures from records. Rules governing the granting of access to the accounting of disclosure are the same as those for granting accesses to the records (including verification of identity) outlined in § 1665.2. § 1665.4 Requests to amend records. (a) Requirement for written or electronic requests. (b) Procedures. (ii) When the individual's identity has been previously verified pursuant to § 1665.2(b)(2)(vi), further verification of identity is not required as long as the communication does not suggest that a need for verification is present. If the individual's identity has not been previously verified, SSS may require identification validation as described in § 1665.2(b)(2)(vi). Individuals desiring assistance in the preparation of a request to amend a record should contact the records manager at the address cited above. (iii) The exact portion of the record the individual seeks to have amended should be clearly indicated. If possible, the proposed alternative language should also be set forth, or at a minimum, the facts which the individual believes are not accurate, relevant, timely, or complete should be set forth with such particularity as to permit SSS not only to understand the individual's basis for the request, but also to make an appropriate amendment to the record. (iv) The request must also set forth the reasons why the individual believes his record is not accurate, relevant, timely, or complete. In order to avoid the retention by SSS of personal information merely to permit verification of records, the burden of persuading SSS to amend a record will be upon the individual. The individual must furnish sufficient facts to persuade the official in charge of the system of the inaccuracy, irrelevancy, timeliness or incompleteness of the record. (v) Incomplete or inaccurate requests will not be rejected categorically. The individual will be asked to clarify the request as needed. (2) SSS action on the request. (i) The decision of the Selective Service System whether to grant in whole, or deny any part of the request to amend the record. (ii) The reasons for determination for any portion of the request which is denied. (iii) The name and address of the official with whom an appeal of the denial may be lodged. (iv) The name and address of the official designated to assist, as necessary and upon request of, the individual making the request in preparation of the appeal. (v) A description of the review of the appeal with SSS (see § 1665.5). (vi) A description of any other procedures which may be required of the individual in order to process the appeal. (3) If the nature of the request for the correction of the system of records precludes a decision within 10 days, the individual making the request will be informed within 10 days of the extended date for a decision. Such a decision will be issued as soon as it is reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal Federal holidays) unless unusual circumstances preclude completing action within that time. If the expected completion date for the decision indicated cannot be met, the individual will be advised of the delay of a revised date when the decision may be expected to be completed. [47 FR 7224, Feb. 18, 1982, as amended at 89 FR 35005, May 1, 2024] § 1665.5 Appeals. (a) If the requester is dissatisfied with the SSS response, the requester can appeal an adverse determination denying the request to the appellate authority listed in the notification of denial letter. The appeal must be made in writing or electronically (as specified in § 1665.1(a)), and it must be postmarked (or sent by email) within 60 calendar days of the date of the letter denying the initial request for records or amendment of information. The appeal should include a copy of the SSS determination (including the assigned request number, if known). For the quickest possible handling, the appeal whether in writing or by email should specify that it is a “Privacy Act Appeal.” If the requester is dissatisfied with the SSS response, the requester can appeal an adverse determination denying an initial request to access or amend a record in accordance with the provisions of §§ 1665.2 and 1665.4. The requester should submit the appeal in writing or electronically (as specified in § 1665.1(a)) and, to the extent possible, include the information specified in paragraph (b) of this section. Individuals desiring assistance in the preparation of their appeal should contact the records manager at the address provided herein. (b) The appeal should contain a brief description of the record involved or in lieu thereof, copies of the correspondence from SSS in which the request to access or to amend was denied and also the reasons why the requester believes that access should be granted or the disputed information amended. The appeal should make reference to the information furnished by the individual in support of his claim and the reasons as required by §§ 1665.2 and 1665.4 set forth by SSS in its decision denying access or amendment. Appeals filed without a complete statement by the requester setting forth the reasons for review will, of course, be processed. However, in order to make the appellate process as meaningful as possible, the requester's disagreement should be set forth in an understandable manner. In order to avoid the unnecessary retention of personal information, SSS reserves the right to dispose of the material concerning the request to access or amend a record if no appeal in accord with this section is received by SSS within 180 days of the mailing by SSS of its decision upon an initial request. A appeal received after the 180 day period may, at the discretion of the records manager, be treated as an initial request to access or amend a record. (c) The appeal should be addressed to the Director of Selective Service. (d) The appellant will be notified of the decision on his or her appeal in writing or by email within 20 days (excluding Saturdays, Sundays, and legal Federal holidays) from the date of receipt by SSS of the individual's request for review unless the appeal authority conciseness considering (e) In order to seek a judicial review of a denial of a request for access to records, a requester must first file an appeal under this section. (f) An appeal ordinarily will not be acted on if the request becomes a matter of litigation. [47 FR 7224, Feb. 18, 1982, as amended at 89 FR 35005, May 1, 2024] § 1665.6 Schedule of fees. (a) Prohibitions against charging fees. (1) The search and review of the record. (2) Any copies of the record produced as a necessary part of the process of making the record available for access, or (3) Any copies of the requested record when it has been determined that access can only be accomplished by providing a copy of the record through the mail. (4) Where a registrant has been charged under the Military Selective Service Act and must defend himself in a criminal prosecution, or where a registrant submits to induction and thereafter brings habeas corpus proceedings to test the validity of his induction, the Selective Service System will furnish to him, or to any person he may designate, one copy of his Selective Service file free of charge. (b) Waiver. (c) Fee schedule and method of payment. (1) Duplication of records. (2) Fees should be paid in full prior to issuance of requested copies. In the event the requester is in arrears for previous requests, copies will not be provided for any subsequent request until the arrears have been paid in full. (3) Remittance shall be in the form of cash, a personal check or bank draft drawn on a bank in the United States, or postal money order. Remittances shall be made payable to the order of the Selective Service System and mailed or delivered to the records manager, Selective Service System, 1501 Wilson Blvd., Suite 700, Arlington, VA 22209. (4) A receipt of fees paid will be given upon request. [47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, 2004, as amended at 89 FR 35006, May 1, 2024] § 1665.7 Information available to the public or to those seeking confirmation of SSS registration status to convey benefits related to registration. (a) SSS maintains a record which contains the name, Selective Service number, and registration status of those that have registered with SSS. (b) Any compensated employee of SSS may disclose to an entity seeking to convey a benefit related to SSS registration status by law whether the individual has or has not registered with SSS. [47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, 2004, as amended at 89 FR 35006, May 1, 2024] § 1665.8 Systems of records exempted from certain provisions of this act. The SSS will not provide requesters information exempt from disclosure pursuant to 5 U.S.C. 552a(k), ( e.g., [89 FR 35006, May 1, 2024] § 1665.9 SSS Compliance with the Social Security Fraud Prevention Act of 2017 to limit the use of Social Security numbers on documents mailed by the Selective Service System (SSS). (a) A document that SSS sends by mail shall not include the Social Security number (SSN) of an individual, except where the Director of Selective Service (or other Agency official whom the Director of Selective Service may designate) determines that it is necessary. If so, the SSN must be truncated to the extent feasible, as follows— (1) The document shall include no more than the last four digits of the SSN; or (2) If the document needs to include more digits, then only where they are: (i) Required by law (including, but not limited to, a statute, court order, or other legal mandate); (ii) Needed to identify a specific individual when no adequate substitute is available; or (iii) Needed to fulfill some other compelling SSS business need. (b) No portion of an SSN may be visible on the outside of any SSS mailing. (c) For purposes of this section, “mail” and “mailing” means printed documents or correspondence, and does not include emails or any other documents, correspondence, or communications in electronic form. (d) The requirements of this section shall apply to mail sent by SSS, including mailings by a contractor on SSS's behalf, on or after November 13, 2023. [88 FR 78641, Nov. 16, 2023]