[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Proposed Rules]
[Pages 7653-7655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02119]



[[Page 7653]]

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SELECTIVE SERVICE SYSTEM

32 CFR Part 1665

RIN 3240-AA05


Privacy Act Procedures

AGENCY: United States Selective Service System.

ACTION: Proposed rule.

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SUMMARY: The Selective Service System (SSS) proposes the following 
revisions to its Privacy Act Procedure regulations to ensure processes 
and procedures for requesting access and amendments to records by 
electronic means and appeals from denials of request for access to or 
amendments of records is clearly spelled out within the SSS 
regulations.

DATES: Comments must be received 60 days from publication date.

ADDRESSES: You may submit comments identified by docket number and/or 
Regulatory Information Number (RIN) number and title by email to 
sss.gov">federalregisterliaison@sss.gov, or by mail to: Selective Service 
System, Federal Register Liaison, 1501 Wilson Boulevard, Suite 700, 
Arlington, VA 22209.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Cramer, Office of the 
General Counsel, 703-605-4069, sss.gov">kcramer@sss.gov.

SUPPLEMENTARY INFORMATION:

A. Summary of New Regulatory Provisions and Their Impact

    The revision to 32 CFR part 1665 adds clarity for how to make 
online inquiries, and how inquiries will be processed, allows for 
electronic requests, and makes several stylistic and grammatical 
changes.

B. Background and Legal Basis for This Rule

    The Housekeeping Statute, 5 U.S.C. 301, authorizes agency heads to 
promulgate regulations governing ``the custody, use, and preservation 
of its records, papers, and property.'' The Privacy Act is a Federal 
statute that establishes a Code of Fair Information Practice that 
governs the collection, maintenance, use, and dissemination of 
personally identifiable information about individuals that is 
maintained in systems of records by Federal agencies. A system of 
records is a group of records under the control of an agency from which 
information is retrieved by the name of the individual or by some 
identifier assigned to the individual. The Privacy Act requires that 
agencies give the public notice of their systems of records by 
publication in the Federal Register.
    The Privacy Act prohibits the disclosure of information from a 
system of records absent the written consent of the subject individual 
unless the disclosure is pursuant to one of 12 statutory exceptions. 
The Act also provides individuals with a means by which to seek access 
to and amendment of their records and sets forth various agency record-
keeping requirements. Additionally, with people granted the right to 
review what was documented with their name, they are also able to find 
out if the ``records have been disclosed'' and are also given the right 
to make corrections. The Privacy Act also provides an avenue for appeal 
from denials of request for access to or amendment of records. This new 
rule amends part 1665 to ensure processes and procedures for appeals 
from denials of request for access to or amendments of records is 
clearly spelled out within the SSS regulations.

C. Expected Impact of the Final Rule

    This proposed rule will not impose any new costs. These regulations 
will clarify and streamline appeals from denials of request for access 
to or amendment of records. This revision will produce efficiency and 
uniformity to the public's benefit.

D. Executive Order (E.O.) 12866, ``Regulatory Planning and Review,'' 
E.O. 13563, ``Improving Regulation and Regulatory Review,'' and 
Congressional Review Act (5 U.S.C. 801-08)

    E.O.s 12866 and 13563 direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distribute impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. Following the 
requirements of these EOs, the Office of Management and Budget (OMB) 
has determined that this final rule is not a significant regulatory 
action under section 3(f) of E.O. 12866 nor a ``major rule'' as defined 
by 5 U.S.C. 804(2).

E. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    SSS certifies that this proposed rule is not subject to the 
Regulatory Flexibility Act, 5 U.S.C. 601, because it would not have a 
significant economic impact on a substantial number of small entities. 
Therefore, the Regulatory Flexibility Act, as amended, does not require 
SSS to prepare a regulatory flexibility analysis.

F. Section 202 of Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 
U.S.C. 1532)

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, requires agencies to assess anticipated costs and benefits before 
issuing any rule whose mandates require the expenditure of $100 million 
or more (in 1995 dollars, adjusted annually for inflation) in any one 
year. This proposed rule will not mandate any requirements for state, 
local, or tribal governments, nor will it affect private sector costs.

G. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    It has been determined that 32 CFR part 1665 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act.

H. Congressional Review Act

    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This rulemaking is not a major rule under 5 
U.S.C. 801.

I. E.O. 13132, ``Federalism''

    E.O. 13132 establishes certain requirements that an agency must 
meet when it promulgates a proposed rule (and subsequent final rule) 
that imposes substantial direct requirement costs on State and local 
governments, preempts State law, or otherwise has federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

J. Compliance With Pay-As-You-Go Act of 2023 (Fiscal Responsibility Act 
of 2023, Pub. L. 118-5, Div. B, Title III)

    In accordance with Compliance with Pay-As-You-Go Act of 2023 
(Fiscal Responsibility Act of 2023, Pub. L. 118-5, div. B, title III) 
and OMB Memorandum (M-23-21) dated September 1, 2023, SSS has 
determined that this proposed rule is not subject to the Act because it 
will not increase direct spending beyond specified thresholds.

[[Page 7654]]

K. E.O. 11623, Delegation of Authority & Coordination Requirements

    In E.O. 11623, the President delegated to the Director of Selective 
Service the authority to prescribe the necessary rules and regulations 
to carry out the provisions of the Military Selective Service Act. In 
carrying out the provisions of E.O. 11623, as amended by E.O. 13286, 
the Director shall request the views of the Secretary of Defense, the 
Attorney General, the Secretary of Labor, the Secretary of Health, 
Education, and Welfare, the Secretary of Homeland Security (when the 
Coast Guard is serving under the Department of Homeland Security), the 
Director of the Office of Emergency Preparedness, and the Chairman of 
the National Selective Service Appeal Board with regard to such 
proposed rule or regulation, and shall allow not less than 10 days for 
the submission of such views before publication of the proposed rule or 
regulation. On January 24, 2024, the SSS completed its coordination 
requirements, and the Director certifies that he has requested the 
views of the officials required to be consulted pursuant to subsection 
(a) of E.O. 11623, considered those views, and, as appropriate, 
incorporated those views in these regulations, and that none of them 
has timely requested that the matter be referred to the President for 
decision.

List of Subjects in 32 CFR Part 1665

    Privacy, Personally identifiable information, Procedural rules.

    For the reasons stated in the preamble, SSS proposes to amend 32 
CFR part 1665 as set forth below:

PART 1665--PRIVACY ACT PROCEDURES

0
1. The authority citation for part 1665 is revised to read as follows:

    Authority: 50 U.S.C. 3801 et seq.; and 5 U.S.C. 552a.

0
2. Amend Sec.  1665.1 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b); and
0
c. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.
0
d. In newly redesignated paragraph (b):
0
i. Removing the words ``Ordinarily, the requester will'' and adding in 
their place the words ``For requesters who make a hand-written request 
for USPS delivery or electronic request for information to SSS, will 
ordinarily'' in the first sentence;
0
ii. Adding the word ``of'' after the word ``informed'' in the first 
sentence; and
0
e. In newly redesignated paragraph (c), removing the word ``the'' 
before the words ``10 days'' in the first sentence.
    The revision reads as follows:


Sec.  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 [verbar] Selective Service System: Selective Service System 
(sss.gov) or by email using sss.gov">PrivacyAct@sss.gov. The written or 
electronic inquiry should contain the following information: name and 
address of the requester, email address of subject (for electronic 
requests only), identity of the systems of records, and nature of the 
request. It should also include identifying information specified in 
the applicable SSS System of Record Notices to assist in identifying 
the request, such as location of the record, if known, full name, birth 
date, time periods in which the records are believed to have been 
complied, etc. SSS Systems of Record Notices subject to the Privacy Act 
is in the Federal Register and copies of the notices will be available 
upon request to the records manager. A compilation of such notices will 
also be made and published by the Office of Federal Register, in accord 
with 5 U.S.C. 552a(f). Requesters seeking copies of their registration 
records with the SSS may first seek to obtain their registration number 
and related information by visiting https://www.sss.gov/verify/ and 
making the request. To make this request, the individual must provide 
their last name, social security number and date of birth when 
completing the required fields to access their registration information 
online. For other documentation requests such as for a registration 
Status of Information Letter (SIL), the individual must make the 
request electronically or in writing and send via the United States 
Postal Service (USPS).
* * * * *


Sec.  1665.2  [Amended]

0
3. Amend Sec.  1665.2 by:
0
a. In paragraph (a):
0
i. Adding the words ``or electronic'' after the words ``Requirement for 
written'' in the paragraph heading; and
0
ii. Adding the words ``or electronically (as specified in Sec.  
1665.1(a)) after the words ``request in writing'' in the first 
sentence.


Sec.  1665.4  [Amended]

0
4. Amend Sec.  1665.4 by:
0
a. In paragraph (a):
0
i. Adding the words ``or electronic'' after the words ``Requirement for 
written'' in the paragraph heading; and
0
ii. Adding the words ``or electronically (as specified in Sec.  
1665.1(a))'' after the words ``request in writing'' in the first 
sentence.
0
5. Amend Sec.  1665.5 by:
0
a. Revising the section heading;
0
b. Removing the words ``request for review'' and adding in their place 
the word ``appeal'' wherever it appears;
0
c. Revising paragraphs (a) and (d); and
0
d. Adding paragraphs (e) and (f).
    The revisions and additions read as follows:


Sec.  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 
Sec.  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 
Sec. Sec.  1665.2 and 1665.4. The requester should submit the appeal in 
writing or electronically (as specified in Sec.  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.
* * * * *
    (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 extends 
the 20 days period for good cause. The extension and the reasons 
therefore will be sent by SSS to

[[Page 7655]]

the requester within the initial 20-day period. Such extensions should 
not be routine and should not normally exceed an additional 30 days. If 
the decision affirms the adverse determination in whole or in part, the 
notification will include a brief statement of the reason(s) for the 
affirmation, including any exemptions applied, and will inform the 
appellant of the Privacy Act provisions for judicial review of the 
appellate authority's decision, a description of the steps the 
individual may take to obtain judicial review of such a decision, a 
statement that the individual may file a concise statement with SSS 
setting forth the individual's reasons for his disagreement with the 
decision, and the procedures for filing such a statement of 
disagreement. The Director of Selective Service has the authority to 
determine the conciseness of the statement, considering the scope of 
the disagreement and the complexity of the issues. Upon the filing of a 
proper, concise statement by the individual, any subsequent disclosure 
of the information in dispute will be clearly noted so that the fact 
that the record is disputed is apparent, which shall include a copy of 
the concise statement furnished and a concise statement by SSS setting 
forth its reasons for not making the requested changes, if SSS chooses 
to file such a statement. A notation of a dispute is required to be 
made only if an individual informs SSS of their disagreement with its 
determination in accordance with paragraphs (a) through (c) of this 
section. A copy of the individual's statement, and if it chooses, SSS's 
statement will be sent to any prior transferee of the disputed 
information who is listed on the accounting required by 5 U.S.C. 
552a(c). If the reviewing official determines that the record should be 
amended in accord with the individual's request, SSS will promptly 
correct the record, advise the individual, and inform previous 
recipients if an accounting of the disclosure was made pursuant to 5 
U.S.C. 552a(c). The notification of correction pertains to information 
actually disclosed. If the adverse determination is reversed or 
modified, in whole or in part, the appellant will be notified in 
writing of this decision and the request will be reprocessed in 
accordance with that appeal decision.
    (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.
0
6. Amend Sec.  1665.6 by revising paragraph (c)(3) to read as follows:


Sec.  1665.6  Schedule of fees.

* * * * *
    (c) * * *
    (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.
* * * * *
0
7. Amend Sec.  1665.7 by revising the section heading and paragraphs 
(a) and (b) and removing paragraph (c) to read as follows:


Sec.  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.
0
8. Revise Sec.  1665.8 to read as follows:


Sec.  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., the SSS will not reveal 
to the suspected violator the informant's name or other identifying 
information relating to the informant).
    These proposed regulations were reviewed and approved by Joel C. 
Spangenberg, Acting Director of Selective Service.

Daniel A. Lauretano, Sr.,
Selective Service System General Counsel & Federal Register Liaison 
Officer.
[FR Doc. 2024-02119 Filed 2-2-24; 8:45 am]
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