Chapter Xvi—Selective Service System

CHAPTER XVI—SELECTIVE SERVICE SYSTEM

Part Page 1600–1601 [Reserved] 1602 Definitions ...... 303 1605 Selective Service System organization ...... 304 1609 Uncompensated personnel ...... 310 1615 Administration of registration ...... 311 1618 Notice to registrants ...... 312 1621 Duty of registrants ...... 313 1624 Inductions ...... 314 1627 Volunteers for induction ...... 317 1630 Classification rules ...... 318 1633 Administration of classification ...... 324 1636 Classification of conscientious objectors ...... 326 1639 Classification of registrants preparing for the ministry ...... 330 1642 Classification of registrants deferred because of hardship to dependents ...... 332 1645 Classification of ministers of religion ...... 334 1648 Classification by local board ...... 336 1651 Classification by District Appeal Board ...... 338 1653 Appeal to the President ...... 340 1656 Alternative service ...... 342 1657 Overseas registrant processing ...... 351 1659 Extraordinary expenses of registrants ...... 352 1662 Freedom of Information Act (FOIA) procedures ..... 352 1665 Privacy Act procedures ...... 356 1690 [Reserved] 1697 Salary offset ...... 362 1698 Advisory opinions ...... 366 1699 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by Selective Service System ...... 367

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PARTS 1600–1601 [RESERVED] (2) A person, though not a citizen of the United States, who owes allegiance to the United States. PART 1602—DEFINITIONS § 1602.4 Area office. Sec. 1602.1 Definitions to govern. The Selective Service Office which is 1602.2 Administrative classification. responsible for all administrative and 1602.3 Aliens and nationals. operational support for the one or more 1602.4 Area office. local boards within its jurisdiction. 1602.5 Area office staff. 1602.6 Board. § 1602.5 Area office staff. 1602.7 Classification. 1602.8 Classifying authority. The compensated employees, civilian 1602.9 Computation of time. and military, of the Selective Service 1602.10 County. System employed in an area office will 1602.11 District appeal board. be referred to as the area office staff. 1602.12 Governor. 1602.13 Judgmental Classification. § 1602.6 Board. 1602.14 Local board. 1602.15 Local board of jurisdiction. The word board when used alone, un- 1602.16 MEPS. less the context otherwise indicates, 1602.17 Military service. includes a local board, district appeal 1602.18 National Appeal Board. board, and the National Appeal Board 1602.19 Numbers. and panels thereof. 1602.20 Registrant. 1602.21 Selective Service Law. § 1602.7 Classification. 1602.22 Singular and plural. 1602.23 State. Classification is the exercise of the 1602.24 Claim. power to determine claims or questions 1602.25 Director. with respect to inclusion for or exemption or deferment from training and AUTHORITY: Military Selective Service Act, 50 U.S.C. App. 451 et seq.; E.O. 11623. service under Selective Service Law.

SOURCE: 42 FR 4643, Feb. 1, 1982, unless oth- § 1602.8 Classifying authority. erwise noted. The term classifying authority refers § 1602.1 Definitions to govern. to any official or board who is author- The definitions contained in section ized in § 1633.1 to classify a registrant.

16 of the Military Selective Service § 1602.9 Computation of time. Act, and the definitions contained in this part shall govern in the interpre- Unless otherwise specified the period tation of the regulations of this chap- of days allowed a registrant or other ter. person to perform any act or duty required of him shall be counted as be- § 1602.2 Administrative classification. ginning on the day following that on A reclassification action relating to a which the notice is issued. registrant’s claim for Class 1-C, 1-D-D, 1-D-E, 1-H, 1-O-S, 1-W, 3-A-S, 4-A-A, 4- § 1602.10 County. A, 4-B, 4-C, 4-F, 4-G, 4-T, or 4-W. These The word county includes, where ap- classes shall be identified as adminis- plicable, counties, independent cities, trative classes. and similar subdivisions, such as the [52 FR 24454, July 1, 1987] independent cities of Virginia and the parishes of Louisiana. § 1602.3 Aliens and nationals. § 1602.11 District appeal board. (a) The term alien means any person who is not a citizen or national of the A district appeal board or a panel United States. thereof of the Selective Service System (b) The term national of the United is a group of not less than three civil- States means: ian members appointed by the Presi- (1) A citizen of the United States, or dent to act on cases of registrants in

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§ 1602.12 32 CFR Ch. XVI (7–1–11 Edition) accordance with the provisions of parts dent to act on cases of registrants in 1651 and 1656 of this chapter. accord with the provisions of part 1653 [69 FR 20543, Apr. 16, 2004] of this chapter. [52 FR 24454, July 1, 1987] § 1602.12 Governor. The word Governor includes, where § 1602.19 Numbers. applicable, the Governor of each of the Cardinal numbers may be expressed States of the United States, the Mayor by Arabic or Roman symbols. of the District of Columbia, the Gov- ernor of Puerto Rico, the Governor of § 1602.20 Registrant. the Virgin Islands, and the Governor of A registrant is a person registered Guam. under the Selective Service Law.

§ 1602.13 Judgmental Classification. § 1602.21 Selective Service Law. A classification action relating to a The term Selective Service Law in- registrant’s claim for Class 1-A-O, 1-O, cludes the Military Selective Service 2-D, 3-A, or 4-D. Act, all rules and regulations issued thereunder, and Proclamations of the § 1602.14 Local board. President pertaining to registration A local board or a panel thereof of under that Act. the Selective Service System is a group of not less than three civilian § 1602.22 Singular and plural. members appointed by the President Words importing the singular number after nomination by a Governor to act shall include the plural number, and on cases of registrants in accord with words importing the plural number the provisions of part 1648 of this chap- shall include the singular, except ter. where the context clearly indicates otherwise. [52 FR 24454, July 1, 1987]

§ 1602.23 State. § 1602.15 Local board of jurisdiction. The word State includes, where appli- The local board of jurisdiction is the cable, the several States of the United local board to which a registrant is as- States, the City of New York, the Dis- signed and which has authority, in ac- trict of Columbia, Puerto Rico, the cord with the provisions of this chap- Virgin Islands, and Guam. ter, to determine his claim or to issue to him an order. His local board and reg- § 1602.24 Claim. istrant’s local board refer to the local board of jurisdiction. A claim is a request for postponement of induction or classification into a [52 FR 24454, July 1, 1987] class other than 1–A.

§ 1602.16 MEPS. [52 FR 24454, July 1, 1987]

A Military Entrance Processing Sta- § 1602.25 Director. tion is a military installation to which Director is the Director of Selective registrants are ordered to report for ex- Service. amination or induction. [52 FR 24454, July 1, 1987] § 1602.17 Military service. The term military service includes PART 1605—SELECTIVE SERVICE service in the Army, the Navy, the Air SYSTEM ORGANIZATION Force, the Marine Corps, and the Coast Guard. NATIONAL ADMINISTRATION

§ 1602.18 National Appeal Board. Sec. 1605.1 Director of Selective Service. The National Appeal Board or a panel 1605.6 National Appeal Board. thereof of the Selective Service System is a group of not less than three civil- REGION ADMINISTRATION ian members appointed by the Presi- 1605.7 Region Manager.

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Selective Service System § 1605.6

1605.8 Staff of Region Headquarters for Se- essary for carrying out the functions of lective Service. the Selective Service System.

STATE ADMINISTRATION (c) To obligate and authorize expend- itures from funds appropriated for car- 1605.11 Governor. rying out the functions of the Selective 1605.12 State Director of Selective Service. 1605.13 Staff of State Headquarters for Se- Service System. lective Service. (d) To appoint and to fix, in accord- 1605.14 State Director of Selective Service ance with provisions of chapter 51 and for New York City. subchapter III of chapter 53 of title 5 U.S.C., relating to classification and DISTRICT APPEAL BOARDS General Schedule pay rates, the com- 1605.21 Area. pensation of such officers, agents, and 1605.22 Composition and appointment of dis- employees as shall be necessary for trict appeal boards. carrying out the functions of the Selec- 1605.23 Designation. tive Service System. 1605.24 Jurisdiction. 1605.25 Disqualification. (e) To procure such space as he may 1605.26 Organization and meetings. deem necessary for carrying out the 1605.27 Minutes of meetings. functions of the Selective Service Sys- 1605.28 Signing official papers. tem by lease pursuant to existing statutes. LOCAL BOARDS (f) To obtain by purchase, loan, or 1605.51 Area. gift such equipment, supplies, printing, 1605.52 Composition of local boards. binding, and blankbook work for the 1605.53 Designation. Selective Service System as he may 1605.54 Jurisdiction. deem necessary to carry out the func- 1605.55 Disqualification. 1605.56 Organization and meetings. tions of the Selective Service System. 1605.58 Minutes of meetings. (g) To perform such other duties as 1605.59 Signing official papers. shall be required of him under the Se- lective Service Law or which may be AREA OFFICE ADMINISTRATION delegated to him by the President. 1605.60 Area. (h) To delegate any of his authority 1605.61 Staff of area offices for selective to such officers, agents, or persons as service. he may designate and to provide for the subdelegation of any such author- INTERPRETERS ity. 1605.81 Interpreters. AUTHORITY: Military Selective Service Act, § 1605.6 National Appeal Board. 50 U.S.C. App. 451 et seq.; E.O. 11623. (a) There is hereby created and estab- SOURCE: 47 FR 4644, Feb. 1, 1982, unless oth- lished within the Selective Service erwise noted. System a civilian agency of appeal which shall be known as the National NATIONAL ADMINISTRATION Appeal Board. The President shall appoint not less than three members to § 1605.1 Director of Selective Service. the National Appeal Board, and he The Director of Selective Service shall designate one member as chair- shall be responsible directly to the man. President. The Director of Selective (b) The President shall appoint mem- Service is hereby authorized and di- bers of the National Appeal Board from rected: among citizens of the United States (a) To prescribe such rules and regu- who: lations as he shall deem necessary for (1) Are not active or retired members the administration of the Selective of the Armed Forces or any reserve Service System, the conduct of its offi- component thereof; cers and employees, the distribution (2) Have not served as a member of and performance of its business, and the National Appeal Board for a period the custody, use, and preservation of of more than five years; its records, papers, and property. (3) Are at least 18 years of age; (b) To issue such public notices, or- (4) Are able to devote sufficient time ders, and instructions, as shall be nec- to duties of the Board; and

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§ 1605.7 32 CFR Ch. XVI (7–1–11 Edition)

(5) Are willing to fairly and uni- diem in lieu of subsistence in accord- formly apply Selective Service Law. ance with rates established by Federal (c)(1) A majority of the members of Travel Regulations. the board shall constitute a quorum for (g) The Director shall pay the ex- the transaction of business, and a ma- penses of the members of the National jority of the members present at any Appeal Board in accord with applicable meeting at which a quorum is present, Federal Travel Regulations and shall shall decide any question. furnish that Board and its panels nec- (2) The National Appeal Board may essary personnel, suitable office space, sit en banc, or upon the request of the necessary facilities and services. Director or as determined by the chair- [52 FR 8890, Mar. 20, 1987] man of the National Appeal Board, in panels, each panel to consist of at least REGION ADMINISTRATION three members. The Chairman of the National Appeal Board shall designate § 1605.7 Region Manager. the members of each panel and he shall (a) Subject to the direction and con- designate one member of each panel as trol of the Director of Selective Serv- chairman. A majority of the members ice, the Region Manager of Selective of a panel shall constitute a quorum Service for each region shall be in im- for the transaction of business, and a mediate charge of the Region Head- majority of the members present at quarters and shall be responsible for any meeting at which a quorum is carrying out the region functions of present, shall decide any question. the Selective Service System in the Each panel of the National Appeal various States assigned to the region. Board shall have full authority to act (b) The Region Manager will perform on all cases assigned to it. such duties as are prescribed by the Di- (3) The National Appeal Board or a rector of Selective Service. panel thereof shall hold meetings in Washington, DC, and upon request of § 1605.8 Staff of Region Headquarters the Director or as determined by the for Selective Service. Chairman of the National Appeal (a) Subject to applicable law, and Board, at any other place. within the limits of available funds, (d) The National Appeal Board or the staff of each region for Selective panel thereof shall classify each reg- Service shall consist of as many offi- istrant whose classification has been cers, either military or civilian, as appealed to the President under part shall be authorized by the Director of 1653 of this chapter. Selective Service. (e) No member of the National Ap- (b) In accordance with limitations peal Board shall act on the case of a imposed by the Director of Selective registrant who is the member’s first Service, the Region Manager is author- cousin or closer relation either by ized to appoint such civilian personnel blood, marriage, or adoption, or who is as he considers are required in the op- the member’s employer, employee or eration of the Region Headquarters. fellow employee or stands in the relationship of superior or subordinate of STATE ADMINISTRATION the member in connection with any employment, or is a partner or close § 1605.11 Governor. business associate of the member, or is The Governor is authorized to rec- a fellow member or employee of the ommend a person to be appointed by National Appeal Board. A member of the President as State Director of Se- the National Appeal Board must dis- lective Service for his State, who shall qualify himself in any matter in which represent the Governor in all Selective we would be restricted for any reason Service matters. in making an impartial decision. (f) Each member of the National Ap- § 1605.12 State Director of Selective peal Board while on the business of the Service. National Appeal Board away from his (a) The State Director of Selective home or regular place of business shall Service for each State, subject to the receive actual travel expenses and per direction and control of the Director of

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Selective Service System § 1605.24

Selective Service, shall be in imme- DISTRICT APPEAL BOARDS diate charge of the State Headquarters for Selective Service in his State. The § 1605.21 Area. State Headquarters for Selective Serv- The Director of Selective Service ice shall be an office of record for Se- shall establish one or more district ap- lective Service operations only, and no peal boards in each of the Federal Judi- records other than Selective Service cial Districts in the several states of records shall be maintained in such of- the United States, the District of Co- fice. lumbia, Guam, Puerto Rico, and the (b) The State Director of Selective Virgin Islands. The Director of Selec- Service will perform such duties as are tive Service may establish panels of prescribed by the Director of Selective appeal boards. Service. § 1605.22 Composition and appoint- § 1605.13 Staff of State Headquarters ment of district appeal boards. for Selective Service. The Director of Selective Service will (a) Subject to applicable law and prescribe the number of members for within the limits of available funds, the district appeal boards. The Presi- the staff of each State Headquarters dent shall appoint members of district for Selective Service shall consist of as appeal boards from among citizens of many officers, either military or civil- the United States who are residents of ian, as shall be authorized by the Di- the area for which the respective rector of Selective Service. boards have jurisdiction. The Director (b) In accordance with limitations of Selective Service shall furnish nec- imposed by the Director of Selective essary personnel, suitable office space, Service, the State Director of Selective facilities and services to support each Service is authorized to appoint such district appeal board. civilian personnel as he considers are required in the operation of the State § 1605.23 Designation. Headquarters for Selective Service. The Director of Selective Service § 1605.14 State Director of Selective shall assign each district appeal board Service for New York City. within a Federal Judicial District a The Governor of the State of New specific identification by which it shall York is authorized to recommend a be known. If a district appeal board person to be appointed by the Presi- consists of more than one panel, each dent as State Director of Selective panel shall have a specific identifying Service for New York City, who shall number. Such numbers shall be as- represent the Governor in all Selective signed in numerical sequence begin- Service matters within the City of New ning with numeral 1.

York. Subject to the direction and con- § 1605.24 Jurisdiction. trol of the Director of Selective Serv- ice, the State Director of Selective (a) The district appeal board shall Service for New York City shall be in have jurisdiction to review and to af- immediate charge of the State Head- firm or change any local board decision quarters for Selective Service for New appealed to it when: York City and shall perform such du- (1) An appeal is submitted by a reg- ties as are prescribed by the Director of istrant from a local board in its area; Selective Service. The State Director or of Selective Service for the State of (2) An appeal is submitted to it from New York shall have no jurisdiction in a local board not in the appeal board Selective Service matters within the area by a registrant whose principal City of New York. The State head- place of employment or residence is lo- quarters of Selective Service for New cated within the jurisdiction of the ap- York City shall be an office of record peal board; or for Selective Service operations only, (3) An appeal is submitted or trans- and no records other than Selective ferred to it by the Director of Selective Service records shall be maintained in Service to assure the fair and equitable such office. administration of the Law.

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§ 1605.25 32 CFR Ch. XVI (7–1–11 Edition)

(b) The district appeal board shall hamper the work of the board, the have jurisdiction to review and to af- chairman, a member of the board or firm or change any Alternative Service panel concerned, or an area office em- Office Manager decision appealed to it ployee shall report that fact to the Di- by an Alternative Service Worker pur- rector of Selective Service and such ac- suant to part 1656 of this chapter. tion as appropriate shall be taken. If, [47 FR 4644, Feb. 1, 1982, as amended at 69 FR through death, resignation, or other 20543, Apr. 16, 2004] causes, the membership of the board falls below the prescribed number of § 1605.25 Disqualification. members, the board or panel shall con- (a) No member of a district appeal tinue to function, provided a quorum of board shall act on the case of a reg- the prescribed membership is present at each official meeting. istrant who is the member’s first cousin or closer relation, either by blood, § 1605.27 Minutes of meetings. marriage, or adoption, or who is the member’s employer, employee, or fel- A Selective Service compensated em- low employee, or stands in the rela- ployee will keep the minutes of each tionship of superior or subordinate of appeal board meeting. In the absence of the member in connection with any a compensated employee the minutes employment, or is a partner or close will be kept by an appeal board mem- business associate of the member, or is ber. a fellow member or employee of the § 1605.28 Signing official papers. board. (b) A member of a district appeal Official documents issued and min- board must disqualify himself in any utes of meetings maintained by a dis- matter in which he would be restricted trict appeal board may be signed by for any reason in making an impartial any member of the board, or by any decision. compensated employee of the Selective (c) Whenever a quorum of the district Service System authorized to perform appeal board or a panel thereof cannot administrative duties for the board, exact on the case of a registrant that it cept when otherwise prescribed by the has been assigned, and there is no Director of Selective Service. other panel of the district appeal board LOCAL BOARDS to which the case may be transferred, the district appeal board shall transmit § 1605.51 Area. such case to the director of Selective Service for transfer to another district (a) The Director of Selective Service appeal board. shall divide each State into local board areas and establish local boards. There § 1605.26 Organization and meetings. shall be at least one local board in each Each district appeal board, or panel county except where the Director of thereof, shall elect a chairman and a Selective Service establishes an inter- vice-chairman at least every two years. county board. When more than one A majority of the members of the local board is established within the board when present at any meeting same geographical jurisdiction, reg- shall constitute a quorum for the istrants residing in that area will be transaction of business. A majority of assigned among the boards as pre- the members present at any meeting at scribed by the Director of Selective which a quorum is present shall decide Service. The Director of Selective any question. Every member, unless Service may establish panels of local disqualified, shall vote on every ques- boards. tion or classification. In case of a tie (b) [Reserved] vote on a question or classification, the [47 FR 4644, Feb. 1, 1982, as amended at 52 FR board shall postpone action until the 24454, July 1, 1987] next meeting. If the question or classification remains unresolved at the next § 1605.52 Composition of local boards. meeting, the file will be transferred for The Director of Selective Service classification in accord with § 1605.25(c). shall prescribe the number of members If any member is absent so long as to of local boards.

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Selective Service System § 1605.60

§ 1605.53 Designation. ship of the board shall constitute a quorum for the transaction of business. The Director of Selective Service shall assign each local board within a A majority of the members present at State a specific identifying number by any meeting at which a quorum is which it shall be known. Such identi- present shall decide any question or fying numbers shall be assigned in nu- classification. Every member present, merical sequence beginning with the unless disqualified, shall vote on every numeral 1. question or classification. In case of a tie vote on any question or classifica- § 1605.54 Jurisdiction. tion, the board shall postpone action The local board shall have full au- on the question or classification until thority to perform all acts within its it can be decided by a majority vote at jurisdiction authorized by law, to in- the next meeting. If the question or clude the acting on any claim pre- classification remains unresolved at sented to it when: the next meeting, the file will be trans- (a) The claim is submitted by a reg- ferred for classification in accord with istrant who is assigned to it; or § 1605.55(c). If any member is absent so (b) The claim is transferred to it long as to hamper the work of the from another board in the manner pro- board, the chairman, a member of the vided in these regulations; or board, or a Selective Service com- (c) The claim is submitted or pensated employee shall report that tranferred to it by the Director of Se- fact to the Director of Selective Serv- lective Service to assure the fair and ice and appropriate action shall be equitable administration of the Law. taken. If through death, resignation, or other cause, the membership of a board § 1605.55 Disqualification. falls below the prescribed number, it (a) No member of a local board shall shall continue to function provided a act on the case of a registrant who is quorum of the prescribed membership the member’s first cousin or closer re- is present at each official meeting. lation, either by blood, marriage, or adoption, or who is the member’s em- § 1605.58 Minutes of meetings. ployer, employee, or fellow employee, A compensated employee of the ap- or stands in the relationship of supe- propriate area office will keep the min- rior or subordinate of the member in utes of each meeting of a local board. connection with any employment, or is In the absence of a compensated em- a partner or close business associate of ployee the minutes will be kept by a the member, or a fellow member or em- board member. ployee of the area office. (b) A member of the local board must § 1605.59 Signing official papers. disqualify himself in any matter in which he would be restricted, for any Official papers issued by a local reason, in making an impartial deci- board may be signed by any member of sion. the board or compensated employee of (c) Whenever a quorum of a local the area office, or any compensated board cannot act on the case of a reg- employee of the Selective Service Sys- istrant, the area office supervisor shall tem whose official duties require him cause such case to be transferred to an- to perform administrative duties at the other board within the area office. In area office except when otherwise pre- those instances where only one board scribed by the Director of Selective exists in an area office, the case should Service. be transmitted to the nearest area office for transfer to a board under its ju- AREA OFFICE ADMINISTRATION risdiction. § 1605.60 Area. § 1605.56 Organization and meetings. (a) The Director of Selective Service Each local board shall elect a chair- shall prescribe the number of area of- man and vice-chairman at least every fices to be established and shall define two years. A majority of the member- the boundaries thereof.

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§ 1605.61 32 CFR Ch. XVI (7–1–11 Edition)

(b) The area office shall be an office Law shall be uncompensated. No per- of record and responsible for all admin- son serving without compensation istrative and operational support of the shall accept remuneration from any one or more local boards within its ju- source for services rendered in connec- risdiction. tion with Selective Service matters.

§ 1605.61 Staff of area offices for selec- [52 FR 24454, July 1, 1987, as amended at 69 FR 20544, Apr. 16, 2004] tive service. Subject to applicable law and within § 1609.2 Citizenship. the limits of available funds, the staff No person shall be appointed to any of each area office shall consist of as uncompensated position in the Selec- many compensated employees, either tive Service System who is not a cit- military or civilian, as shall be author- izen of the United States. ized by the Director of Selective Serv- ice. § 1609.3 Eligibility.

(a) The President, upon the rec- INTERPRETERS ommendation of the respective Gov- § 1605.81 Interpreters. ernors, will consider for appointment as a member of a local board, any per- (a) The local board, district appeal son who: board and the National Selective Serv- (1) Is within the age limits prescribed ice Appeal Board are authorized to use by the Military Selective Service Act; interpreters when necessary. and (b) The following oath shall be ad- (2) Is a citizen of the United States; ministered by a member of the board or and a compensated employee of the System (3) Is a resident of the county in to an interpreter each time he or she which the local board has jurisdiction; interprets: and Do you swear (or affirm) that you will (4) Is not an active or retired member truly interpret in the matter now in hear- of the Armed Forces or any reserve ing? component thereof; and (c) Any interpreter who fails to re- (5) Has not served as a member of a spond in the affirmative shall not be Selective Service board for a period of permitted to function in this capacity. more than 20 years; and (6) Is able to perform such duties as [47 FR 4644, Feb. 1, 1982, as amended at 52 FR necessary during standby status; and 24454, July 1, 1987] (7) Is able to devote sufficient time to board affairs; and PART 1609—UNCOMPENSATED (8) Is willing to fairly and uniformly PERSONNEL apply Selective Service Law. (b) The President, upon the rec- Sec. ommendation of the Director of Selec- 1609.1 Uncompensated positions. tive Service, will consider for appoint- 1609.2 Citizenship. ment as a member of a district appeal 1609.3 Eligibility. board any person who: 1609.4 Oath of office. (1) Is within the age limits prescribed 1609.5 Suspension. by the Military Selective Service Act; 1609.6 Removal. 1609.7 Use of information. and (2) Is a citizen of the United States; AUTHORITY: Military Selective Service Act, and 50 U.S.C. App. 451 et seq; E.O. 11623. (3) Is a resident of the Federal Judi- SOURCE: 47 FR 4647, Feb. 1, 1982, unless oth- cial District in which the district ap- erwise noted. peal board has jurisdiction; and (4) Is not an active or retired member § 1609.1 Uncompensated positions. of the Armed Forces or any reserve Members of local boards, district ap- component thereof; and peal boards, and all other persons vol- (5) Has not served as a member of a unteering their services to assist in the Selective Service board for a period of administration of the Selective Service more than 20 years; and

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Selective Service System § 1615.1

(6) Is able to perform such duties as 1615.4 Duty of persons required to re gister. n ecessary during standby status; and 1615.5 Persons not to be registere d. (7) Is able to devote sufficient time to 1615.6 Selective service number. t he district appeal board affairs; and 1615.7 Evidence of registration. (8) Is willing to fairly and uniformly 1615.8 Cancellation of registration. a pply Selective Service Law. 1615.9 Registration card or form.

AUTHORITY: Military Selective Service Act, § 1609.4 Oath of office. 50 U.S.C. App. 451 et seq.; E.O. 11623, 36 FR Every person who undertakes to 19963, 3 CFR, 1971–1975 Comp., p. 614, as render voluntary uncompensated serv- amended by E.O. 12608, 52 FR 34617, 3 CFR, ice in the administration of the Selec- 1987 Comp., p. 245. tive Service Law shall execute an Oath SOURCE: 45 FR 48130, July 18, 1980, unless of Office and Waiver of Pay before he otherwise noted. enters upon his duties. § 1615.1 Registration. § 1609.5 Suspension. (a) Registration under selective serv- The Director of Selective Service ice law consists of: may suspend from duty any uncompensated person engaged in the adminis- (1) Completing a registration card or tration of the Selective Service Law other method of registration prescribed pending his consideration of the advis- by the Director of Selective Service by ability of removing such person. a person required to register; and (2) The recording of the registration § 1609.6 Removal. information furnished by the reg- (a) The Director of Selective Service istrant in the records (master com- may remove any uncompensated per- puter file) of the Selective Service Sys- son engaged in the administration of tem. Registration is completed when the Selective Service Law. both of these actions have been accom- (b) The Governor may recommend to plished. the Director of Selective Service the (b) The Director of Selective Service removal, for cause, of the State Direc- will furnish to each registrant a tor or any uncompensated person en- verification notice that includes a copy gaged in the administration of the Se- of the information pertaining to his lective Service Law in his State. The registration that has been recorded in Director of Selective Service shall the records of the Selective Service make such investigation of the Gov- System together with a correction ernor’s recommendation as he deems form. If the information is correct, the necessary, and upon completion of his registrant should take no action. If the investigation, he shall take such action information is incorrect, the registrant as he deems proper. should forthwith furnish the correct in- § 1609.7 Use of information. formation to the Director of Selective Any information or records obtained Service. If the registrant does not re- by compensated or uncompensated per- ceive the verification notice within 90 sonnel during the performance of their days after he completed a method of official duties, including proceedings registration prescribed by the Director, before the boards, shall be restricted to he shall advise in writing the Selective official use by the personnel of the Se- Service System, P.O. Box 94638, Pala- lective Service System except as spe- tine, IL 60094–4638. cifically authorized by law. (c) The methods of registration prescribed by the Director include com- PART 1615—ADMINISTRATION OF pleting a Selective Service Registra- REGISTRATION tion Card at a classified Post Office, registration on the Selective Service Sec. Internet web site (http://www.sss.gov), 1615.1 Registration. telephonic registration, registration on 1615.2 Responsibility of Director of Selec- approved Federal and State Govern- tive Service in registration. ment forms, registration through high 1615.3 Registration procedures.

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§ 1615.2 32 CFR Ch. XVI (7–1–11 Edition) school and college registrars, and Se- § 1615.5 Persons not to be registered. lective Service remainder mailback No person who is not required by se- card. lective service law or the Proclamation [45 FR 48130, July 18, 1980, as amended at 65 of the President to register shall be FR 47670, Aug. 3, 2000; 65 FR 60101, Oct. 10, registered. 2000] § 1615.6 Selective service number. § 1615.2 Responsibility of Director of Selective Service in registration. Every registrant shall be given a selective service number. The Social Se- Whenever the President by proclama- curity Account Number will not be tion or other public notice fixes a day used for this purpose. or days for registration, the Director of Selective Service shall take the nec- § 1615.7 Evidence of registration. essary steps to prepare for registration The Director of Selective Service and, on the day or days fixed, shall su- Shall issue to each registrant written pervise the registration of those per- evidence of his registration. The Direc- sons required to present themselves for tor of Selective Service will replace and submit to registration. The Direc- that evidence upon written request of tor of Selective Service shall also ar- the registrant, but such request will range for and supervise the registra- not be granted more often than once in tion of those persons who present any period of six months. themselves for registration at times other than on the day or days fixed for § 1615.8 Cancellation of registration. any registration. The Director of Selective Service may cancel the registration of any par- § 1615.3 Registration procedures. ticular registrant or of a registrant Persons required by selective service who comes within a specified group of law and the Proclamation of the Presi- registrants. dent to register shall be registered in accord with procedures prescribed by § 1615.9 Registration card or form. the Director of Selective Service. For the purposes of these regulations, the terms Registration Card and § 1615.4 Duty of persons required to Registration Form are synonomous. register. A person required by selective service PART 1618—NOTICE TO law to register has the duty: REGISTRANTS (a) To complete the registration process by a method prescribed by the Sec. Director of Selective Service and to 1618.1 Abandonment of rights or privileges. record thereon his name, date of birth, 1618.2 Filing of documents. sex, Social Security Account Number 1618.4 Transmission of orders and other offi- (SSAN), current mailing address, per- cial papers to registrants. manent residence, telephone number, AUTHORITY: Military Selective Service Act, date signed, and signature, if re- 50 U.S.C. App. 451 et seq.; E.O. 11623. quested; and SOURCE: 47 FR 4648, Feb. 1, 1982, unless oth- (b) To submit for inspection, upon re- erwise noted. quest, evidence of his identity to a person authorized to accept the registra- § 1618.1 Abandonment of rights or tion information. Evidence of identity privileges. may be a birth certificate, motor vehi- If a registrant fails to claim and ex- cle operator’s license, student’s identi- ercise any right or privilege within the fication card, United States Passport, required time, he shall be deemed to or a similar document. have abandoned the right or privilege unless the Director of Selective Serv- [45 FR 48130, July 18, 1980, as amended at 65 FR 60101, Oct. 10, 2000] ice, for good cause, waives the time limit.

312

Selective Service System § 1621.3

§ 1618.2 Filing of documents. facts or circumstances relating to the A document other than a registration postponement, deferment or exemp- card received by an element of the Se- tion; and lective Service System will be consid- (d) Who has a postponement of exam- ered to have been filed on the date that ination, to notify the System imme- it is received: Provided, That a docu- diately of any changes in facts or cir- ment that is received which was trans- cumstances relating to the postpone- mitted by the United States Postal ment.

Service (USPS) and was enclosed in a [52 FR 24454, July 1, 1987] cover that bears a legible USPS post- mark date will be deemed to have been § 1621.2 Duty to report for and submit received on that date. to induction.

§ 1618.4 Transmission of orders and When the Director of Selective Serv- other official papers to registrants. ice orders a registrant for induction, it Personnel of the Selective Service shall be the duty of the registrant to System will transmit orders or other report for and submit to induction at official papers addressed to a registrant the time and place ordered unless the by handing them to him personally or order has been canceled. If the time mailing them to him to the current when the registrant is ordered to re- mailing address last reported by him in port for induction is postponed, it shall writing to the Selective Service Sys- be the continuing duty of the reg- tem. istrant to report for and submit to induction at such time and place as he PART 1621—DUTY OF REGISTRANTS may be reordered. Regardless of the time when or the circumstances under Sec. which a registrant fails to report for 1621.1 Reporting by registrants of their cur- induction when it is his duty to do so, rent status. it shall thereafter be his continuing 1621.2 Duty to report for and submit to in- duty from day to day to report for and duction. submit to induction at the place speci- 1621.3 Duty to report for and submit to ex- fied in the order to report for induc- amination. tion. AUTHORITY: Military Selective Service Act, 50 U.S.C. App. 451 et seq.; E.O. 11623. [47 FR 4648, Feb. 1, 1982]

§ 1621.1 Reporting by registrants of § 1621.3 Duty to report for and submit their current status. to examination. Until otherwise notified by the Direc- When the Director orders a reg- tor of Selective Service, it is the duty istrant for examination, it shall be the of every registrant who registered after duty of the registrant to report for and July 1, 1980: submit to examination at the time and (a) To notify the System within 10 place ordered unless the order has been days of any change in the following canceled. If the time when the reg- items of information that he provided istrant is ordered to report for exam- on his registration form: name, current ination is postponed, it shall be the mailing address and permanent resi- continuing duty of the registrant to re- dence address; and port for and submit to examination at (b) To submit to the classifying au- such time and place as he may be reor- thority, all information concerning his dered. Regardless of the time when, or status within 10 days after the date on the circumstances under which a reg- which the classifying authority mails istrant fails to report for examination him a request therefor, or within such when it is his duty to do so, it shall longer period as may be fixed by the thereafter be his continuing duty from classifying authority; and day to day to report for and submit to (c) Who has a postponement of induc- examination at the place specified in tion, or has been deferred or exempted the order to report for examination. from training and service, to notify the System immediately of any changes in [52 FR 8890, Mar. 20, 1987]

313

Pt. 1624 32 CFR Ch. XVI (7–1–11 Edition)

PART 1624—INDUCTIONS registration records are in the master computer file at the beginning of any Sec. day on which orders are issued. Orders 1624.1 Random selection procedures for in- shall be issued in such numbers and at duction. such times as will assure that such call 1624.2 Issuance of induction orders. or requisition is filled. The names con- 1624.3 Age selection groups. tained in the Selective Service System 1624.4 Selection and/or rescheduling of reg- data base on a given day will con- istrants for induction. 1624.5 Order to report for induction. stitute the valid list of registrants 1624.6 Postponement of induction. from which induction orders can be 1624.7 Expiration of deferment or exemp- issued on that day. tion. 1624.8 Transfer for induction. § 1624.3 Age selection groups. 1624.9 Induction into the Armed Forces. 1624.10 Order to report for examination. Age selection groups are established as follows: AUTHORITY: Military Selective Service Act, (a) The age 20 selection group for 50 U.S.C. App. 451 et seq.: E.O. 11623. each calendar year consists of reg- SOURCE: 47 FR 4648, Feb. 1, 1982, unless oth- istrants who have attained or will at- erwise noted. tain the age of 20 in that year.

§ 1624.1 Random selection procedures (b) The age 21 selection group for for induction. each calendar year consists of registrants who have attained or will at- (a) The Director of Selective Service tain the age of 21 in that year and, in shall from time to time establish a ran- like manner, each age selection group dom selection sequence for induction will be so designated through age group by a drawing to be conducted in the 25. place and on a date the Director shall (c) The age 26 through 34 selection fix. The random selection method shall groups consist of registrants who meet use 365 days, or when appropriate, 366 the following three criteria: days to represent the birthdays (month (1) They have attained or will attain and day only) of all registrants who, the age of 26 through 34, respectively, during the specified calendar year(s) during the calendar year; and attain their 18th year of birth. The drawing, commencing with the first (2) They have been previously ordered day selected, and continuing until all to report for induction but have not 365 days or, when appropriate 366 days been inducted; and are drawn, shall be accomplished im- (3) They have been classified in one partially. The random sequence num- of the following classes: ber thus determined for any registrant (i) Class 1-D-D. shall apply to him so long as he re- (ii) Class 2-D. mains subject to induction for military (iii) Class 3-A. training and service by random selec- (iv) Class 4-B. tion. (v) Class 4-F. (b) The date of birth of the registrant (d) The age 19 selection group for that appears on his Selective Service each calendar year consists of reg- Registration Record on the day before istrants who have attained the age of the lottery is conducted to establish 19 in that year. his random selection sequence will be (e) The age 18 selection group shall conclusive as to his date of birth in all consist of registrants who have at- matters pertaining to his relations tained the age of 18 years and six with the Selective Service System. months and who have not attained the age of 19 years in the order of their § 1624.2 Issuance of induction orders. dates of birth with the oldest being se- The Director of Selective Service, lected first. upon receipt of a call from the Sec- retary of Defense for persons to be in- § 1624.4 Selection and/or rescheduling ducted into the Armed Forces in accord of registrants for induction. with § 1624.4, shall issue orders to re- A registrant in Class 1–A or a reg- port for induction to registrants whose istrant subsequently classified 1–A–0

314

Selective Service System § 1624.6 shall be selected and ordered or re- dress most recently provided by the scheduled to report for induction in the registrant to the Selective Service Sys- following categories and in the order tem. The date specified to report for in- indicated: Provided, That a registrant duction shall be at least 10 days after who has been identified in accord with the date on which the Order to Report the procedures prescribed by the Direc- for Induction is issued. The filing of a tor of Selective Service as one who will claim for reclassification in accord become a member of one of the fol- with § 1633.2 of this chapter delays the lowing categories on the next January date the registrant is required to re- 1, may, prior to January 1, be selected port for induction until not earlier and ordered to report for induction on than the tenth day after the claim is a date after January 1 as a member of determined to have been abandoned or such category. is finally determined is finally deter- (a) Volunteers for induction in the mined in accord with the provisions of order in which they volunteered. this chapter. A claim is finally deter- (b) Registrants whose postponements mined when the registrant does not have expired in the order of expiration. have the right to appeal the last classi- (c) Registrants who previously have fication action with respect to the been ordered to report for induction claim or he fails to exercise his right to and whose exemptions or deferments appeal. have expired, in the order of their ran- (b) Any person who has been ordered dom sequence number (RSN) estab- for induction who is distant from the lished by random selection procedures address to which the order was sent in accord with § 1624.1 must either report at the time and (d) Registrants in the age 20 selection place specified in the order, or volun- group for the current calendar year in tarily submit himself for induction the order of their random sequence processing at another MEPS on or be- number (RSN) established by random fore the day that he was required to re- selection procedures in accord with port in accordance with his induction § 1624.1. order. (e) Registrants in each succeeding (c) The Director of Selective Service age selection group commencing with may direct the cancellation of any age 21 selection group and terminating Order to Report for Induction at any with the age 34 selection group, in time. turn, within the group, in the order of (d) Any Order to Report for Induction their random sequence number (RSN) issued by the Director of Selective established by random selection proce- Service to a registrant who is an alien, dures in accord with § 1624.1. who has not resided in the United (f) Registrants in the age 19 selection States for one year will be void. Such group for the current calendar year in order will be deemed only to be an the order of their random sequence order to produce evidence of his status. number (RSN) established by random When an alien registrant has been selection procedures in accord with within the United States for two or § 1624.1. more periods (including periods before (g) Registrants in the age 18 year and his registration) and the total of such six months selection group and who periods equals one year, he shall be have not attained the age of 19 in the deemed to have resided in the United order of their date of birth with the States for one year. In computing the oldest being selected first. length of such periods, any portion of [47 FR 4648, Feb. 1, 1982, as amended at 52 FR one day shall be counted as a day. 24455, July 1, 1987] Upon establishing a one year residency, the alien registrant will be assigned to § 1624.5 Order to report for induction. the age selection group corresponding (a) Immediately upon determining to his age. which persons are to be ordered for in- [47 FR 4648, Feb. 1, 1982, as amended at 52 FR duction, the Director of Selective Serv- 24455, July 1, 1987] ice shall issue to each person selected an Order to Report for Induction. The § 1624.6 Postponement of induction. order will be sent to the current ad- (a) [Reserved]

315

§ 1624.6 32 CFR Ch. XVI (7–1–11 Edition)

(b) In the case of the death of a mem- (d) The Director of Selective Service ber of the registrant’s immediate fam- may authorize a delay of induction for ily, extreme emergency involving a any registrant whose date of induction member of the registrant’s immediate conflicts with a religious holiday his- family, serious illness or injury of the torically observed by a recognized registrant, or other emergency beyond church, religious sect or religious orga- the registrant’s control, the Director, nization of which he is a member. Any after the Order to Report for Induction registrant so delayed shall report for has been issued, may postpone for a induction on the next business day fol- specific time the date when such reg- lowing the religious holiday. istrant shall be required to report. The (e) [Reserved] period of postponement shall not ex- (f) The Director of Selective Service ceed 60 days from the date of the induc- may authorize a postponement of in- tion order. When necessary, the Direc- duction to a registrant when: tor may grant one further postpone- (1) The registrant qualifies and is ment, but the total postponement shall scheduled for a State or National ex- not exceed 90 days from the reporting amination in a profession or occupa- date on the induction order. tion which requires certification before (c)(1) Any registrant who is satisfac- being authorized to engage in the prac- torily pursuing a full-time course of in- tice of that profession or occupation; struction at a high school or similar or institution of learning and is issued an (2) The registrant has been accepted order to report for induction shall, in the next succeeding class as a cadet upon presentation of appropriate facts at the U.S. Military Academy, or the in the manner prescribed by the Direc- U.S. Air Force Academy, or the U.S. tor of Selective Service, have his in- Coast Guard Academy; or as a mid- duction postponed: shipman at the U.S. Naval Academy, or (i) Until the time of his graduation the U.S. Merchant Marine Academy; or therefrom; or (3) The registrant is a ROTC applicant who has been designated to par- (ii) Until he attains the twentieth an- ticipate in the next succeeding ROTC niversary of his birth; or field training program prior to enroll- (iii) Until the end of his last aca- ment in the ROTC; or demic year, even if he has attained the (4) The registrant has been accepted twentieth anniversary of his birth; or as a ROTC scholarship student in the (iv) Until he ceases satisfactorily to next succeeding ROTC program at a pursue such course of instruction, college or university. whichever is the earliest. (g) The Director of Selective Service (2) Any registrant who, while satis- shall issue to each registrant whose in- factorily pursuing a full-time course of duction is postponed a written notice instruction at a college, university, or thereof. similar institution of learning, is or- (h) No registrant whose induction has dered to report for induction shall, been postponed shall be inducted into upon the presentation of appropriate the Armed Forces during the period of facts in the manner prescribed by the any such postponement. A postpone- Director of Selective Service, have his ment of induction shall not render in- induction postponed: valid the Order to Report for Induction (i) Until the end of the semester or which has been issued to the reg- term, or in the case of his last aca- istrant, but shall operate only to post- demic year, the end of the academic pone the reporting date, and the reg- year; or istrant shall report on the new date (ii) Until he ceases to satisfactorily scheduled without having issued to him pursue such course of instruction, a new Order to Report for Induction. whichever is the earlier. (i) Any registrant receiving a post- (3) A postponement authorized by ponement under the provisions of this this subsection may be terminated by section, shall, after the expiration of the Director of Selective Service for such postponement, be rescheduled to cause upon no less than 10 days notice report for induction at the place to to the registrant. which he was originally ordered.

316

Selective Service System § 1627.2

(j) The initial determination of (c) If a registrant fails to report for claims for all postponements is made or complete an examination, the local by area office compensated personnel. board will determine that he has aban- After a denial of a claim for a student doned his claim. postponement, the registrant may re- (d) If a registrant is determined not quest the local board to consider the acceptable for military service, he will claim. Such registrant shall be af- be reclassified in Class 4–F. forded an opportunity to appeal before (e) If a registrant is determined ac- the board in accord with the proce- ceptable for military service, the proc- dures of §§ 1648.4 and 1648.5. essing of his claim will be completed. [47 FR 4648, Feb. 1, 1982, as amended at 52 FR [52 FR 24455, July 1, 1987] 24455, July 1, 1987] PART 1627—VOLUNTEERS FOR § 1624.7 Expiration of deferment or exemption. INDUCTION

The Director shall issue an Order to Sec. Report for Induction to a registrant 1627.1 Who may volunteer. who is liable for induction whene ver 1627.2 Registration of volunteers. his deferment or exemption expires. 1627.3 Classification of volunteers. [52 FR 24455, July 1, 1987] AUTHORITY: Military Selective Service Act, 50 U.S.C. App 451 et seq.: E.O. 11623. § 1624.8 Transfer for induction. SOURCE: 47 FR 4650, Feb. 1, 1982, unless oth- The Director of Selective Service erwise noted. may direct that a registrant or registrants in a specified group of reg- § 1627.1 Who may volunteer. istrants be transferred for induction to Any registrant who has attained the such MEPS as he may designate. age of 17 years, who has not attained the age of 26 years, and who has not § 1624.9 Induction into the Armed completed his active duty obligation Forces. under the Military Selective Service Registrants in classes 1–A and 1–A–0, Act, when inductions are authorized, who have been ordered for induction may volunteer for induction into the and found qualified under standards Armed Forces unless he; prescribed by the Secretary of Defense, (a) Is classified in Class 4–F or is eli- will be inducted at the MEPS into the gible for Class 4–F; or Armed Forces. (b) Has been found temporarily unacceptable with reexamination believed § 1624.10 Order to report for examina- justified (RBJ) and the period of time tion. specified for his return for examination (a) The Director of Selective Service has not been terminated and the basis may order any registrant in Class 1–A for his temporary rejection continues who has filed a claim for classification to exist; or in a class other than Class 1–A or (c) Is an alien who has not resided in whose induction has been postponed, to the United States for a period of at report for an Armed Forces examina- least one year; or tion to determine acceptability for (d) Has not attained the age of 18 military service. The date specified to years and does not have the consent of report for examination shall be at least his parent or guardian for his induc- 7 days after the date on which the tion. Order to Report for Examination is issued. Such registrant will not be in- § 1627.2 Registration of volunteers. ducted until his claim for reclassifica- (a) If a person who is required to be tion has been decided or abandoned. registered but who has failed to reg- (b) The reporting date for examina- ister volunteers for induction, he shall tion may be postponed for any reason a be registered. reporting date for induction may be (b) In registering a volunteer, the postponed in accord with § 1624.6 (b), (d) area office shall follow the procedure or (f)(1). set forth in § 1615.3 of this chapter.

317

§ 1627.3 32 CFR Ch. XVI (7–1–11 Edition)

§ 1627.3 Classification of volunteers. SOURCE: 47 FR 4651, Feb. 1, 1982, unless otherwise noted. When a registrant who is eligible to volunteer files an Application for Vol- § 1630.2 Classes. untary Induction, he shall be classified Each registrant shall be classified in in Class 1–A and processed for induc- one of the classes prescribed in this tion. part.

PART 1630—CLASSIFICATION RULES § 1630.10 Class 1-A: Available for unrestricted military service. Sec. (a) All registrants available for unre- 1630.2 Classes. stricted military service shall be in 1630.10 Class 1-A: Available for unrestricted military service. Class 1-A. 1630.11 Class 1-A-0: Conscientious objector (b) All registrants in the selection available for noncombatant military groups as determined by the Director service only. of Selective Service are available for 1630.12 Class 1-C: Member of the Armed unrestricted Military Service, except Forces of the United States, the National those determined by a classifying au- Oceanic and Atmospheric Administration thority to be eligible for exemption or or the Public Health Service. deferment from military service or for 1630.13 Class 1-D-D: Deferment for certain noncombatant or alternative service, members of a reserve component or student taking military training. or who have random sequence numbers 1630.14 Class 1-D-E: Exemption of certain (RSNs) determined by the Director not members of a reserve component or stu- to be required to fill calls by the Sec- dent taking military training. retary of Defense. 1630.15 Class 1-H: Registrant not subject to processing for induction. § 1630.11 Class 1-A-0: Conscientious ob- 1630.16 Class 1-O: Conscientious objector to jector available for noncombatant all military service. military service only. 1630.17 Class 1-O-S: Conscientious objector In accord with part 1636 of this chap- to all military service (separated). 1630.18 Class 1-W: Conscientious objector or- ter any registrant shall be palced in dered to perform alternative service. Class 1-A-0 who has been found, by rea- 1630.26 Class 2-D: Registrant deferred be- son of religious, ethical, or moral because of study preparing for the min- lief, to be conscientiously opposed to istry. participation in combatant military 1630.30 Class 3-A: Registrant deferred be- tranining and service in the Armed cause of hardship to dependents. Forces. 1630.31 Class 3-A-S: Registrant deferred because of hardship to dependents (sepa- § 1630.12 Class 1-C: Member of the rated). Armed Forces of the United States, 1630.40 Class 4-A: Registrant who has com- the National Oceanic and Atmos- pleted military service. pheric Administration or the Public 1630.41 Class 4-B: Official deferred by law. Health Service. 1630.42 Class 4-C: Alien or dual national. 1630.43 Class 4-D: Minister of religion. In Class 1-C shall be placed: 1630.44 Class 4-F: Registrant not acceptable (a) Every registrant who is or who for military service. becomes by enlistment or appointment, 1630.45 Class 4-G: Registrant exempted from a commissioned officer, a warrant offi- service because of the death of his parent cer, a pay clerk, an enlisted man or an or sibling while serving in the Armed aviation cadet of the Regular Army, Forces or whose parent or sibling is in a the Navy, the Air Force, the Marine captured or missing in action status. 1630.46 Class 4-T: Treaty alien. Corps, the Coast Guard, the National 1630.47 Class 4-W: Registrant who has com- Oceanic and Atmospheric Administra- pleted alternative service in lieu of in- tion or the Public Health Service. duction. (b) Every registrant who is a cadet, 1630.48 Class 4-A-A: Registrant who has per- United States Military Academy; or formed military service for a foreign na- midshipman, United States Naval tion. Academy; or a cadet, United States Air AUTHORITY: Military Selective Service Act, Force Academy; or cadet, United 50 U.S.C. App. 451 et seq., E.O. 11623. States Coast Guard Academy.

318

Selective Service System § 1630.13

(c) Every registrant who by induction completion or termination of the becomes a member of the Army of the course of instruction and so long there- United States, the United States Navy, after as he continues in a reserve sta- the United States Marine Corps, the tus upon being commissioned except Air Force of the United States, or the during any period he is eligible for United States Coast Guard. Class 1-C under the provision of (d) Exclusive of periods for training § 1630.12; or only, every registrant who is a member (b) Is a fully qualified and accepted of a reserve component of the Armed aviation cadet applicant of the Army, Forces and is on active duty, and every Navy, or Air Force, who has signed an member of the reserve of the Public agreement of service and is within such Health Service on active duty and as- numbers as have been designated by signed to staff the various offices and the Secretary of Defense. Such reg- bureaus of the Public Health Service istrant shall be retained in Class 1-D-D including the National Institutes of during the period covered by such Health, or assigned to the Coast Guard, agreement but in no case in excess of the Bureau of Prisons of the Depart- four months; or ment of Justice, Environmental Pro- (c) Is other than a registrant referred tection Agency, or the National Oce- to in paragraph (a) or (d) of this section anic and Atmospheric Administration who: or who are assigned to assist Indian (1) Prior to the issuance of orders for tribes, groups, bands, or communities him to report for induction; or pursuant to the Act of August 5, 1954 (2) Prior to the date scheduled for his (68 Stat. 674), as amended. induction and pursuant to a proclama-

§ 1630.13 Class 1-D-D: Deferment for tion by the Governor of a State to the certain members of a reserve com- effect that the authorized strength of ponent or student taking military any unit of the National Guard of that training. State cannot be maintained by the en- In Class 1-D-D shall be placed any listment or appointment of persons registrant who: who have not been issued orders to re- (a)(1) Has been selected for enroll- port for induction; or ment or continuance in the Senior (en- (3) Prior to the date scheduled for his tire college level) Army Reserve Offi- induction and pursuant to a determina- cer’s Training Corps, or the Air Force tion by the President that the strength Reserve Officer’s Training Corps, or the of the Ready Reserve of the Army Re- Naval Reserve Officer’s Training Corps, serve, Naval Reserve, Marine Corps Re- or the Naval and Marine Corps officer serve, Air Force Reserve, or Coast candidate program of the Navy, or the Guard Reserve cannot be maintained platoon leader’s class of the Marine by the enlistment or appointment of Corps, or the officer procurement pro- persons who have not been issued or- grams of the Coast Guard and the ders to report for induction: Coast Guard Reserve, or is appointed enlists or accepts an appointment be- an ensign, U.S. Naval Reserve while fore attaining the age of 26 years, in undergoing professional training; and the Ready Reserve of any Reserve com- (2) Has agreed in writing to accept a ponent of the Armed Forces, the Army commission, if tendered, and to serve National Guard, or the Air National subject to order of the Secretary of the Guard. Such registrant shall remain el- military department having jurisdic- igible for Class 1-D-D so long as he tion over him (or the Secretary of serves satisfactorily as a member of an Transportation with respect to the organized unit of such Ready Reserve U.S. Coast Guard), not less than 2 years or National Guard, or satisfactorily on active duty after receipt of a com- performs such other Ready Reserve mission; and service as may be prescribed by the (3) Has agreed to remain a member of Secretary of Defense, or serves satis- a regular or reserve component until factorily as a member of the Ready Re- the eighth anniversary of his receipt of serve of another reserve component, a commission. Such registrant shall re- the Army National Guard, or the Air main eligible for Class 1-D-D until National Guard, as the case may be; or

319

§ 1630.14 32 CFR Ch. XVI (7–1–11 Edition)

(d) At any time has enlisted in the § 1630.16 Class 1-O: Conscientious ob- Army Reserve, the Naval Reserve, the jector to all military service. Marine Corps Reserve, the Air Force (a) Any registrant whose accept- Reserve, or the Coast Guard Reserve ability for military service has been and who thereafter has been commis- satisfactorily determined and who, in sioned therein upon graduation from accord with part 1636 of this chapter, an Officer’s Candidate School of such has been found, by reason of religious, Armed Force and has not has been or- ethical, or moral belief, to be conscien- dered to active duty as a commissioned tiously opposed to participation in officer. Such registrant shall remain both combatant and noncombatant eligible for Class 1-D-D so long as he training and service in the Armed performs satisfactory service as a com- Forces shall be classified in Class 1-O. missioned officer in an appropriate (b) Upon the written request of the unit of the Ready Reserve, as deter- registrant filed with his claim for clas- mined under regulations prescribed by sification in Class 1-O, the local board the Secretary of the department con- will consider his claim for classifica- cerned; or tion in Class 1-O before he is examined. (e) Is serving satisfactorily as a If the local board determines that the member of a reserve component of the registrant would qualify for Class 1-O if Armed Forces and is not eligible for he were acceptable for military service, Class 1-D-D under the provisions of any it will delay such classification until other paragraph of this section: Pro- he is found acceptable for military vided: That, for the purpose of this service. Upon the written request of paragraph, a member of a reserve com- such registrant, he will be deemed ac- ponent who is in the Standby Reserve ceptable for military service without or the Retired Reserve shall be deemed examination only for the purpose of to be serving satisfactorily unless the paragraph (a) of this section. Armed Forces of which he is a member informs the Selective Service System [52 FR 8891, Mar. 20, 1987; 52 FR 12641, Apr. 17, that he is not serving satisfactorily. 1987]

[52 FR 24455, July 1, 1987] § 1630.17 Class 1-O-S: Conscientious objector to all military service (sep- § 1630.14 Class 1-D-E: Exemption of arated). certain members of a reserve component or student taking military Any registrant who has been sepa- training. rated from the Armed Forces (including their reserve components) by rea- In Class 1-D-E shall be placed any son of conscientious objection to par- registrant who: ticipation in both combatant and non- (a) Is a student enrolled in an officer combatant training and service in the procurement program at a military Armed Forces shall be classified in college the curriculum of which is ap- Class 1-O-S unless his period of mili- proved by the Secretary of Defense; or tary service qualifies him for Class 4-A. (b) Has been enlisted in the Delayed A registrant in Class 1-O-S will be re- Entry Program (DEP) at least ten days quired to serve the remainder of his ob- prior to his scheduled induction date; ligation under the Military Selective or Service Act in Alternative Service. (c) Has been transferred to a reserve component of the Army, Navy, Air [52 FR 8891, Mar. 20, 1987] Force, Marine Corps or Coast Guard § 1630.18 Class 1-W: Conscientious ob- after a period of extended active duty, jector ordered to perform alter- which was not for training only. native service.

§ 1630.15 Class 1-H: Registrant not sub- In Class 1-W shall be placed any reg- ject to processing for induction. istrant who has been ordered to perform alternative service contributing In Class 1-H shall be placed any reg- to the mainenance of the national istrant who is not eligible for Class 1- health, safety, or interest. A and is not currently subject to processing for induction. [52 FR 24456, July 1, 1987]

320

Selective Service System § 1630.40

§ 1630.26 Class 2-D: Registrant de- § 1630.31 Class 3-A-S: Registrant deferred because of study preparing ferred because of hardship to de- for the ministry. pendents (separated). In accord with part 1639 of this chap- Any registrant who has been sepa- ter any registrant shall be placed in rated from active military service by Class 2-D who has requested such reason of dependency or hardship shall deferment and: be placed in Class 3-A-S unless his period of military service qualifies him (a) Who is preparing for the ministry for Class 4-A or 1-D-E. No registrant under the direction of a recognized shall be retained in Class 3-A-S for church or religious organization; and more than six months. (b) Who is satisfactorily pursuing a full-time course of instruction required [52 FR 24456, July 1, 1987] for entrance into a recognized theo- § 1630.40 Class 4-A: Registrant who has logical or divinity school in which he completed military service. has been pre-enrolled; or (a) In Class 4-A shall be placed any (c) Who is satisfactorily pursuing a registrant other than a registrant eli- full-time course of instruction in or at gible for classification in Class 1-C, 1- the direction of a recognized theo- D-D, or 1-D-E who is within any of the logical or divinity school; or following categories: (d) Who having completed theological (1) A registrant who was discharged or divinity school is a student in a full- or transferred to a reserve component time graduate program or is a full-time of the Armed Forces for the conven- intern. The registrant’s studies must ience of the Government after having be related to and lead to entry into served honorably on active duty for a service as a regular or duly ordained period of not less than six months in minister of religion, and satisfactory the Army, the Navy, the Air Force, the progress in these studies as required by Marine Corps, or the Coast Guard; or the school in which the registrant is (2) A registrant who has served hon- enrolled must be maintained for con- orably on active duty for a period of tinued eligibility for the deferment. not less than one year in the Army, the Navy, the Air Force, the Marine Corps, § 1630.30 Class 3-A: Registrant de- or the Coast Guard; or ferred because of hardship to de- (3) A registrant who has served on ac- pendents. tive duty for a period of not less than twenty-four months as a commissioned (a) In accord with part 1642 of this officer in the National Oceanic and At- chapter any registrant shall be classi- mospheric Administration or the Pub- fied in Class 3-A: lic Health Service, provided that such (1) Whose induction would result in period of active duty in the Public extreme hardships to his wife when she Health Service as a commissioned Re- alone is dependent upon him for sup- serve Officer shall have been performed port; or by the registrant while assigned to (2) Whose deferment is advisable be- staff any of the various offices and bu- cause his child(ren), parent(s), reaus of the Public Health Service in- grrandparent(s), brother(s), or sister(s) cluding the National Institutes of is dependent upon him for support; or Health, or while assigned to the Coast (3) Whose deferment is advisable be- Guard, or the Bureau of Prisons of the cause his wife and his child(ren), par- Department of Justice, Environmental Protection Agency, or the National ent(s), grandparent(s), brother(s), or Oceanic and Atmospheric Administra- sister(s) are dependent upon him for tion, or who are assigned to assist In- support. dian tribes, groups, bands or commu- (b) The classification of each reg- nities pursuant to the Act of August 5, istrant in Class 3-A will not be granted 1954 (68 Stat. 674), as amended; for a period longer than 365 days. (4) [Reserved]

[52 FR 24456, July 1, 1987] (5) A registrant who has completed six years of satisfactory service as a member of one or more of the Armed

321

§ 1630.41 32 CFR Ch. XVI (7–1–11 Edition)

Forces including the Reserve compo- member of a legislative body of the nents thereof. United States or of a State, Territory (b) For the purpose of computation of or Possession; a judge of a court of periods of active duty referred to in record of the United States or of a paragraphs (a) (1), (2), or (3) of this sec- State, Territory or Possession, or the tion, no credit shall be allowed for: District of Columbia. (1) Periods of active duty training performed as a member of a reserve § 1630.42 Class 4-C: Alien or dual na- component pursuant to an order or call tional. to active duty solely for training pur- In Class 4-C shall be placed any reg- poses; or istrant who: (2) Periods of active duty in which (a) Establishes that he is a national the service consisted solely of training of the United States and of a country under the Army specialized training with which the United States has a program, the Army Air Force college treaty or agreement that provides that training program, or any similar pro- such person is exempt from liability for gram under the jurisdiction of the military service in the United States. Navy, Marine Corps, or Coast Guard; or (b) Is an alien and who has departed (3) Periods of active duty as a cadet from the United States prior to being at the United States Military Acad- issued an order to report for induction emy, United States Air Force Acad- or alternative service that has not been emy, or United States Coast Guard canceled. If any registrant who is clas- Academy, or as a midshipman at the sified in Class 4-C pursuant to this United States Naval Academy, or in a paragraph returns to the United States preparatory school after nomination as he shall be classified anew. a principal, alternate, or candidate for (c) Is an alien and who has registered admission to any such academies; or at a time when he was required by the (4) Periods of active duty in any of Selective Service Law to present him- the Armed Forces while being proc- self for and submit to registration and essed for entry into or separation from thereafter has acquired status within any educational program or institute one of the groups of persons exempt referred to in paragraph (b) (2) or (3) of from registration. this section; or (d) Is an alien lawfully admitted for (5) Periods of active duty of members permanent residence as defined in of the Reserve of the Public Health paragraph (2) of section 101(a) of the Service other than when assigned to Immigration and Nationality Act, as staff any of the various offices and bu- amended (66 Stat. 163, 8 U.S.C. 1101), reaus of the Public Health Service, in- and who by reason of occupational sta- cluding the National Institute of tus is subject to adjustment to non- Health, or the Coast Guard or the Bu- immigrant status under paragraph reau of Prisons of the Department of (15)(A), (15)(E), or (15)(G) or section Justice, Environmental Protection 101(a) but who executes a waiver in ac- Agency, or the Environmental Science cordance with section 247(b) of that Act Services Administration, or who are of all rights, privileges, exemptions, assigned to assist Indian tribes, groups, and immunities which would otherwise bands, communities pursuant to the accrue to him as a result of that occu- Act of August 5, 1954 (68 Stat. 674), as pational status. A registrant placed in amended. Class 4-C under the authority of this [47 FR 4651, Feb. 1, 1982, as amended at 52 FR paragraph shall be retained in Class 4- 24456, July 1, 1987] C only for so long as such occupational status continues. § 1630.41 Class 4-B: Official deferred (e) Is an alien and who has not re- by law. sided in the United States for one year, In Class 4-B shall be placed any reg- including any period of time before his istrant who is the Vice President of the registration. When such a registrant United States, a governor of a State, has been within the United States for Territory or possession, or any other two or more periods and the total of official chosen by the voters of the en- such period equals one year, he shall be tire State, Territory or Possession; a deemed to have resided in the United

322

Selective Service System § 1630.48

States for one year. In computing the Forces of the United States, or died length of such periods, any portion of after that date due to injuries received one day shall be counted as a day. or disease incurred in the line of duty during such service before Janaury 1, § 1630.43 Class 4-D: Minister of reli- 1960. gion. [47 FR 4651, Feb. 1, 1982, as amended at 52 FR In accord with part 1645 of this chap- 24456, July 1, 1987] ter any registrant shall be placed in Class 4-D who is a: § 1630.46 Class 4-T: Treaty alien. (a) Duly ordained minister of religion; or In Class 4-T shall be placed any reg- (b) Regular minister of religion. istrant who is an alien who established that he is exempt from military service § 1630.44 Class 4-F: Registrant not ac- under the terms of a treaty or inter- ceptable for military service. national agreement between the United In Class 4-F shall be placed any reg- States and the country of which he is a istrant who is found by the Secretary national, and who has made applica- of Defense, under applicable physical, tion to be exempted from liability for mental or administrative standards, to training and service in the Armed be not acceptable for service in the Forces of the United States.

Armed Forces; except that no such reg- § 1630.47 Class 4-W: Registrant who istrant whose further examination or has completed alternative service re-examination is determined by the in lieu of induction. Secretary of Defense to be justified In Class 4-W shall be placed any reg- shall be placed in Class 4-F until such istrant who subsequent to being or- further examination has been accom- dered to perform alternative service in plished and such registrant continues lieu of induction has been released to be found not acceptable for military from such service after satisfactorily service. performing the work for a period of 24 [52 FR 24456, July 1, 1987] months, or has been granted an early release by the Director of Selective § 1630.45 Class 4-G: Registrant exempt- Service after completing at least 6 ed from service because of the months of satisfactory service. death of his parent or sibling while serving in the Armed Forces or whose parent or sibling is in a cap- § 1630.48 Class 4-A-A: Registrant who tured or missing in action status. has performed military service for a foreign nation. In Class 4-G shall be placed any reg- In Class 4-A-A shall be placed any istrant who, except during a period of registrant who, while an alien, has war or national emergency declared by served on active duty for a period of Congress, is: not less than 12 months in the armed (a) A surviving son or brother: forces of a nation determined by the (1) Whose parent or sibling of the Department of State to be a nation whole blood was killed in action or died with which the United States is associ- in the line of duty while serving in the ated in mutual defense activities and Armed Forces of the United States which grants exemptions from training after December 31, 1959, or died subse- and service in its armed forces to citi- quent to such date as a result of inju- zens of the United States who have ries received or disease incurred in the served on active duty in the Armed line of duty during such service; or Forces of the United States for a period (2) Whose parent or sibling of the of not less than 12 months; Provided: whole blood is in a captured or missing That all information which is sub- status as a result of such service in the mitted to the Selective Service System Armed Forces during any period of concerning the registrant’s service in time; or the armed forces of a foreign nation (b) The sole surviving son of a family shall be written in the English lan- in which the father or one or more sib- guage. lings were killed in action before Janu- ary 1, 1960 while serving in the Armed [52 FR 24456, July 1, 1987]

323

Pt. 1633 32 CFR Ch. XVI (7–1–11 Edition)

PART 1633—ADMINISTRATION OF 1-O-S, 1-W, 3-A-S, 4-A, 4-A-A, 4-B, 4-C, CLASSIFICATION 4-F, 4-G, 4-T or 4-W for which he is eligible upon request by the registrant for Sec. a review of a classification denial ac- 1633.1 Classifying authority. tion under § 1633.1(f). No individual 1633.2 Claim for other than Class 1-A. shall be classified into Class 4-F unless 1633.3 Submission of claims. the Secretary of Defense has deter- 1633.4 Information relating to claims for mined that he is unacceptable for mili- deferment or exemption. 1633.5 Securing information. tary service. 1633.6 Consideration of classes. (f) Compensated employees of an area 1633.7 General principles of classification. office may in accord with § 1633.2 may 1633.8 Basis of classification. classify a registrant into an adminis- 1633.9 Explanation of classification action. trative class for which he is eligible. 1633.10 Notification to registrant of classification action. No individual shall be classified into 1633.11 Assignment of registrant to a local Class 4-F unless the Secretary of De- board. fense has determined that he is unac- 1633.12 Reconsideration of classification. ceptable for military service.

AUTHORITY: Military Selective Service Act, [47 FR 4654, Feb. 1, 1982, as amended at 52 FR 50 U.S.C. App. 451 et seq.; E.O. 11623. 24456, July 1, 1987] SOURCE: 47 FR 4654, Feb. 1, 1982, unless otherwise noted. § 1633.2 Claim for other than Class 1-A.

§ 1633.1 Classifying authority. (a) Any registrant who has received an order to report for induction may, The following officials are authorized prior to the day he is scheduled to re- to classify registrants into the indicated classes established by part 1630 of port, submit to the Selective Service this chapter: System a claim that he is eligible to be (a) The Director of Selective Service classified into any class other than may in accord with the provisions of Class 1-A. The registrant may assert a this chapter classify a registrant into claim that he is eligible for more than any class for which he is eligible except one class other than Class 1-A. The reg- Classes 1-A-0, 1-0, 2-D, 3-A, and 4-D: istrant cannot subsequently file a Provided, That, the Director may not claim with respect to a class for which reclassify a registrant other than a vol- he was eligible prior to the day he was unteer for induction, into Class 1-A out originally scheduled to report. Infor- of another class prior to the expiration mation and documentation in support of the registrant’s entitlement to such of claims for reclassification and post- classification. The Director may, be- ponement of induction shall be filed in fore issuing an induction order to a accordance with instructions from the registrant, appropriately classify him Selective Service System. if the Secretary of Defense has cer- (b) Any registrant who has received tified him to be a member of an armed an order to report for induction that force or reserve component thereof. has not been canceled may, at any time (b) The National Selective Service before his induction, submit a claim Appeal Board may in accord with part that he is eligible to be classified into 1653 of this chapter classify a reg- any class other than Class 1-A based istrant into any class for which he is upon events over which he has no con- eligible. trol that occurred on or after the day (c) A district appeal board may in ac- he was originally scheduled to report cord with part 1651 of this chapter classify a registrant into any class for for induction. which he is eligible. (c)(1) Claims will be filed with the (d) A local board may in accord with area office supporting the local board part 1648 of this chapter classify a reg- of jurisdiction. istrant into Class 1-A-0, 1-0, 2-D, 3-A, or (2) Claims will be considered by the 4-D for which he is eligible. local board identified in paragraph (e) A local board may also classify a (c)(1) or its supporting area office as registrant into Class 1-C, 1-D-D, 1-D-E, prescribed in this part.

324

Selective Service System § 1633.6

(d) The initial determination of § 1633.6 Consideration of classes. claims for all administrative classifica- Claims of a registrant will be consid- tions are made by area office compensated personnel. After a denial of a ered in inverse order of the listing of claim for an administrative classifica- the classes below. When grounds are es- tion the registrant may request the tablished to place a registrant in one local board to consider the claim. or more of the classes listed in the fol- (e) The initial determination of a lowing table, the registrant shall be judgmental classification is made by a classified in the lowest class for which local board. he is determined to be eligible, with (f) A registrant may request and Class 1-A-O considered the highest shall be granted a personal appearance class and Class 1-H considered the low- whenever a local or appeal board con- est class, according to the following siders his claim for reclassification. table: Personal appearances will be held in Class 1-A-O: Conscientious Objector Avail- accord with parts 1648, 1651 and 1653 of able for Noncombatant Military Service this chapter. Only. (g) A registrant who has filed a claim Class 1-O: Conscientious Objector to all for classification in Class 1-A-O or Military Service. Class 1-0 shall be scheduled for a per- Class 1-O-S: Conscientious Objector to all sonal appearance in accord with § 1648.4 Military Service (Separated). before his claim is considered. Class 2-D: Registrant Deferred Because of (h) If granted, a deferment or exemp- Study Preparing for the Ministry. tion supersedes the original order to Class 3-A: Registrant Deferred Because of report for induction. When a deferment Hardship to Dependents. or exemption expires or ends, a new Class 3-A-S: Registrant Deferred Because order to report for induction will be of Hardship to Dependents (Separated). issued. Class 4-D: Minister of Religion. Class 1-D-D: Deferment for Certain Mem- [52 FR 24457, July 1, 1987] bers of a Reserve Component or Student

Taking Military Training. § 1633.3 Submission of claims. Class 4-B: Official Deferred by Law. Except as otherwise expressly pro- Class 4-C: Alien or Dual National. vided by the Director, no document re- Class 4-G: Registrant Exempted From lating to any registrant’s claims or po- Service Because of the Death of his Parent tential claims will be retained by the or Sibling While Serving in the Armed Selective Service System and no file Forces or Whose Parent or Sibling is in a relating to a registrant’s possible clas- Captured or Missing in Action Status. sification status will be established Class 4-A: Registrant Who Has Completed prior to that registrant being ordered Military Service. to report for induction. Class 4-A-A: Registrant Who Has Per- formed Military Service For a Foreign Na- § 1633.4 Information relating to claims tion. for deferment or exemption. Class 4-W: Registrant Who Has Completed Alternative Service in Lieu of Induction. The registrant shall be entitled to Class 1-D-E: Exemption of Certain Mem- present all relevant written informa- bers of a Reserve Component or Student tion which he believes to be necessary Taking Military Training. to assist the classifying authority in Class 1-C: Member of the Armed Forces of determining his proper classification; the United States, the National Oceanic and such information may include docu- Atmospheric Administration, or the Public ments, affidavits, and depositions. The Health Service. affidavits and depositions shall be as Class 1-W: Conscientious Objector Ordered concise and brief as possible. to Perform Alternative Service in Lieu of In- duction. § 1633.5 Securing information. Class 4-T: Treaty Alien. The classifying authority is author- Class 4-F-: Registrant Not Acceptable for ized to request and receive information Military Service. whenever such information will assist Class 1-H: Registrant Not Subject to Proc- in determining the proper classifica- essing for Induction. tion of a registrant. [52 FR 24457, July 1, 1987]

325

§ 1633.7 32 CFR Ch. XVI (7–1–11 Edition)

§ 1633.7 General principles of classi- § 1633.11 Assignment of registrant to a fication. local board. (a) Each classified registrant in a se- (a) A registrant is assigned to the lection group is available for unre- local board that has jurisdiction over stricted military service until his eligi- his permanent address that he last fur- bility for noncombatant service, alter- nished the Selective Service System native service, or deferment or exemp- prior to the issuance of his induction tion from service has been determined order. by a classifying authority. (b) The Director may change a reg- (b) The classifying authority in con- istrant’s assignment when he deems it sidering a registrant’s claim for classi- necessary to assure the fair and equi- fication shall not discriminate for or table administration of the Selective against him because of his race, creed, Service Law. color or ethnic background and shall [52 FR 24457, July 1, 1987] not discriminate for or against him because of his membership or activity in § 1633.12 Reconsideration of classifica- any labor, political, religious, or other tion. organization. No classification is permanent. The

[47 FR 4654, Feb. 1, 1982, as amended at 52 FR Director of Selective Service may 24457, July 1, 1987] order the reconsideration of any classification action when the facts, upon § 1633.8 Basis of classification. which the classification is based, change or when he finds that the reg- The registrant’s classification shall istrant made a misrepresentation of be determined on the basis of the offi- any material fact related to his claim cial forms of the Selective Service Sys- for classification. No action may be tem and other written information in taken under the preceding sentence of his file, oral statements, if made by the this paragraph unless the registrant is registrant at his personal appearance notified in writing of the impending ac- before the board, and oral statements, tion and the reasons thereof, and is if made by the registrant’s witnesses at given an opportunity to respond in his personal appearance. Any informa- writing within 10 days of the mailing of tion in any written summary of the the notice. If the Director orders a re- oral information presented at a reg- consideration of a classification in ac- istrant’s personal appearance that was cord with this paragraph, the claim prepared by an official of the Selective will be treated in all respects as if it Service System or by the registrant were the original claim for that classi- will be placed in the registrant’s file. fication. The file shall be subject to review by the registrant during normal business PART 1636—CLASSIFICATION OF hours. CONSCIENTIOUS OBJECTORS § 1633.9 Explanation of classification action. Sec. 1636.1 Purpose; definitions. Whenever a classifying authority de- 1636.2 The claim of conscientious objection. nies the request of a registrant for 1636.3 Basis for classification in Class 1-A-0. classification into a particular class or 1636.4 Basis for classification in Class 1-0. classifies a registrant in a class other 1636.5 Exclusion from Class 1-A-0 and Class than that which he requested, it shall 1-0. record the reasons therefor in the reg- 1636.6 Analysis of belief. istrant’s file. 1636.7 Impartiality. 1636.8 Considerations relevant to granting § 1633.10 Notification to registrant of or denying a claim for classification as a classification action. conscientious objector. 1636.9 Types of decisions. The Director will notify the reg- 1636.10 Statement of reasons for denial. istrant of any classification action. AUTHORITY: Military Selective Service Act, [52 FR 24457, July 1, 1987] 50 U.S.C. App. 451 et seq.; E.O. 11623.

326

Selective Service System § 1636.6

SOURCE: 47 FR 4655, Feb. 1, 1982, unless oth- life of a registrant a place parallel to erwise noted. that filled by belief in a Supreme Being for those holding more traditionally re- § 1636.1 Purpose; definitions. ligious views. (a) The provisions of this part govern (c) A registrant’s objection must be the consideration of a claim by a reg- sincere. istrant for classification in Class 1-A-0 [47 FR 4655, Feb. 1, 1982, as amended at 52 FR (§ 1630.11 of this chapter), or Class 1-0 24457, July 1, 1987] (§ 1630.17 of this chapter). (b) The definitions of this paragraph § 1636.4 Basis for classification in shall apply in the interpretation of the Class 1-0. provisions of this part: (a) A registrant must be conscien- (1) Crystallization of a Registrant’s Be- tiously opposed to participation in war liefs. The registrant’s becoming con- in any form and conscientiously op- scious of the fact that he is opposed to posed to participation in both combat- participation in war in any form. ant and noncombatant training and (2) Noncombatant Service. Service in service in the Armed Forces. any unit of the Armed Forces which is (b) A registrant’s objection may be unarmed at all times; any other mili- founded on religious training and be- tary assignment not requiring the lief; it may be based on strictly reli- bearing of arms or the use of arms in gious beliefs, or on personal beliefs combat or training in the use of arms. that are purely ethical or moral in (3) Noncombatant Training. Any train- source or centent and occupy in the life ing which is not concerned with the of a registrant a place parallel to that study, use, or handling of arms or other filled by belief in a Supreme Being for implements of warfare designed to de- those holding more traditionally reli- stroy human life. gious views. (c) A registrant’s objection must be § 1636.2 The claim of conscientious ob- sincere. jection. A claim to classification in Class 1-A- § 1636.5 Exclusion from Class 1-A-0 0 or Class 1-0, must be made by the reg- and Class 1-0. istrant in writing. Claims and docu- A registrant shall be excluded from ments in support of claims may only be Class 1-A-0 or Class 1-0: submitted after the registrant has re- (a) Who asserts beliefs which are of a ceived an order to report for induction religious, moral or ethical nature, but or after the Director has made a spe- who is found not to be sincere in his as- cific request for submission of such sertions; or documents. All claims or documents in (b) Whose stated objection to partici- support of claims received prior to a pation in war does not rest at all upon registrant being ordered to report for moral, ethical, or religious principle, induction or prior to the Director’s but instead rests solely upon consider- specific request for such documenta- ations of policy, pragmatism, expedi- tion will be returned to the registrant ency, or his own self-interest or well- and no file or record of such submission being; or will be established. (c) Whose objection to participation in war is directed against a particular § 1636.3 Basis for classification in war rather than against war in any Class 1-A-0. form (a selective objection). If a reg- (a) A registrant must be conscien- istrant objects to war in any form, but tiously opposed to participation in also believes in a theocratic, spiritual combatant training and service in the war between the forces of good and Armed Forces. evil, he may not by reason of that be- (b) A registrant’s objection may be lief alone be considered a selective con- founded on religious training and be- scientious objector. lief; it may be based on strictly religious beliefs, or on personal beliefs § 1636.6 Analysis of belief. that are purely ethical or moral in (a) A registrant claiming conscien- source or content and occupy in the tious objection is not required to be a

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§ 1636.7 32 CFR Ch. XVI (7–1–11 Edition) member of a peace church or any other convictions were acquired through church, religious organization, or reli- training, study, contemplation, or gious sect to qualify for a 1-A-0 or 1-0 other activity comparable to the proc- classification; nor is it necessary that esses by which traditional religious he be affiliated with any particular convictions are formulated. He must group opposed to participation in war show that these religious, moral, or in any form. ethical convictions, once acquired, (b) The registrant who identifies his have directed his life in the way tradi- beliefs with those of a traditional tional religious convictions of equal church or religious organization must strength, depth, and duration have di- show that he basically adheres to be- rected the lives of those whose beliefs liefs of that church or religious organi- are clearly founded in traditional reli- zation whether or not he is actually af- gious conviction. filiated with the institution whose (f) The registrant need not use formal teachings he claims as the basis of his or traditional language in describing conscientious objection. He need not the religious, moral, or ethical nature adhere to all beliefs of that church or of his beliefs. Board members are not religious organization. free to reject beliefs because they find (c) A registrant whose beliefs are not them incomprehensible or inconsistent religious in the traditional sense, but with their own beliefs. are based primarily on moral or ethical (g) Conscientious objection to par- principle should hold such beliefs with ticipation in war in any form, if based the same strength or conviction as the on moral, ethical, or religious beliefs, belief in a Supreme Being is held by a may not be deemed disqualifying sim- person who is religious in the tradi- ply because those beliefs may influence tional sense. Beliefs may be mixed; the registrant concerning the Nation’s they may be a combination of tradi- domestic or foreign policy. tional religious beliefs and nontradi- tional religious, moral or ethical be- [47 FR 4655, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987] liefs. The registrant’s beliefs must play a significant role in his life but should § 1636.7 Impartiality. be evaluated only insofar as they pertain to his stated objection to his par- Boards may not give preferential ticipation in war. treatment to one religion over another, (d) Where the registrant is or has and all beliefs whether of a religious, been a member of a church, religious ethical, or moral nature are to be given organization, or religious sect, and equal consideration. where his claim of a conscientious objection is related to such membership, § 1636.8 Considerations relevant to granting or denying a claim for the board may properly inquire as to classification as a conscientious ob- the registrant’s membership, the reli- jector. gious teachings of the church, religious organization, or religious sect, and the (a) After the registrant has sub- registrant’s religious activity, insofar mitted a claim for classification as a as each relates to his objection to par- conscientious objector and his file is ticipation in war. The fact that the complete, a determination of his sin- registrant may disagree with or not cerity will be made based on: subscribe to some of the tenets of his (1) All documents in the registrant’s church or religious sect does not nec- file folder; and essarily discredit his claim. (2) The oral statements of the reg- (e)(1) The history of the process by istrant at his personal appearance(s) which the registrant acquired his be- before the local and/or appeal board; liefs, whether founded on religious, and moral, or ethical principle is relevant (3) The oral statements of the reg- to the determination whether his stat- istrant’s witnesses, if any, at his per- ed opposition to participation in war in sonal appearance(s) before the local any form is sincere. board; and (2) The registrant must demonstrate (4) The registrant’s general demeanor that his religious, ethical, or moral during his personal appearance(s).

328

Selective Service System § 1636.9

(b) The registrant’s stated convic- bases his objection on a belief in non- tions should be a matter of conscience. violence. (c) The board should be convinced (2) Care should be exercised that that the registrant’s personal history nervous, frightened, or apprehensive since the crystallization of his con- behavior at the personal appearance is scientious objection is not inconsistent not misconstrued as a reflection of in- with his claim and demonstrates that sincerity. the registrant’s objection is not solely (h) Oral response to questions posed a matter of expediency. A recent crys- by board members should be consistent tallization of beliefs does not in itself with the written statements of the reg- indicate expediency. istrant and should generally substan- (d) The information presented by the tiate the submitted information in the registrant should reflect a pattern of registrant’s file folder; any incon- behavior in response to war and weap- sistent material should be explained by ons which is consistent with his stated the registrant. It is important to rec- beliefs. Instances of violent acts or ognize that the registrant need not be conviction for crimes of violence, or eloquent in his answers. But, a clear employment in the development or inconsistency between the registrant’s manufacturing of weapons of war, if oral remarks at his personal appear- the claim is based upon or supported by ance and his written submission to the a life of nonviolence, may be indicative board may be adequate grounds, if not of inconsistent conduct. satisfactorily explained, for concluding (e) The development of a registrant’s that his claim is insincere. opposition to war in any form may (i) The registrant may submit letters bear on his sincerity. If the registrant of reference and other supporting claims a recent crystallization of be- statements of friends, relatives and ac- liefs, his claim should be supported by quaintances to corroborate the sin- evidence of a religious or educational cerity of his claim, although such sup- experience, a traumatic event, an his- plemental documentation is not essen- torical occasion, or some other special tial to approval of his claim. A finding situation which explains when and how of insincerity based on these letters or his objection to participation in war supporting statements must be care- crystallized. fully explained in the board’s decision, (f) In the event that a registrant has specific mention being made of the par- previously worked in the development ticular material relied upon for denial of or manufacturing of weapons of war of classification in Class 1-A-0 or Class or has served as a member of a military 1-0. reserve unit, it should be determined whether such activity was prior to the [47 FR 4655, Feb. 1, 1982, as amended at 52 FR stated crystallization of the reg- 24457, July 1, 1987; 60 FR 13908, Mar. 15, 1995] istrant’s conscientious objector beliefs. § 1636.9 Types of decisions. Inconsistent conduct prior to the actual crystallization of conscientious The following are the types of deci- objector beliefs is not necessarily in- sions which may be made by a board dicative of insincerity. But, incon- when a claim for classification in Class sistent conduct subsequent to such 1-A-0 or Class 1-0 has been considered. crystallization may indicate that reg- (a) Decision to grant a claim for clas- istrant’s stated objection is not sin- sification in Class 1-A-0 or Class 1-0, as cere. requested, based on a determination (g) A registrant’s behavior during his that the truth or sincerity of the reg- personal appearance before a board istrant’s claim is not refuted by any in- may be relevant to the sincerity of his formation contained in the registrant’s claim. file or obtained during his personal ap- (1) Evasive answers to questions by pearance. board members or the use of hostile, (b) Decision to deny a claim for clas- belligerent, or threatening words or ac- sification in Class 1-A-0 or Class 1-0 tions, for example, may in proper cir- based on all information before the cumstances be deemed inconsistent board, and a finding that such informa- with a claim in which the registrant tion fails to meet the tests specified in

329

§ 1636.10 32 CFR Ch. XVI (7–1–11 Edition)

§ 1636.3 or 1636.4 of this part. If sup- religious organization established on ported by information contained in the the basis of a community of faith and registrant’s file or obtained during his belief, doctrines and practices of a reli- personal appearance the board may gious character, and which engages pri- find that the facts presented by the marily in religious activities. registrant in support of his claim are (3) The term recognized theological or untrue. divinity school refers to a theological or divinity school whose graduates are ac- [47 FR 4655, Feb. 1, 1982, as amended at 53 FR 25328, July 6, 1988] ceptable for ministerial duties either as an ordained or regular minister by § 1636.10 Statement of reasons for de- the church or religious organization nial. sponsoring a registrant as a ministerial (a) Denial of a conscientious objector student. claim by a board must be accompanied (4) The term graduate program refers by a statement specifying the reason(s) to a program in which the registrant’s for such denial as prescribed in §§ 1633.9, studies are officially approved by his 1651.4 and 1653.3 of this chapter. The church or religious organization for reason(s) must, in turn, be supported entry into service as a regular or duly by evidence in the registrant’s file. ordained minister of religion. (b) If a board’s denial is based on (5) The term full-time intern applies to statements by the registrant or on a a program that must run simultaneous determination that the claim is incon- with or immediately follow the com- sistent or insincere, this should be pletion of the theological or divinity fully explained in the statement of rea- training and is required by a recog- sons accompanying the denial. nized church or religious organization for entry into the ministry. PART 1639—CLASSIFICATION OF (6) The term satisfactorily pursuing a full-time course of instruction means REGISTRANTS PREPARING FOR maintaining a satisfactory academic THE MINISTRY record as determined by the institution while receiving full-time instructions Sec. in a structured learning situation. A 1639.1 Purpose; definitions. full-time course of instruction does not 1639.2 The claim for Class 2-D. 1639.3 Basis for classification in Class 2-D. include instructions received pursuant 1639.4 Exclusion from Class 2-D. to a mail order program. 1639.5 Impartiality. 1639.6 Considerations relevant to granting § 1639.2 The claim for Class 2-D. or denying claims for Class 2-D. A claim to classification in Class 2-D 1639.7 Types of decisions. must be made by the registrant in 1639.8 Statement of reason for denial. writing, such document being placed in AUTHORITY: Military Selective Service Act, his file folder. 50 U.S.C. App. 451 et seq.; E.O. 11623. SOURCE: 47 FR 4657, Feb. 1, 1982, unless oth- § 1639.3 Basis for classification in erwise noted. Class 2-D. (a) In Class 2-D shall be placed any § 1639.1 Purpose; definitions. registrant who is preparing for the (a) The provisions of this part shall ministry under the direction of a rec- govern the consideration of a claim by ognized church or religious organiza- a registrant for classification in Class tion; and 2-D (§ 1630.26 of this chapter). (1) Who is satisfactorily pursuing a (b) The definitions of this paragraph full-time course of instruction required shall apply to the interpretation of the for entrance into a recognized theo- provisions of this part: logical or divinity school in which he (1) The term ministry refers to the vo- has been pre-enrolled or accepted for cation of a duly ordained minister of reli- admission; or gion or regular minister of religion as de- (2) Who is satisfactorily pursuing a fined in part 1645 of this chapter. full-time course of instruction in a rec- (2) The term recognized church or reli- ognized theological or divinity school; gious organization refers to a church or or

330

Selective Service System § 1639.8

(3) Who, having completed theo- pursuing a full-time course of instruc- logical or divinity school, is a student tion in a recognized theological or di- in a full-time graduate program or is a vinity school; or full-time intern, and whose studies are (4) Current certification to the effect related to and lead toward entry into that the registrant, having completed service as a regular or duly ordained theological or divinity school, is satis- minister of religion. Satisfactory factorily pursuing a full-time graduate progress in these studies as determined program or is a full-time intern, whose by the school in which the registrant is studies are related to and lead toward enrolled, must be maintained for quali- entry into service as a regular or duly fication for the deferment. ordained minister of religion. (b) The registrant’s classification (b) A board may require the reg- shall be determined on the basis of the istrant to obtain from the church, reli- written information in his file folder, gious organization, or school detailed oral statements, if made by the reg- information in order to determine istrant at his personal appearance be- whether or not the theological or di- fore a board, and oral statements, if vinity school is in fact a recognized made by the registrant’s witnesses at school or whether or not the church or his personal appearance. religious organization which is spon- [47 FR 4657, Feb. 1, 1982, as amended at 52 FR soring the registrant is recognized. 24458, July 1, 1987] [47 FR 4657, Feb. 1, 1982, as amended at 52 FR § 1639.4 Exclusion from Class 2-D. 24458, July 1, 1987]

A registrant shall be excluded from § 1639.7 Types of decisions. Class 2-D when: (a) He fails to establish that the (a) A board may grant a classifica- theological or divinity school is a rec- tion into Class 2-D until the end of the ognized school; or academic school year. (b) He fails to establish that the (b) Upon the expiration of a 2-D clas- church or religious organization which sification, a board shall review any re- is sponsoring him is so recognized; or quest for extension of the classification (c) He ceases to be a full-time stu- in the same manner as the first request dent; or for Class 2-D. This section does not re- (d) He fails to maintain satisfactory lieve a registrant of his duties under academic progress. § 1621.1 of this chapter. (c) The board may deny a claim for § 1639.5 Impartiality. Class 2-D when the evidence fails to Boards may not give precedence to merit any of the criteria established in any religious organization or school this section. over another, and all are to be given equal consideration. [47 FR 4657, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987] § 1639.6 Considerations relevant to granting or denying claims for § 1639.8 Statement of reason for de- Class 2-D. nial. (a) The registrant’s claim for Class 2- (a) Denial of a claim for a ministerial D must include the following: student deferment by a board must be (1) A statement from a church or reli- accompanied by a statement specifying gious organization that the registrant the reason(s) for such denial as pre- is preparing for the ministry under its scribed in §§ 1633.9, 1651.4 and 1653.3 of direction; and this chapter. The reason(s) must in (2) Current certification to the effect turn, be supported by evidence in the that the registrant is satisfactorily registrant’s file. pursuing a full-time course of instruc- (b) If a board’s denial is based on tion required for entrance into a recog- statements by the registrant or his nized theological or divinity school in witnesses at a personal appearance, which he has been pre-enrolled; or this must be fully explained in the (3) Current certification to the effect statement of reasons accompanying that the registrant is satisfactorily the denial.

331

Pt. 1642 32 CFR Ch. XVI (7–1–11 Edition)

PART 1642—CLASSIFICATION OF § 1642.2 The claim for classification in REGISTRANTS DEFERRED BECAUSE Class 3-A. OF HARDSHIP TO DEPENDENTS A claim for classification in Class 3- A must be made by the registrant in Sec. writing. Prior to the consideration of 1642.1 Purpose; definitions. the claim, the registrant shall submit 1642.2 The claim for classification in Class supporting documentation, such docu- 3-A. ments being placed in his file folder. 1642.3 Basis for classification in Class 3-A. 1642.4 Ineligibility for Class 3-A. § 1642.3 Basis for classification in 1642.5 Impartiality. Class 3-A. 1642.6 Considerations relevant to granting (a) In Class 3-A shall be placed any or denying claims for Class 3-A. registrant: 1642.7 Types of decisions. (1) Whose induction would result in 1642.8 Statement of reason for denial. extreme hardship to his wife when she AUTHORITY: Military Selective Service Act, alone is dependent upon him for sup- 50 U.S.C. App. 451 et seq. E.O. 11623. port; or (2) Whose deferment is advisable be- SOURCE: 47 FR 4658, Feb. 1, 1982, unless otherwise noted. cause his child(ren), parent(s), grandparent(s), brother(s), or sister(s) is de- § 1642.1 Purpose; definitions. pendent upon him for support; or (3) Whose deferment is advisable be- (a) The provisions of this part govern cause his wife and child(ren), parent(s), the consideration of a claim by a reg- grandparent(s), brother(s), or sister(s) istrant for classification in Class 3-A are dependent upon him for support. (§ 1630.30 of this chapter). (b) In its consideration of a claim by (b) The following definitions apply to a registrant for classification in Class the interpretation of the provisions of 3-A, the board will first determine this part. whether the registrant’s wife, (1) The term dependent shall apply to child(ren), parent(s), grandparent(s), the wife, child, parent, grandparent, brother(s), or sister(s) is dependent brother or sister of a registrant. upon the registrant for support. Sup- (2) The term child includes an unborn port may be financial assistance, per- child, a stepchild, a foster child or a le- sonal care or companionship. If finan- gally adopted child, who is legitimate cial assistance is the basis of support, or illegitimate, but shall not include the registrant’s contribution must be a any person 18 years of age or older un- substantial portion of the necessities of less he or she is physically or mentally the dependent. Under most cir- handicapped. cumstances 40 to 50% of the cost of the (3) The term parent shall include any necessities may be considered substan- person who has stood in the place of a tial. If that determination is affirma- parent to the registrant for at least 5 tive, the board will determine whether years preceding the 18th anniversary of the registrant’s induction would result the registrant’s date of birth and is in extreme hardship to his wife when now supported in good faith by the reg- she is the only dependent, or whether istrant. the registrant’s deferment is advisable (4) The term brother or sister shall in- because his child(ren), parent(s), grand- clude a person having one or both par- parent(s), brother(s), or sister(s) is de- ents in common with the registrant, pendent upon him for support, or be- who is either under 18 years of age or is cause his wife and his child(ren), par- physically or mentally handicapped. ent(s), grandparent(s), brother(s), or (5) The term support includes but is sister(s) are dependent upon him for not limited to financial assistance. support. A deferment is advisable (6) Hardship is the unreasonable dep- whenever the registrant’s induction rivation of a dependent of the financial would result in hardship to his depend- assistance, personal care or compan- ents. ionship furnished by the registrant (c) The registrant’s classification when that deprivation would be caused shall be determined on the basis of the by the registrant’s induction. written information in his file, oral

332

Selective Service System § 1642.8 statements, if made by the registrant § 1642.6 Considerations relevant to at his personal appearance before a granting or denying claims for board, and oral statements, if made by Class 3-A. the registrant’s witnesses at his per- (a) The registrant’s claim for Class 3- sonal appearances. A must include the following, with doc-

[52 FR 24458, July 1, 1987] umentation, as applicable: (1) Registrant’s and his dependent’s § 1642.4 Ineligibility for Class 3-A. marital status; (a) A registrant is ineligible for Class (2) Physician’s statement concerning 3-A when: any dependent who is physically or (1) He assumed an obligation to his mentally handicapped; dependents specifically for the purpose (3) Employment status of registrant of evading training and service; or and his dependents; and (2) He acquired excessive financial (b) Each case must be weighed care- obligations primarily to establish his fully and decided on its own merits. dependency claim; or § 1642.7 Types of decisions. (3) His dependents would not be de- prived of reasonable support if the reg- (a) A board may grant a classifica- istrant is inducted; or tion into Class 3-A for such period of (4) There are other persons willing time it deems appropriate but in no and able to assume the support of his event the period exceed one year. dependents; or (b) Upon the expiration of a 3-A clas- (5) The dependents would suffer only sification a board shall review any re- normal anguish of separation from the quest for an extension of the classifica- registrant if he is inducted; or tion as if it were the first request for (6) The hardship to a dependent is that classification, and the fact that based solely on financial conditions the registrant was placed in Class 3-A and can be removed by payment and al- under apparently similar cir- lowances which are payable by the cumstances will not be a factor in the United States to the dependents of per- decision of the board. This section does sons who are serving in the Armed not relieve a registrant from his duties Forces; or under § 1621.1 of this chapter. (7) The hardship to the dependent is (c) [Reserved] based upon considerations that can be (d) A board shall deny a claim for eliminated by payments and allow- Class 3-A when the evidence fails to ances which are payable by the United meet the criteria established in this States to the dependents of persons part. who are serving in the Armed Forces. [47 FR 4658, Feb. 1, 1982, as amended at 52 FR (b) [Reserved] 24458, July 1, 1987]

[47 FR 4658, Feb. 1, 1982, as amended at 52 FR § 1642.8 Statement of reason for de- 24458, July 1, 1987] nial. § 1642.5 Impartiality. (a) Denial of a claim for Class 3-A by (a) Boards shall consider all ques- a board must be accompanied by a tions in a claim for classification in statement specifying the reason(s) for Class 3-A with equal consideration of such denial as prescribed in §§ 1633.9, race, creed, color, sex or ethnic back- 1651.4 and 1653.3 of this chapter. The ground. reason must in turn, be supported by (b) Boards may not give precedence evidence in the registrant’s file. to one type of dependency hardship (b) If a board’s denial is based on over another. statements by the registrant or his witnesses at a personal appearance, [52 FR 24458, July 1, 1987] this must be fully explained in the statement of reasons accompanying the denial.

333

Pt. 1645 32 CFR Ch. XVI (7–1–11 Edition)

PART 1645—CLASSIFICATION OF (3) The term regular or duly ordained MINISTERS OF RELIGION minister of religion does not include: (i) A person who irregularly or inci- Sec. dentally preaches and teaches the prin- 1645.1 Purpose; definitions. ciples of religion of a church, religious 1645.2 The claim for minister of religion sect, or organization; or classification. (ii) Any person who has been duly or- 1645.3 Basis for classification in Class 4-D. 1645.4 Exclusion from Class 4-D. dained a minister in accordance with 1645.5 Impartiality. the ceremonial rite or discipline of a 1645.6 Considerations relevant to granting church, religious sect or organization, or denying a claim for Class 4-D. but who does not regularly, as a bona 1645.7 Evaluation of claim. fide vocation, teach and preach the 1645.8 Types of decisions. principles of religion and administer 1645.9 Statement of reason for denial. the ordinances of public worship, as AUTHORITY: Military Selective Service Act, embodied in the creed or principles of 50 U.S.C. App. 451 et seq.; E.O. 11623. his church, sect, or organization. SOURCE: 47 FR 4660, Feb. 1, 1982, unless oth- (4) The term vocation denotes one’s erwise noted. regular calling or full-time profession.

§ 1645.1 Purpose; definitions. § 1645.2 The claim for minister of reli- (a) The provisions of this part govern gion classification. the consideration of a claim by a reg- A claim to classification in Class 4-D istrant for classification in Class 4-D must be made by the registrant in (§ 1630.43 of this chapter). writing, such document being placed in (b) The definitions of this paragraph his file folder. shall apply in the interpretation of the provisions of this part: § 1645.3 Basis for classification in (1) The term duly ordained minister of Class 4-D. religion means a person: (i) Who has been ordained in accord- In accordance with part 1630 of this ance with the ceremonial ritual or dis- chapter any registrant shall be placed cipline of a church, religious sect, or in Class 4-D who is a: organization established on the basis of (a) Duly ordained minister of reli- a community of faith and belief, doc- gion; or trines and practices of a religious char- (b) Regular minister of religion. acter; and (ii) Who preaches and teaches the § 1645.4 Exclusion from Class 4-D. doctrines of such church, sect, or orga- A registrant is excluded from Class 4- nization; and D when his claim clearly shows that: (iii) Who administers the rites and (a) He is not a regular minister or a ceremonies thereof in public worship; duly ordained minister; or and (iv) Who, as his regular and cus- (b) He is a duly ordained minister of tomary vocation, preaches and teaches religion in accordance with the cere- the principles of religion; and monial rite or discipline of a church, (v) Who administers the ordinances religious sect or organization, but who of public worship as embodied in the does not regularly as his bona fide vo- creed or principles of such church, sect, cation, teach and preach the principles or organization. of religion and administer the ordi- (2) The term regular minister of reli- nances of public worship, as embodied gion means one who as his customary in the creed or principles of his church, vocation preaches and teaches the prin- sect, or organization; or ciples of religion of a church, a reli- (c) He is a regular minister of religious sect, or organization of which he gion, but does not regularly, as his is a member, without having been for- bona fide vocation, teach and preach mally ordained as a minister of reli- the principles of religion; or gion, and who is recognized by such (d) He is not recognized by the church, sect, or organization as a reg- church, sect, or organization as a regular minister. ular minister of religion; or

334

Selective Service System § 1645.9

(e) He is a duly ordained minister of (d) If the board determines that the religion but does not administer the or- registrant is a regular minister of reli- dinances of public worship, as em- gion or duly ordained minister of reli- bodied in the creed of his church, sect, gion he shall be classified in Class 4-D. or organization. § 1645.7 Evaluation of claim. § 1645.5 Impartiality. (a) In evaluating a claim for classi- Boards may not give preferential fication in Class 4-D, the board will not treatment to one religion or sect over consider: another and no preferential treatment (1) The training or abilities of the will be given a duly ordained minister registrant for duty as a minister; or over a regular minister. (2) The motive or sincerity of the registrant in serving as a minister. § 1645.6 Considerations relevant to granting or denying a claim for (b) The board should be careful to as- Class 4-D. certain the actual duties and functions of registrants seeking classification in (a) The board shall first determine Class 4-D, such classification being ap- whether the registrant is requesting propriate only for leaders of the var- classification in Class 4-D because he is ious religious groups, not granted to a regular minister of religion or be- members of such groups generally. cause he is a duly ordained minister of (c) Preaching and teaching the prin- religion. ciples of one’s sect, if performed part- (b) If the registrant claims to be a time or half-time, occasionally or ir- duly ordained minister of religion, the regularly, are insufficient to establish board will: eligiblity for Class 4-D. These activi- (1) Determine whether the registrant ties must be regularly performed and has been ordained, in accordance with must comprise the registrant’s regular the ceremonial ritual or discipline of a calling or full-time profession. The church, religious sect, or organization mere fact of some secular employment established on the basis of a commu- on the part of a registrant requesting nity of faith and belief, doctrines and classification in Class 4-D does not in practices of religious character, to itself make him ineligible for that preach and teach the doctrines of such class. church, sect, or organization and to administer the rites and ceremonies (d) The board should request the reg- thereof in public worship; and istrant to furnish any additional infor- (2) Determine whether the registrant mation that it believes will be of as- as his regular, customary, and bona sistance in the consideration of the fide vocation, preaches and teaches the registrant’s claim for classification in principles of religion and administers Class 4-D. the ordinances of public worship, as § 1645.8 Types of decisions. embodied in the creed or principles of the church, sect, or organization by (a) If the board determines that the which the registrant was ordained. registrant is a regular minister of reli- (c) If the registrant claims to be a gion or a duly ordained minister of re- regular minister of religion, the board ligion, he shall be classified in Class 4- will: D. (1) Determine whether the registrant (b) The board will deny a claim for as his customary and regular calling or Class 4-D when the evidence fails to customary and regular full-time pro- meet the criteria established in this fession, preaches and teaches the prin- part. ciples of religion of a church, a religious sect, or organization of which he § 1645.9 Statement of reason for de- is a member, without having been for- nial. mally ordained as a minister of reli- (a) Denial of a 4-D claim by a board gion; and must be accompanied by a statement (2) Determine whether the registrant specifying the reason(s) for such denial is recognized by such church, sect, or as prescribed in §§ 1633.9, 1651.4 and organization as a regular minister. 1653.3 of this chapter. The reason(s)

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Pt. 1648 32 CFR Ch. XVI (7–1–11 Edition) must in turn, be supported by evidence requests that the denial of such claim in the registrant’s file. be reviewed by the board. (b) If the board’s denial is based on [47 FR 4661, Feb. 1, 1982, as amended at 52 FR statements by the registrant or his 24458, July 1, 1987] witnesses at a personal appearance or on documentation in the registrant’s § 1648.4 Appointment for personal ap- file, such basis will be fully explained pearances. in the statement of reasons accom- (a) Not less than 10 days (unless the panying the denial. registrant requests an earlier appointment) in advance of the meeting at PART 1648—CLASSIFICATION BY which he may appear, the registrant LOCAL BOARD shall be informed of the time and place of such meeting and that he may Sec. present evidence, including witnesses, 1648.1 Authority of local board. bearing on his classification. 1648.3 Opportunity for personal appear- (b) Should the registrant who has ances. filed a claim for classification in Class 1648.4 Appointment for personal appear- 1-A-O or Class 1-O fail to appear at his ances. scheduled personal appearance, the 1648.5 Procedures during personal appear- board will not consider his claim for ance before the local board. classification in Class 1-A-O or Class 1- 1648.6 Registrants transferred for classifica- O. The board shall consider any written tion. explanation of such failure that has 1648.7 Procedures upon transfer for classi- been filed within 5 days (or extension fication. thereof granted by the board) after AUTHORITY: Military Selective Service Act, such failure to appear. It the board de- 50 U.S.C. App. 451 et seq.; E.O. 11623. termines that the registrant’s failure to appear was for good cause it shall § 1648.1 Authority of local board. reschedule the registrant’s personal ap- A local board shall consider and de- pearance. If the board does not receive termine all claims which it receives in a timely written explanation of the accord with § 1633.2 or § 1648.6 of this registrant’s failure to appear for his chapter. No action shall be taken by scheduled personal appearance or if the the board in the absence of a quorum of board determines that the registrant’s its prescribed membership. failure to appear was not for good cause, the registrant will be deemed to [52 FR 24458, July 1, 1987] have abandoned his claim for Class 1-A- O or 1-O and will be notified that his § 1648.3 Opportunity for personal ap- claim will not be considered. The board pearances. will notify the registrant in writing of (a) A registrant who has filed a claim its action under this paragraph. for classification in Class 1-A-O or (c) Whenever a registrant who has Class 1-O shall be scheduled for a per- filed a claim for a class other than sonal appearance in accord with § 1648.4 Class 1-A-0 or Class 1-0 for whom a per- before his claim is considered. sonal appearance has been scheduled, (b) A registrant who has filed a claim fails to appear in accord with such for classification in Class 2-D, Class 3- schedule, the board shall consider any A, or Class 4-D, shall, upon his written written explanation of such failure that has been filed within 5 days (or ex- request, be afforded an opportunity to tension thereof granted by the board) appear in person before the board be- after such failure to appear. If the fore his claim for classification is con- board determines that the registrant’s sidered. failure to appear was for good cause it (c) Any registrant who has filed a shall reschedule the registrant’s per- claim for classification in an adminis- sonal appearance. If the board does not trative class and whose claim has been receive a timely written explanation of denied, shall be afforded an oppor- the registrant’s failure to appear for tunity to appear before the board if he his scheduled personal appearance or if

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Selective Service System § 1648.6 the board determines that the reg- choosing and may confer with the advi- istrant’s failure to appear was not for sor before responding to an inquiry or good cause, the registrant will be statement by the board: Provided, That, deemed to have abandoned his request those conferences do not substantially for personal appearance and the board interfere with or unreasonably delay will proceed to classify him on the the orderly process of the personal ap- basis of the material in his file. The pearance. board will notify the registrant in writ- (g) If, in the opinion of the board, the ing of its action under this paragraph. informal, administrative nature of the [47 FR 4661, Feb. 1, 1982, as amended at 52 FR personal appearance is unduly dis- 24458, July 1, 1987] rupted by the presence of an advisor, the board chairman may require the § 1648.5 Procedures during personal advisor to leave the hearing room. In appearance before the local board. such case, the board chairman shall (a) A quorum of the prescribed mem- put a statement of reasons for his ac- bership of a board shall be present dur- tion in the registrant’s file. ing all personal appearances. Only (h) The making of verbatim tran- those members of the board before scripts, and the using of cameras or whom the registrant appears shall clas- other recording devices are prohibited sify him. in proceedings before the board. This (b) At any such appearance, the reg- does not prevent the registrant or Se- istrant may present evidence, includ- lective Service from making a written ing witnesses; discuss his classifica- summary of all testimony presented. tion; direct attention to any informa- (i) Proceedings before the local tion in his file; and present such fur- boards shall be open to the public only ther information as he believes will as- upon the request of or with the permis- sist the board in determing his proper sion of the registrant. The board chair- classification. The information fur- man may limit the number of persons nished should be as concise as possible. attending the hearing in order to main- (c) The registrant may present the tain order. If during the hearing the testimony of not more than three wit- presence on nonparticipants in the pro- nesses unless it is the judgment of the ceeding becomes disruptive, the chair- board that the testimony of additional man may close the hearing. witnesses is warranted. The registrant [47 FR 4661, Feb. 1, 1982, as amended at 52 FR may summarize in writing, the oral in- 24459, July 1, 1987] formation that he or his witnesses presented. Such summary shall be placed § 1648.6 Registrants transferred for in the registrant’s file. classification. (d) A summary will be made of all (a) Before a board of jurisdiction has oral testimony given by the registrant undertaken the classification of a reg- and his witnesses at his personal ap- istrant, the file may, at his request, be pearance and such summary shall be transferred for classification to a local placed in the registrant’s file. board nearer to his current address (e) If the registrant does not speak than is the local board of jurisdiction. English adequately he may appear with (b) The Director of Selective Service a person to act as interpreter for him. may transfer a registrant to another The interpreter shall be sworn in ac- board for classification at any time cordance with § 1605.81(b). Such inter- when: preter will not be deemed to be a wit- ness unless he testifies in behalf of the (1) A board cannot act on the reg- registrant. istrant’s claim because of disqualifica- (f) During the personal appearance tion under the provisions of § 1605.55 of only the registrant or his witnesses this chapter; or may address the board or respond to (2) He deems such transfer to be nec- questions of the board and only the essary in order to assure equitable ad- registrant and the board will be al- ministration of the Selective Service lowed to address questions to wit- Law. nesses. A registrant may, however, be [47 FR 4661, Feb. 1, 1982, as amended at 52 FR accompanied by an advisor of his 24459, July 1, 1987]

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§ 1648.7 32 CFR Ch. XVI (7–1–11 Edition)

§ 1648.7 Procedures upon transfer for tion. The registrant who wishes a per- classification. sonal appearance before the district ap- A board to which a registrant is peal board must file the request at the transferred for classification shall clas- same time he files the appeal. sify the registrant in the same manner § 1651.3 Procedures for taking an ap- it would classify a registrant assigned peal. to it. When the classification has been decided by the transfer board, the file (a) When the Director of Selective will be returned to the local board of Service appeals to a district appeal jurisdiction in the manner prescribed board he shall place in the registrant’s by the Director. file a written statement of his reasons for taking such appeal. When an appeal [47 FR 4661, Feb. 1, 1982] is taken by the Director, the registrant will be notified that the appeal has PART 1651—CLASSIFICATION BY been taken, the reason therefor, and DISTRICT APPEAL BOARD that the registrant may appear in person before the appeal board in accord Sec. with § 1651.4(e). 1651.1 Who may appeal to a district appeal (b) The registrant may appeal the board. classification action of the local board 1651.2 Time within which registrants may by filing with it a written notice of ap- appeal. peal. The registrant’s notice of appeal 1651.3 Procedures for taking an appeal. need not be in a particular form but 1651.4 Review by district appeal board. 1651.5 File to be returned after appeal to the must include the name of the reg- district appeal board is decided. istrant and his request. Any notice shall be liberally construed so as to AUTHORITY: Military Selective Service Act, permit the appeal. 50 U.S.C. App. 451 et seq. E.O. 11623. (c) The registrant may also request SOURCE: 47 FR 4662, Feb. 1, 1982, unless oth- an opportunity to appear in person be- erwise noted. fore the district appeal board and such

§ 1651.1 Who may appeal to a district appeal will be considered by the board appeal board. having jurisdiction over the local board which last classified him. (a) The Director of Selective Service (d) The registrant may attach to his may appeal from any determination of appeal a statement specifying the rea- a local board when he deems it nec- sons he believes the classification ac- essary to assure the fair and equitable tion that he is appealing is inappro- administration of the Selective Service priate, directing attention to any in- Law: Provided, That, no such appeal formation in his file, and setting out will be taken after the expiration of any information relevant to his claim. the appeal period prescribed in § 1651.2. (b) The registrant may appeal to a § 1651.4 Review by district appeal district appeal board the denial of his board. claim for a judgmental classification (a) An appeal to the district appeal by the local board. The registrant may board is determined by the classifica- appeal to a district appeal board the tion of the registrant in a class other denial of his claim for an administra- than 1-A or by its refusal to take such tive classification by the local board action. No action shall be taken by the whenever its decisions is not unani- board in the absence of a quorum of its mous. prescribed membership. [47 FR 4662, Feb. 1, 1982, as amended at 52 FR (b) Prior to the adjudication of an ap- 24459, July 1, 1987] peal, the clerk of the appeal board or any compensated employee authorized § 1651.2 Time within which registrants to perform the administrative duties of may appeal. the board shall review the file to insure The registrant who wishes to appeal that no procedural errors have oc- must file the appeal with his local curred during the history of the cur- board within 15 days after the date he rent claim. Files containing procedural is mailed a notice of classification ac- errors will be returned to the local

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Selective Service System § 1651.4 board that classified the registrant for appear in accord with such schedule, any additional processing necessary to the board shall consider any written correct such errors. explanation of such failure that has (c) Files containing procedural errors been filed within 5 days (or extension that were not detected during the ini- thereof granted by the board) after tial screening but which subsequently such failure to appear. If the board de- surfaced during processing by the ap- termines that the registrant’s failure peal board, will be acted on and the to appear was for good cause it shall board will take such action necessary reschedule the registrant’s personal ap- to correct the errors and process the pearance. If the board does not receive appeal to completion. a timely written explanation of the (d) A board shall consider appeals in registrant’s failure to appear for his the order of their having been filed. scheduled personal appearance or if the (e) Upon receipt of the registrant’s board determines that the registrant’s file, a board shall ascertain whether failure to appear was not for good the registrant has requested a personal cause, the registrant will be deemed to appearance before the board. If no such have abandoned his request for per- request has been made, the board may sonal appearance and he will be classi- classify the registrant on the bases of fied on the basis of the material in his the material in his file. file. The board will notify the reg- (f) Not less than 10 days (unless the istrant in writing of its action under registrant requests an earlier appoint- this paragraph. ment) in advance of the meeting at which his classification will be consid- (j) A quorum of the prescribed mem- ered, the board shall inform any reg- bership of a board shall be present dur- istrant with respect to whom the Di- ing all personal appearances. Only rector of Selective Service has ap- those members of the board before pealed or who has requested a personal whom the registrant appears shall clas- appearance that he may appear at such sify him. meeting and present written evidence (k) At any personal appearance, the bearing on his classification. registrant may: Present his oral testi- (g) During the personal appearance, mony; point out the class or classes in only the registrant may address the which he thinks he should have been board or respond to questions of the placed; and direct attention to any in- board. The registrant will not be per- formation in his file. The registrant mitted to present witnesses at the per- may present any additional written in- sonal appearance before the district ap- formation he believes will assist the peal board. A registrant may, however, board in determining his proper classi- be accompanied by an advisor of his fication. The information furnished choosing and may confer with the advi- should be as concise as possible. sor before responding to an inquiry or (l) The registrant may summarize in statement by the board: Provided, That, writing the oral information that he those conferences do not substantially presented. Such summary shall be interfere with or unreasonably delay placed in the registrant’s file. the orderly process of the personal ap- (m) A summary will be made of oral pearance. testimony given by the registrant at (h) If, in the opinion of the board, the his personal appearance and such sum- informal, administrative nature of the mary shall be placed in the registrant’s hearing is unduly disrupted by the file. presence of an advisor during the per- (n) A district appeal board shall clas- sonal appearance, the board chairman sify a registrant who has requested a may require the advisor to leave the personal appearance after he: hearing room. In such case, the board chairman shall put a statement of rea- (1) Has appeared before the board; or sons for his action in the registrant’s (2) Has withdrawn his request to ap- file. pear; or (i) Whenever a registrant who has (3) Has abandoned his right to an op- filed a claim for whom a personal ap- portunity to appear; or pearance has been scheduled, fails to (4) Has failed to appear.

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§ 1651.5 32 CFR Ch. XVI (7–1–11 Edition)

(o) In considering a registrant’s ap- § 1653.1 Who may appeal to the Presi- peal, a board shall not receive or con- dent. sider any information other than the (a) The Director of Selective Service following: may appeal to the President from any (1) Information contained in the reg- non-unanimous determination of a dis- istrant’s file; and trict appeal board when he deems it (2) Oral statements by the registrant necessary to assure the fair and equi- during the registrant’s personal ap- table administration of the Selective pearance; and Service Law: Provided, That, no such (3) Written evidence submitted by the appeal will be taken after the expira- registrant to the board during his per- tion of the appeal period prescribed in sonal appearance. paragraph (b) of this section. (p) In the event a board classifies the (b) When a registrant has been classi- registrant in a class other than that fied by a district appeal board and one which he requested, it shall record its or more members of the board dis- reasons therefor in the file. sented from that classification, he may (q) The making of verbatim tran- within 15 days after a notice thereof scripts, and the using of cameras or has been mailed, appeal to the Presi- other recording devices are prohibited dent and may request a personal ap- in proceedings before the board. This pearance before the National Selective does not prevent the registrant or Se- Service Appeal Board. lective Service from making a written summary of his testimony. § 1653.2 Procedures for taking an ap- (r) Proceedings before the appeal peal to the President. boards shall be open to the public only (a) When the Director of Selective upon the request of or with the permis- Service appeals to the President he sion of the registrant. The board chair- shall place in the registrant’s file a man may limit the number of persons written statement of his reasons for attending the hearing in order to main- taking such appeal. When an appeal is tain order. If during the hearing the taken by the Director the registrant presence of non-participants in the pro- will be notified that the appeal has ceedings becomes disruptive the chair- been taken, the reasons therefor, and man may close the hearing. that the registrant may appear in per- [47 FR 4662, Feb. 1, 1982, as amended at 52 FR son before the National Board in ac- 24459, July 1, 1987] cord with § 1653.1(b). (b) An appeal to the President by the § 1651.5 File to be returned after ap- registrant shall be taken by filing a peal to the district appeal board is written notice of appeal with the local decided. board that classified him. He may at When the appeal to a district appeal the same time file a written request to board has been decided, the file shall be appear before the National Selective returned as prescribed by the Director Service Appeal Board. Such notice of Selective Service. need not be in any particular form but must state the name of the registrant PART 1653—APPEAL TO THE and the fact that he wishes the Presi- PRESIDENT dent to review the determination.

§ 1653.3 Review by the National Ap- Sec. peal Board. 1653.1 Who may appeal to the President. 1653.2 Procedures for taking an appeal to (a) An appeal to the President is de- the President. termined by the National Appeal Board 1653.3 Review by the National Appeal by its classification of the registrant in Board. a class other than 1-A or by its refusal 1653.4 File to be returned after appeal to the to take such action. No action shall be President is decided. taken by the board in the absence of a AUTHORITY: Military Selective Service Act, quorum of its prescribed membership. 50 U.S.C. App. 451 et seq.: E.O. 11623. (b) Prior to the adjudication of an ap- SOURCE: 47 FR 4663, Feb. 1, 1982, unless oth- peal, the clerk of the appeal board or erwise noted. any compensated employee authorized

340

Selective Service System § 1653.3 to perform the administrative duties of the board chairman may require the the board shall review the file to insure advisor to leave the hearing room. In that no procedural errors have oc- such a case, the board chairman shall curred during the history of the cur- put a statement of reasons for his ac- rent claim. Files containing procedural tion in the registrant’s file. errors will be returned to the board (j) Whenever a registrant who has where the errors occurred for any addi- filed a claim for whom a personal ap- tional processing necessary to correct pearance has been scheduled fails to such errors. appear in accord with such schedule, (c) Files containing procedural errors the board shall consider any written that were not detected during the ini- explanation of such failure that has tial screening but which subsequently been filed within five days (or exten- surfaced during processing by the ap- sion thereof granted by the board) after peal board, will be acted on and the such failure to appear. If the board de- board will take such action necessary termines that the registrant’s failure to correct the errors and process the to appear was for good cause it shall appeal to completion. reschedule the registrant’s personal ap- (d) The board shall consider appeals pearance. If the board does not receive in the order of their having been filed. a timely written explanation of the (e) Upon receipt of the registrant’s registrant’s failure to appear for his file, the board shall ascertain whether scheduled personal appearance or if the the registrant has requested a personal board determines that the registrant’s appearance before the board. If no such failure to appear was not for good request has been made, the board may cause, the registrant will be deemed to classify the registrant on the basis of have abandoned his request for per- the material in his file. sonal appearance and the board will (f) The board shall proceed to classify proceed to classify him on the basis of any registrant who has not requested a the material in his file. The registrant personal appearance after the specified will be notified in writing of its action time in which to request a personal ap- under this paragraph. pearance has elapsed. (k) A quorum of the prescribed mem- (g) Not less than 10 days in advance bership of a board shall be present dur- of the meeting at which his claim will ing all personal appearances. Only be considered, the board shall inform those members of the board before any registrant with respect to whom whom the registrant appears shall clas- the Director of Selective Service has sify him. appealed or who has requested a per- (l) At any such appearance, the reg- sonal appearance that he may appear istrant may: Present oral testimony; at such meeting and present written point out the class or classes in which evidence bearing on his classification. he thinks he should have been placed; (h) During the personal appearance and direct attention to any informa- only the registrant may address the tion in his file. The registrant may board or respond to questions of the present such further written informa- board. The registrant will not be per- tion as he believes will assist the board mitted to present witnesses at the per- in determining his proper classifica- sonal appearance before the National tion. The information furnished should Appeal Board. A registrant may, how- be as concise as possible. ever, be accompanied by an advisor of (m) The registrant may summarize in his choosing and may confer with the writing the oral information that he advisor before responding to an inquiry presented and any such summary shall or statement by the board: Provided, be placed in his file. That, those conferences do not sub- (n) A summary will be made of the stantially interfere with or unreason- oral testimony given by the registrant ably delay the orderly process of the at his personal appearance and such personal appearance. summary shall be placed in the reg- (i) If, in the opinion of the board, the istrant’s file. informal, administrative nature of the (o) The board shall classify a reg- personal appearance is unduly dis- istrant who has requested a personal rupted by the presence of an advisor, appearance after he:

341

§ 1653.4 32 CFR Ch. XVI (7–1–11 Edition)

(1) Has appeared before the National 1656.7 Employer responsibilities. B oard; or 1656.8 Employment agreements. (2) Has withdrawn his request to ap- 1656.9 Alternative service worker’s respon- pear; or sibilities. (3) Has waived his right to an oppor- 1656.10 Job placement. tunity to appear; or 1656.11 Job performance standards and sanc- (4) Has failed to appear. tions. (p) Whenever the National Board or 1656.12 Job reassignment. the panel thereof to which a case has 1656.13 Review of alternative service job assignments. been assigned cannot act on the case of 1656.14 Postponement of reporting date. a registrant, and there is no other 1656.15 Suspension of order to perform alter- panel of the National Board to which native service because of hardship to de- the case may be transferred, the deci- pendents. sion of the District Appeal Board will 1656.16 Early release—grounds and proce- be final. dures. (q) In considering a registrant’s ap- 1656.17 Administrative complaint process. peal, the board shall not receive or con- 1656.18 Computation of creditable time. sider any information other than the 1656.19 Completion of alternative service. following: 1656.20 Expenses for emergency medical (1) Information contained in the reg- care. istrant’s file; and AUTHORITY: Sec. 6(j) Military Selective (2) Oral statements by the registrant Service Act; 50 U.S.C. App. 456(j). at the registrant’s personal appearance; and SOURCE: 48 FR 16676, Apr. 19, 1983, unless otherwise noted. (3) Written evidence submitted by the registrant to the board during his per- § 1656.1 Purpose; definitions. sonal appearance. (r) In the event that the board classi- (a) The provisions of this part govern fies the registrant in a class other than the administration of registrants in that which he requested, it shall record Class 1-W and the Alternative Service its reasons therefor in his file. Program. (s) The making of verbatim tran- (b) The definitions of this paragraph scripts, and the using of cameras or shall apply in the interpretation of the other recording devices are prohibited provisions of this part: in proceedings before the board. This (1) Alternative Service (AS). Civilian does not prevent the registrant or Se- work performed in lieu of military lective Service from making a written service by a registrant who has been summary of his testimony. classified in Class 1-W. (t) Proceedings before the National (2) Alternative Service Office (ASO). An Appeal Board are closed to the public. office to administer the Alternative [47 FR 4663, Feb. 1, 1982, as amended at 52 FR Service Program in a specified geo- 24459, July 1, 1987] graphical area. (3) Alternative Service Office Manager § 1653.4 File to be returned after ap- (ASOM). The head of the ASO. peal to the President is decided. (4) Alternative Service Work. Civilian When the appeal to the President has work which contributes to the mainte- been decided, the file shall be returned nance of the national health, safety or as prescribed by the Director of Selec- interest, as the Director may deem ap- tive Service. propriate. (5) Alternative Service Worker (ASW). A PART 1656—ALTERNATIVE SERVICE registrant who has been found to be qualified for service and has been or- Sec. dered to perform alternative service 1656.1 Purpose; definitions. (Class 1-W). 1656.2 Order to perform alternative service. (6) Creditable Time. Time that is 1656.3 Responsibility for administration. counted toward an ASWs fulfillment of 1656.4 Alternative Service Office: jurisdiction and authority. his alternative service obligation. 1656.5 Eligible employment. (7) Director. The Director of Selective 1656.6 Overseas assignments. Service, unless used with a modifier.

342

Selective Service System § 1656.2

(8) Employer. Any institution, firm, duction conflicts with a religious holi- agency or corporation engaged in law- day historically observed by a recog- ful activity in the United States, its nized church, religious sect or religious territories or possessions, or in the organization of which he is a member. Commonwealth of Puerto Rico, that Any registrant so delayed shall report has been approved by Selective Service for alternative service on the next to employ ASWs. business day following the religious (9) Job Assignment. A job with an eli- holiday. gible employer to which an ASW is as- (d)(1) Any registrant who is satisfac- signed to perform his alternative serv- torily pursuing a full-time course of in- ice. struction at a high school or similar (10) Job Bank. A current inventory of institution of learning and is issued an alternative service job openings. order to perform alternative service (11) Job Matching. A comparison of shall, upon presentation of appropriate the ASW’s work experience, education, facts in the manner prescribed by the training, special skills, and work pref- Director of Selective Service, have his erences with the requirements of the date to report to perform alternative positions in the job bank. service postponed: (12) Job Placement. Assignment of the (i) Until the time of his graduation ASW to alternative service work. therefrom; or (13) Open Placement. The assignment (ii) Until he attains the twentieth an- of ASWs without employer interview to niversary of his birth; or employers who have agreed to employ (iii) Until the end of his last aca- all ASWs assigned to them up to an demic year, even if he has attained the agreed number. twentieth anniversary of his birth; or [48 FR 16676, Apr. 19, 1983, as amended at 69 (iv) Until he ceases satisfactorily to FR 20544, Apr. 16, 2004] pursue such course of instruction, whichever is the earliest. § 1656.2 Order to perform alternative (2) Any registrant who, while satis- service. factorily pursuing a full-time course of (a) The local board of jurisdiction instruction at a college, university or shall order any registrant who has been similar institution of learning, is or- classified in Class 1-O or 1-O-S to per- dered to perform alternative service form alternative service at a time and shall, upon the presentation of appro- place to be specified by the Director. priate facts in the manner prescribed (b) When the local board orders a reg- by the Director of Selective Service, istrant to perform alternative service, have his date to report to perform al- it shall be the duty of the registrant to ternative service. report for and perform alternative (i) Until the end of the semester or service at the time and place ordered term, or in the case of his last aca- unless the order has been canceled. If demic year, the end of the academic the time when the registrant is ordered year; or to report for alternative service is (ii) Until he ceases to satisfactorily postponed, it shall be the continuing pursue such course of instruction, duty of the registrant to report for and whichever is the earlier. perform alternative service at such (e) After the order to perform alter- time and place as he may be reordered. native service has been issued, the Di- Regardless of the time when or the cir- rector may postpone for a specific time cumstances under which a registrant the date when such registrant is re- fails to report for and perform alter- quired to report in the following cir- native service when it is his duty to do cumstances: so, it shall thereafter be his continuing (1) In the case of the death of a mem- duty from day to day to report for and ber of the registrant’s immediate fam- perform alternative service at the ily, extreme emergency involving a place specified in the order to report member of the registrant’s immediate for and perform alternative service. family, serious illness or injury of the (c) The Director may authorize a registrant, or other emergency beyond delay of reporting for alternative serv- the registrant’s control. The period of ice for any registrant whose date of in- postponement shall not exceed 60 days

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§ 1656.3 32 CFR Ch. XVI (7–1–11 Edition) from the date of the order to perform (10) Refer to the Department of Jus- alternative service. When necessary, tice, when appropriate, any ASW who the Director may grant one further fails to perform satisfactorily his alter- postponement but the total postpone- native service; ment shall not exceed 90 days from the (11) Perform all other functions nec- reporting date on the order to perform essary for the administration of the Al- alternative service. ternative Service Program; and (2) When the registrant qualifies and (12) Delegate any of his authority to is scheduled for a State or National ex- such office, agent or person as he may amination in a profession or occupa- designate and provide as appropriate tion which requires certification before for the subdelegation of such author- being authorized to engage in the prac- ity. tice of that profession or occupation. (b) The Region Director shall be re- (f) The Director shall issue to each sponsible for the administration and registrant whose reporting date to per- operation of the Alternative Service form alternative service is postponed a Program in his Region as prescribed by written notice thereof. the Director. (g) A postponement of reporting date (c) The State Director shall perform to perform alternative service shall not duties for the administration and oper- render invalid the order to report for ation of the Alternative Service Pro- alternative service which has been gram in his State as prescribed by the issued to the registrant, but shall oper- Director. ate only to postpone the reporting (d) The ASOM shall perform duties date, and the registrant shall report on for the administration and operation of the new date scheduled without having the Alternative Service Program as issued to him a new order to report for prescribed by the Director. alternative service. (1) The ASO shall be an office of (h) Any registrant receiving a post- record that is responsible for the ad- ponement under the provisions of this ministration and operation of the Al- section, shall, after the expiration of ternative Service Program in its as- such postponement, be rescheduled to signed geographical area of jurisdic- report for alternative service at the tion. place to which he was originally or- (2) The staff of each ASO shall con- dered. sist of as many compensated employees [52 FR 8891, Mar. 20, 1987] as shall be authorized by the Director. (3) Appointment of civilians to ASO § 1656.3 Responsibility for administra- positions requiring direct dealing with tion. ASWs will be made as soon as feasible. (a) The Director in the administra- (e) The manager of an area office tion of the Alternative Service Pro- shall perform duties for Alternative gram shall establish and implement ap- Service as prescribed by the Director. propriate procedures to: (1) Assure that the program complies [48 FR 16676, Apr. 19, 1983, as amended at 69 with the Selective Service Law; FR 20544, Apr. 16, 2004]

(2) Provide information to ASWs § 1656.4 Alternative Service Office: ju- about their rights and duties; risdiction and authority. (3) Find civilian work for ASWs; (4) Place ASWs in jobs approved for (a) Jurisdiction over the ASW will be alternative service; transferred from the area office imme- (5) Monitor the work performance of diately after his classification in Class ASWs placed in the program; 1-W to the ASO that administers the (6) Order reassignment and authorize Alternative Service Program in the job separation; area in which he is assigned to perform (7) Issue certificates of completion; alternative service. (8) Specify the location of Alter- (b) The ASO shall: native Service Offices; (1) Evaluate and approve jobs and (9) Specify the geographical area in employers for Alternative Service; which the ASOs shall have jurisdiction (2) Order the ASW to report for alter- over ASWs; native service work;

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Selective Service System § 1656.6

(3) Issue such orders as are required medial programs and scientific re- to schedule the ASW for job interviews; search; (4) Issue such orders as are required (iii) Environmental programs, includ- to schedule the ASW for job placement; ing but not limited to conservation and (5) Monitor the ASW’s job perform- firefighting, park and recreational ac- ance; tivities, pollution control and moni- (6) Issue a certificate of satisfactory toring systems, and disaster relief; completion of the ASW’s Alternative (iv) Social services, including but not Service obligation; limited to sheltered or handicapped (7) Return the ASW to the jurisdic- workshops, vocational training or re- tion of the area office from which he training programs, senior citizens ac- was directed to perform Alternative tivities, crisis intervention and poverty Service; and relief; (8) Perform such other actions the (v) Community services, including Director may authorize as necessary to but not limited to fire protection, pub- administer the Alternative Service lic works projects, sanitation services, Program. school or public building maintenance, correctional facility support programs, § 1656.5 Eligible employment. juvenile rehabilitation programs, and (a) The Director will determine in ac- (vi) Agricultural work. cordance with the Selective Service (b) An organization desiring to em- Law which civilian employment pro- ploy ASWs is encouraged to submit a grams or activities are appropriate for request in writing to the Director or an Alternative Service work. ASOM for approval. Such requests will (1) Employers which are considered be considered at any time. appropriate for Alternative Service as- (c) Selective Service shall negotiate signments are limited to: employment agreements with prospec- (i) The U.S. Government or a state, tive employers with the objective of territory or possession of the United obtaining an adequate number of States or a political subdivision there- agreements to assure the timely place- of, the District of Columbia or the ment of all ASWs. Participating em- Commonwealth of Puerto Rico; ployers will provide prospective job (ii) Organizations, associations or listings to Selective Service. corporations primarily engaged either (d) Selective Service shall also nego- in a charitable activity conducted for tiate employment agreements with eli- the benefit of the general public or in gible employers wherein the employer carrying out a program for the im- will agree to hire a specified number of provement of the public health, welfare ASWs for open placement positions. or environment, including educational (e) A registrant classfied in Class 1-O and scientific activities in support or Class 1-O-S may seek his own alter- thereof, when such activity or program native service work by identifying a is not principally for the benefit of the job with an employer he believes would members of such organization, associa- be appropriate for Alternative Service tion or corporation or for increasing assignments and by having the em- the membership thereof. ployer advise the ASO in writing that (2) Employment programs or activi- he desires to employ the ASW. The ac- ties generally considered to be appro- ceptability of the job and employer so priate for Alternative Service work in- identified will be evaluated in accord- clude: ance with § 1656.5(a). (i) Health care services, including but [48 FR 16676, Apr. 19, 1983, as amended at 51 not limited to hospitals, nursing FR 17627, May 14, 1986; 52 FR 8892, Mar. 20, homes, extended care facilities, clinics, 1987; 54 FR 27001, June 27, 1989] mental health programs, hospices, community outreach programs and § 1656.6 Overseas assignments. hotlines; Alternative Service job assignments (ii) Educational services, including outside the United States, its terri- but not limited to teachers, teacher’s tories or possessions or the Common- aides, counseling, administrative sup- wealth of Puerto Rico, will be allowed port, parent counseling, recreation, re- when:

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§ 1656.7 32 CFR Ch. XVI (7–1–11 Edition)

(a) The employer is deemed eligible produces substantial evidence of viola- to employ ASWs and is based in the tions of § 1656.7, Selective Service will United States, its territories or posses- resolve the matter. sions, or the Commonwealth of Puerto (d) Termination of Employment Agree- Rico; ment. If a resolution of a dispute can- (b) The job meets the criteria listed not be reached by negotiation within a in § 1656.5(a); reasonable time, the Selective Service (c) The ASW and the employer sub- System shall terminate the employ- mit a joint application to Selective ment agreement and shall reassign the Service for the ASW to be employed in ASW. a specific job; (d) The employer satisfies Selective § 1656.9 Alternative service worker’s Service that the employer has the ca- responsibilities. pability to supervise and monitor the (a) A registrant classified in Class 1- overseas work of the ASW; and W is required to comply with all orders (e) International travel is provided issued under this part. without expense to Selective Service. (b) A registrant classified in Class 1- W is liable to perform 24 months of § 1656.7 Employer responsibilities. creditable time toward completion of Employers participating in the Alter- Alternative Service, unless released native Service Program are responsible earlier by the Director. for: (a) Complying with the employment § 1656.10 Job placement. agreement with Selective Service; (a) Selective Service will maintain a (b) Providing a clear statement of du- job bank for the exclusive purpose of ties, responsibilities, compensation and placing ASWs in alternative service employee benefits to the ASW; jobs. (c) Providing full-time employment (b) An ASW who has identified his for ASWs; own job in accordance with § 1656.5(e) of (d) Assuring that wages, hours and this part may be assigned by the ASO working conditions of ASWs confrom in that job pending review of the job by with Federal, state and local laws; Selective Service. If the job is then ap- (e) Providing adequate supervision of proved as Alternative Service Work in ASWs in their employ; and accordance with § 1656.5(a) the ASW (f) Providing nondiscriminatory will receive creditable time beginning treatment of ASWs in their employ. with the date he was placed on the job by Selective Service. If the job is not § 1656.8 Employment agreements. approved he will not receive creditable (a) Nature of Agreement. Before any time and will be placed by Selective ASW is placed with an employer, Selec- Service in a position approved for Al- tive Service and the employer shall ternative Service Work. Selective enter into an employment agreement Service must review the job within 30 that specifies their respective duties calendar days of the time it assigned and responsibilities under the Alter- the ASW to begin work. If the elapsed native Service Program. time from date of placement to the (b) Restrictions on Selective Service. date of Selective Service review ex- The Selective Service System shall not ceeds 30 days, the ASW will receive act in any controversy involving creditable time from the date of place- ASW’s wages, hours and working condi- ment regardless of the final determinations except to the extent any of these tion of employer eligibility made by subjects is specifically covered in Selective Service. If the placement is § 1656.7, § 1656.9, or the employment ultimately determined to be inappro- agreement between Selective Service priate for Alternative Service the ASW and the employer. will be reassigned in accordance with (c) Investigating and Negotiating. § 1656.12. Whenever there is evidence that an em- (c) In making job interview referrals ployer appears to be in violation of and in making assignments of ASWs to § 1656.7, Selective Service will inves- jobs, Selective Service will consider tigate the matter. If the investigation the compatibility of the ASW’s skills,

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Selective Service System § 1656.13 work experience, and preferences with § 1656.12 Job reassignment. the qualification criteria for the job. (a) Grounds for Reassignment. The Di- (d) When An ASW is hired, the ASO rector may reassign an ASW whenever will issue a Job Placement Order speci- the Director determines that: fying the employer, the time, date and (1) The job assignment violates the place to report for his alternative serv- ASW’s religious, moral or ethical be- ice work. liefs or convictions as to participation (e) The ASO will normally place the in a war that led to his classification ASW in an alternative service job with- as a conscientious objector or violates in 30 calendar days after classification § 1656.5(a) of this part. in Class 1-W. (2) An ASW experiences a change in his mental or physical condition which § 1656.11 Job performance standards renders him unfit or unable to continue and sanctions. performing satisfactorily in his as- (a) Standards of Performance. An ASW signed job; is responsible for adhering to the (3) An ASW’s dependents incur a standards of conduct, attitude, appear- hardship which is not so severe as to ance and performance demanded by the justify a suspension of the Order to employer of his other employees in Perform Alternative Service under similar jobs. If there are no other em- § 1656.15; ployees, the standards shall conform to (4) The ASW’s employer ceases to op- those that are reasonable and cus- erate an approved program or activity; tomary in a similar job. (5) The ASW’s employer fails to com- (b) Failure to Perform. An ASW will be ply with terms and conditions of these deemed to have failed to perform satis- regulations or; factorily whenever: (6) Continual and severe differences (1) He refuses to comply with an between the ASW’s employer and ASW order of the Director issued under this remain unresolved. part; (7) The sanctions authorized in (2) He refuses employment by an ap- § 1656.11 should be applied. proved employer who agrees to hire (b) Who May Request Reassignment. him; Any ASW may request reassignment to (3) His employer terminates the another job. An employer may request ASW’s employment because his con- job reassignment of an ASW who is in duct, attitude, appearance or perform- his employ. ance violates reasonable employer (c) Method for Obtaining a Reassign- standards; or ment. All requests for reassignment (4) He quits or leaves his job without must be in writing with the reasons reasonable justification, and has not specified. The request may be filed submitted an appeal of his job assign- with the ASO of jurisdiction at any ment to the District Appeal Board. time during an ASW’s alternative service employment. An ASW must con- (c) Sanctions for ASW’s Failure to Per- tinue in his assigned job, if available, form. (1) The sanctions for failure to until the request for assignment is ap- meet his Alternative Service obliga- proved. tion are job reassignment, loss of creditable time during such period and re- § 1656.13 Review of alternative service ferral to the Department of Justice for job assignments. failure to comply with the Military Se- (a) Review of ASW job assignments lective Service Act. will be accomplished in accordance (2) Prior to invoking any of the sanc- with the provisions of this subsection. tions discussed herein, the ASO will (b) Whenever the ASW believes that conduct a review as prescribed in his job assignment violates his reli- § 1656.17 of all allegations that an ASW gious, moral or ethical beliefs or con- has failed to perform pursuant to any victions as to participation in war that of the provisions of § 1656.11(b). led to his classification as a conscien- [48 FR 16676, Apr. 19, 1983, as amended at 69 tious objector or is in violation of the FR 20544, Apr. 16, 2004] provisions of this part he may request

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§ 1656.14 32 CFR Ch. XVI (7–1–11 Edition) a reassignment by the ASOM, as pro- § 1656.14 Postponement of reporting vided for in § 1656.12. date. (c) The ASOM shall reassign the ASW (a) General. The reporting date in any if the ASOM concludes that the ASW’s of the following orders may be post- work assignment violates his religious, poned in accord with this section. moral or ethical beliefs or convictions (1) Report for Job Placement; as to participation in war which led to (2) Report for a Job Interview; or his classification as a CO or is in viola- (3) Report to an Employer to Com- tion of the provisions of this part. mence Employment. (d) If the ASOM does not reassign the (b) Requests for Postponement. A re- ASW, the ASW may, within 15 days quest for postponement of a reporting after the date of mailing of the deci- date specified in an order listed in sion of the ASOM, request a review of paragraph (a) must be made in writing his job assignment by a District Appeal and filed prior to the reporting date Board. with the office which issued the order. (e) It shall be the function of the Dis- Such requests must include a state- trict Appeal Board to determine wheth- ment of the nature of the emergency er or not an ASW’s job assignment vio- and the expected period of its duration. lates the ASW’s religious, moral, or (c) Grounds for Postponement. An ASW ethical beliefs of convictions as to par- may, upon presentation of the appro- ticipation in war which led to his clas- priate facts in his request, be granted a sification as a conscientious objector postponement based on one or more of or is in violation of the provisions the following conditions: § 1656.5(a) of this part. In making the (1) The death of a member of his im- former determination, the Review mediate family; Board must be convinced by the ASW (2) An extreme emergency involving that if the ASW performed the job, his a member of his immediate family; convictions as to participation in war (3) His serious illness or injury; or would be violated in a similar way as if (4) An emergency condition directly the ASW had participated in war. affecting him which is beyond his con- (f) The District Appeal Board may af- trol. firm the assignment or order the reas- (d) Basis for Considering Request. The signment of the ASW in any matter ASW’s eligibility for a postponement considered by it. shall be determined by the office of ju- (g) Procedures of the District Appeal risdiction based upon official docu- Board are: ments and other written information (1) Appeals to the Board shall be in contained in his file. Oral statements writing, stating as clearly as possible made by the ASW or made by another the ground for the appeal. person in support of the ASW shall be (2) The ASW may appear before the reduced to writing and placed in the Board at his request. He may not be ASW’s file. represented by counsel or present wit- (e) Duration of Postponement. The ini- nesses. The ASOM or his representative tial postponement shall not exceed 60 may represent the Selective Service days from the reporting date in the System at the hearing and present evi- order. When necessary, the Director dence. may grant one further postponement, (3) The Board’s determination will be but the total postponement period based on all documents in the ASW’s shall not exceed 90 days from the re- file folder and statements made at the porting date in the order invovled. hearing. (f) Termination of Postponement. (1) A (4) The decision of the Board will be postponement may be terminated by binding only in the case before it. A de- the Director for cause upon no less cision of a Board will not be relied than ten days written notice to the upon by a Board in any other case. ASW. (5) A decision of the Board is not sub- (2) Any postponement shall be termi- ject to review within the Selective nated when the basis for the postpone- Service System. ment has ceased to exist. [48 FR 16676, Apr. 19, 1983, as amended at 69 (3) It is the responsibility of the ASW FR 20544, Apr. 16, 2004] promptly to notify in writing the office

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Selective Service System § 1656.17 that granted the postponement when- (c) Local boards shall follow the pro- ever the basis for which his postpone- cedures established in parts 1642 and ment was granted ceases to exist. 1648 of this chapter to the extent they (g) Effect of Postponement. A post- are applicable in considering a request ponement of the reporting date in an for the suspension of an Order to Per- order shall not render the order inform Alternative Service. valid, but shall only serve to postpone the date on which the ASW is to re- § 1656.16 Early release—grounds and port. The ASW shall report at the expi- procedures. ration or termination of the postpone- (a) General Rule of Service Completion. ment. An ASW will not be released from al- (h) Religious Holiday. The Director ternative service prior to completion of may authorize a delay of reporting 24 months of creditable service unless under any of the orders specified for an granted an early release. ASW whose date to report conflicts (b) Reasons For Early Release. The Di- with a religious holiday historically rector may authorize the early release observed by a recognized church, reli- of an ASW whenever the ASO deter- gious sect or religious organization of mines that the ASW: which he is a member. Any ASW so de- (1) Has failed to meet the perform- layed shall report on the next business ance standards of available alternative day following the religious holiday. service employment because of physical, mental or moral reasons; § 1656.15 Suspension of order to per- (2) No longer meets the physical, form alternative service because of mental or moral standards that are re- hardship to dependents. quired for retention in the Armed (a) Whenever, after an ASW has Forces based on a physical or mental begun work, a condition develops that examination at a MEPS or other loca- results in hardship to his dependent as tion designated by Selective Service; contemplated by § 1630.30(a) of this (3) Is planning to return to school chapter which cannot be alleviated by and has been accepted by such school his reassignment under § 1656.12 (a)(3) of and scheduled to enter within 30 days this part, the ASW may request a sus- prior to the scheduled completion of pension of Order to Perform Alter- his alternative service obligation; native Service. If the local board that (4) Has been accepted for employ- ordered the ASW to report for Alter- ment and that such employment will native Service determines he would be not be available if he remains in alter- entitled to classification in Class 3-A, native service the full 24 months. Such assuming that the ASW were eligible early release shall not occur more than to file a claim for that class, further 30 days before the scheduled comple- compliance with his order shall be sus- tion of his alternative service obliga- pended for a period not to exceed 365 tion; or days, as the local board specifies. Ex- (5) Has enlisted in or has been in- tensions of not more than 365 days each ducted into the Armed Forces of the may be granted by the local board so United States. long as the hardship continues until (c) Reclassification and Records. Upon the ASW’s liability for training and granting an early release to an ASW, service under the Military Selective the Director will reclassify the ASW Service Act terminates. and transfer his records in accordance (b) An ASW may file a request for the with § 1656.19 of this part. suspension of his Order to Perform Al- ternative Service with the ASO. This § 1656.17 Administrative complaint request must be in writing, state as process. clearly as possible the basis for the re- (a) Whenever the ASOM learns that quest, and be signed and dated by the the ASW may have failed to perform ASW. The ASW must continue working satisfactorily his work (see § 1656.11(b)) in his assigned job until his request for or he receives a complaint by an em- the suspension of his Order to Perform ployer or an ASW involving the ASW’s Alternative Service has been approved. work other than matters described in

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§ 1656.18 32 CFR Ch. XVI (7–1–11 Edition)

§ 1656.8(b) of this part, he shall take (b) Creditable time will be awarded necessary action to: for periods of travel, job placement and (1) Interview, as appropriate, all par- job interviews performed under orders ties concerned to obtain information issued by Selective Service. Creditable relevant to the problems or com- time may be awarded for normal em- plaints; ployer leave periods. (2) Place a written summary of each (c) Creditable time will be awarded to interview in the ASW’s file and em- an ASW for the time lost after he ployer’s file; leaves his job assignment following his (3) Inform the persons interviewed request for reassignment on the basis that they may prepare and submit to of § 1656.13(b) of this part until he is re- him within ten days after the interview assigned pursuant to § 1656.13 (c) or (f) their personal written statements con- of this part. Creditable time for the cerning the problem; corresponding period will be lost if nei- (4) Place such statements in the ther the ASOM nor the District Appeal ASW’s file; and Board orders the ASW’s reassignment on the basis of § 1656.12(a)(1) of this (5) Resolve the matter. part. (b) The employer or ASW may seek a review of the decision pursuant to [48 FR 16676, Apr. 19, 1983, as amended at 69 § 1656.17(a)(5). Such request must be FR 20544, Apr. 16, 2004] filed in writing with the ASO, for ac- § 1656.19 Completion of alternative tion by the State Director of Selective service. Service, within ten days after the date the notice of the decision is trans- Upon completion of 24 months of mitted to the ASW and employer. creditable time served in alternative service or when released early in ac- § 1656.18 Computation of creditable cordance with § 1656.16(b) (3) or (4): time. (a) The ASW shall be released from the Alternative Service Program; and (a) Creditable time starts when the (b) The Director shall issue to the ASW begins work pursuant to an Order ASW a Certificate of Completion and to Perform Alternative Service or 30 the registrant shall be reclassified in days after the issuance of such order, Class 4-W in accordance with § 1630.47 of whichever occurs first. Creditable time this chapter, and will accumulate except for periods of: (c) The ASW’s records shall be re- (1) Work of less than 35 hours a week turned to the area office of jurisdiction or an employer’s full-time work week after the ASW has completed his obli- whichever is greater; gation or has been separated from the (2) Leaves of absence in a calendar Alternative Service Program for any year of more than 5 days in the aggre- reason. gate granted by the employer to the ASW to attend to his personal affairs § 1656.20 Expenses for emergency med- unless such absence is approved by the ical care. ASOM; (a) Claims for payment of actual and (3) Time during which an ASW fails reasonable expenses for emergency or neglects to perform satisfactorily medical care, including hospitaliza- his assigned Alternative Service; tion, of ASWs who suffer illness or in- (4) Time during which the ASOM de- jury, and the transportation and burial termines that work of the ASW is un- of the remains of ASWs who suffer satisfactory because of his failure to death as a direct result of such illness comply with reasonable requirements or injury will be paid in accordance of his employer; with the provisions of this section. (5) Time during which the ASW is not (b) The term ‘‘emergency medical employed in an approved job because of care, including hospitalization’’, as his own fault; or used in this section, means such med- (6) Time during which the ASW is in ical care or hospitalization that nor- a postponement period or his Order to mally must be rendered promptly after Perform Alternative Service has been occurrence of the illness or injury ne- suspended. cessitating such treatment. Discharge

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Selective Service System § 1657.6 by a physician or facility subsequent to § 1657.1 Purpose; definition. such medical care or hospitalization (a) The provisions of this part apply shall terminate the period of emer- to the processing of overseas reg- gency. istrants, and, where applicable, they (c) Claims will be considered only for supersede inconsistent provisions in expenses: this chapter. (1) For which only the ASW is liable (b) An overseas registrant is a reg- and for which there is no legal liability istrant whose bona fide current address for his reimbursement except in accord most recently provided by him to the with the provisions of this section; and Selective Service System is outside the (2) That are incurred as a result of United States, its territories or posses- illness or injury that occurs while the sions, Commonwealth of Puerto Rico, ASW is acting in accord with orders of Canada and Mexico. Selective Service to engage in travel or perform work for his Alternative Serv- § 1657.2 Local boards. ice employer. The Director shall establish local (d) No claim shall be allowed in any boards with jurisdiction to determine case in which the Director determines claims of overseas registrants. Such that the injury, illness, or death oc- boards shall consist of three or more curred because of the negligence or members appointed by the President. misconduct of the ASW. The Director shall prescribe the geo- (e) No claim shall be paid unless it is graphic jurisdiction of each board, and presented to the Director within one designate or establish an area office to year after the date on which the ex- support it. pense was incurred. § 1657.3 District appeal boards. (f) Cost of emergency medical care including hospitalization greater than The Director shall establish district usual and customary fees for service appeal boards with jurisdiction to de- established by the Social Security Ad- termine appeals of claims of overseas ministration, will prima facie be consid- registrants. Such boards shall consist ered unreasonable. Payment for burial of three or more members appointed by expenses shall not exceed the max- the President. The Director shall pre- imum that the Administrator of Vet- scribe the geographic jurisdiction of eran’s Affairs may pay under the provi- each board.

sions of 38 U.S.C. 902(a) in any one case. § 1657.4 Consideration of claims. (g) Payment of claims when allowed shall be made only directly to the ASW An overseas registrant’s claim shall or his estate unless written authoriza- be determined by a local board (or its tion of the ASW or the personal rep- supporting area office) or appeal board resentative of his estate has been reas may be established in accord with ceived to pay another person. this part or, upon the request of the registrant filed no later than the filing of his claim for reclassification, by the PART 1657—OVERSEAS REGISTRANT board having geographic jurisdiction PROCESSING over his permanent address within the United States last reported by him to Sec. the Selective Service System prior to 1657.1 Purpose; definition. issuance of his induction order. 1657.2 Local boards. 1657.3 Distsrict appeal boards. § 1657.5 Place of induction. 1657.4 Consideration of claims. The Director may order an overseas 1657.5 Place of induction. registrant to any place in the world for 1657.6 Transportation. induction. AUTHORITY: Military Selective Service Act, 50 U.S.C. 451 et seq.; E.O. 11623. § 1657.6 Transportation.

SOURCE: 52 FR 24459, July 1, 1987, unless (a) The Director shall furnish trans- otherwise noted. portation for an overseas registrant

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Pt. 1659 32 CFR Ch. XVI (7–1–11 Edition) from the place at which the registrant while so acting and occurs prior istrant’s order to report for induction to the completion of an emergency was sent to the place he is required to medical care, including hospitaliza- report for induction. If such registrant tion, occasioned by such illness or in- is not inducted, the Director shall fur- jury. nish him transportation from the place (d) No such claim shall be paid unless he reported for induction to the place it is presented within the period of one to which his order to report for induc- year from the date on which the ex- tion was sent. penses were incurred. (b) In the event the personal appear- (e) No such claim shall be allowed in ance before a local board or appeal case it is determined that the cause of board of an overseas registrant is re- injury, illness, or death was due to neg- quired or permitted by regulation, ligence or misconduct of the reg- travel expenses incurred in personally istrant. appearing before the board shall be at (f) Burial expenses shall not exceed the registrant’s own expense. the maximum prescribed in Section 11 of the Military Selective Service Act in PART 1659—EXTRAORDINARY any one case. EXPENSES OF REGISTRANTS (g) Payment of such claims when allowed shall be made only: (1) Directly to the person or facility AUTHORITY: Military Selective Service Act, with which the expenses were incurred; 50 U.S.C. App. 451 et seq.; E.O. 11623. or

§ 1659.1 Claims. (2) By reimbursement to the registrant, a relative of the registrant, or (a) Claims for payment of actual and the legal representative of the reg- reasonable expenses of: istrant’s estate, for original payment (1) Emergency medical care, includ- of such expenses. ing hospitalization of registrants who suffer illness or injury; and [47 FR 4664, Feb. 1, 1982] (2) The transportation and burial of the remains of registrants who suffer PART 1662—FREEDOM OF INFOR- death while acting under orders issued MATION ACT (FOIA) PROCE- by or under the authority of the Direc- DURES tor of Selective Service will be paid in accordance with the provisions of this Sec. section. 1662.1 Applicability of this part. (b) Claims for payment of expenses 1662.2 Procedure for requesting information. incurred for the purposes set forth in 1662.3 Identification of information re- paragraph (a) of this section shall be quested. presented to the Director of Selective 1662.4 Consideration of requests for infor- Service. mation. 1662.5 Inspection, copying, and obtaining (c)(1) The term emergency medical copies. care, including hospitalization, as used in 1662.6 Fee schedule; waiver of fees. this section, shall be construed to mean such medical care or hospitaliza- AUTHORITY: 5 U.S.C. 552, as amended. tion that normally must be rendered SOURCE: 47 FR 7223, Feb. 18, 1982, unless promptly after an occurrence of illness otherwise noted. or injury. Discharge by a physician or facility subsequent to such medical § 1662.1 Applicability of this part. care or hospitalization shall be jus- The provisions of this part prescribe tification to terminate the period of the procedures for requests for infor- emergency. mation under 5 U.S.C. 552, as amended (2) The death of a registrant shall be (Freedom of Information Act). deemed to have occurred while acting under orders issued by or under the au- § 1662.2 Procedure for requesting in- thority of the Director of Selective formation. Service if it results directly from an Requests for information under the illness or injury suffered by the reg- Freedom of Information Act (FOIA)

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Selective Service System § 1662.6 shall be in writing and should be ad- regular business hours by writing or dressed to the Director, Selective Serv- telephoning the records manager at the ice System, ATTN: Records Manager, address listed in § 1662.2. Such mate- Washington, DC 20435. rials may be copied manually without charge, and reasonable facilities will be § 1662.3 Identification of information made available for that purpose. Also, requested. copies of individual pages of such ma- Any person who requests information terials will be made available as speci- under FOIA shall provide a reasonably fied in § 1662.6; however, the right is re- specific description of the information served to limit to a reasonable quan- sought so that it may be located with- tity the copies of such materials which out undue search. If the description is may be made available in this manner. not sufficient, the records manager will notify the requester and, to the extent § 1662.6 Fee schedule; waiver of fees. possible, indicate the additional infor- (a) Definitions. For the purposes of mation required. Every reasonable ef- this section: fort shall be made to assist a requester (1) Direct costs mean those expendi- in the identification and location of tures which the Selective Service Sys- the record or records sought. tem (SSS) actually incurs in searching for and duplicating (and in the case of § 1662.4 Consideration of requests for commercial requesters, reviewing) doc- information. uments to respond to a FOIA request. (a) Upon receipt of any request for in- Direct costs include, for example, the formation or records, the records man- salary of the employee performing ager will determine within 10 days (ex- work (the basic rate of pay for the em- cepting Saturdays, Sundays, and legal ployee plus 16 percent of the rate to federal holidays) whether it is appro- cover benefits) and the cost of oper- priate to grant the request and will im- ating duplicating machinery. Not in- mediately provide written notification cluded in direct costs are overhead ex- to the person making the request. If penses such as costs of space, and heat- the request is denied, the written noti- ing or lighting the facility in which the fication to the person making the re- records are stored. quest will include the reasons therefor (2) The term search includes all time and a notice that an appeal may be spent looking for material that is re- lodged with the Director of Selective sponsive to a request, including page- Service. by-page or line-by-line identification of (b) Appeals shall be in writing and material within documents. Search addressed to the Director of Selective should be distinguished from review of Service at the address specified in material in order to determine whether § 1662.2 of this part. The appeal shall in- the material is exempt from disclosure clude a statement explaining the basis (see paragraph (a)(4) of this section). for the appeal. Determinations of ap- Searches may be done manually or by peals will be in writing and signed by computer using existing programming. the Director, or his designee, within 20 (3) Duplication refers to the process of days (excepting Saturdays, Sundays, making a copy of a document nec- and legal federal holidays). If, on ap- essary to respond to an FOIA request. peal, the denial is in whole or in part Such copies may take the form of upheld, the written determination will paper copy, microform, audio-visual include the reasons therefor and also materials, or machine readable docu- contain a notification of the provisions mentation (e.g., magnetic tape or for judicial review. disk), among others. (4) Review refers to the process of ex- § 1662.5 Inspection, copying, and ob- amining documents located in response taining copies. to a commercial use request to deter- When a request for information has mine whether any portion of any docu- been approved in accord with § 1662.4, ment located is permitted to be with- the person making the request may held. It also includes processing any make an appointment to inspect or documents for disclosure, e.g., doing all copy the materials requested during that is necessary to excise them and

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§ 1662.6 32 CFR Ch. XVI (7–1–11 Edition) otherwise to prepare them for release. Moreover, as traditional methods of Review does not include time spent re- news delivery evolve (e.g., electronic solving general legal or policy issues dissemination of newspapers through regarding the application of exemp- telecommunications services), such al- tions. ternative media would be included in (5) The term ‘commercial use’ request this category. In the case of freelance refers to a request from or on behalf of journalists, they may be regarded as one who seeks information for the use working for a news organization if they or purpose that furthers the commer- can demonstrate a solid basis for ex- cial, trade, or profit interests of the re- pecting publication through that orga- quester or the person on whose behalf nization, even though not actually em- the request is made. In determining ployed by it. A publication contract whether a request properly belongs in would be the clearest proof, but the this category the agency must deter- agency may also look to the past publi- mine the use to which a requester will cation record of a requester in making put the documents requested. Moreover this determination. where there is reasonable cause to (b) Fees to be charged—categories of re- doubt the use to which a requester will questers. There are four categories of put the records sought, or where that FOIA requesters: Commercial use re- use is not clear from the request itself, questers; education and non-commer- the agency may seek additional clari- cial scientific institutions; representa- fication before assigning the request to tives of the news media; and other re- a specific category. questers. The FOI Reform Act pre- (6) The term educational institution re- scribes specific levels of fees for each of fers to a preschool, a public or private these categories: elementary or secondary school, an in- (1) Commercial use requesters. A re- stitution of graduate higher education, quest for documents for commercial an institution of undergraduate higher use will be assessed charges which re- education, an institution of professional education, and an institution of cover the full direct costs of searching vocational education, which operates a for, reviewing for release, and dupli- program or programs of scholarly re- cating the records sought. Requesters search. must reasonably describe the record (7) The term non-commercial scientific sought. Commercial use requesters are institution refers to an institution that not entitled to two hours of free search is not operated on a commercial basis as time nor 100 free pages of reproduction that term is referenced in paragraph of documents. The cost of searching for (a)(5) of this section, and which is oper- and reviewing records will be recovered ated solely for the purpose of con- even if there is ultimately no disclo- ducting scientific research the results sure of records (see paragraph (c)(5) of of which are not intended to promote this section). any particular product or industry. (2) Educational and non-commercial sci- (8) The term representative of the news entific institution requesters. Documents media refers to any person actively to requesters in this category will be gathering news for an entity that is or- provided for the cost of reproduction ganized and operated to publish or alone, excluding charges for the first broadcast news to the public. The term 100 pages. To be eligible for inclusion in news means information that is about this category, a requester must show current events or that would be of cur- that the request is being made as au- rent interest to the public. Examples of thorized by and under the auspices of a news media entities include television qualifying institution and that the or radio stations broadcasting to the records are not sought for a commer- public at large, and publishers of peri- cial use, but are sought in furtherance odicals (but only in those instances of scholarly (if the request is from an when they can qualify as disseminators educational institution) or scientific (if of news) who make their products the request is from a non-commercial available for purchase or subscription scientific institution) research. Re- by the general public. These examples questers must reasonably describe the are not intended to be all-inclusive. records sought.

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(3) Requesters who are representatives Records Manager may also require full of the news media. Documents will be payment in advance where a requester provided to requesters in this category has previously failed to pay fees in a for the cost of reproduction alone, ex- timely fashion. cluding charges for the first 100 pages. (B) If the Records Manager estimates To be eligible for inclusion in this cat- that the fees will likely exceed $25, he egory, a requester must meet the cri- will notify the requester of the esti- teria in paragraph (a)(8) of this section, mated amount of fees, unless the re- and his or her request must not be quester has indicated in advance his made for a commercial use. A request willingness to pay fees as high as those for records supporting the news dis- anticipated. Such a notice shall offer a semination function of the requester requester the opportunity to confer shall not be considered to be a request with agency personnel with the object that is for a commercial use. Request- of reformulating the request to meet ers must reasonably describe the his or her needs at a lower cost. records sought. (3) Late charges. The Records Man- (4) All other requesters. The agency ager may assess interest charges when will charge requesters who do not fit fee payment is not made within 30 days into any of the categories above fees of the date on which the billing was which recover the full reasonable di- sent. Interest will be at the rate pre- rect cost of searching for and reproduc- scribed in section 3717 of title 31 ing records that are responsive to the U.S.C.A. request, except that the first 100 pages (4) Waiver or reduction of fees—(i) of reproduction and the first two hours Standards for determining waiver or re- of search time shall be furnished with- duction. The Records Manager shall out charge. Moreover, requests from grant a waiver or reduction of fees record subjects for records about them- chargeable under this section where it selves filed in the agency’s systems of is determined that disclosure of the in- records will continue to be treated formation is in the public interest be- under the fee provisions of the Privacy cause it is likely to contribute signifi- Act of 1974 which permit fees only for cantly to public understanding of the reproduction. operations or activities of the Selec- (c) Assessment and collection of fees— tive Service System and is not pri- (1) Aggregated requests. If the Records marily in the commercial interest of Manager reasonably believes that a re- the requester. The Records Manager quester or group of requesters is at- shall also waive fees that are less than tempting to break a request down into the average cost of collecting fees. In a series of requests for the purpose of determining whether disclosure is in evading the assessment of fees, the the public interest, the following fac- Records Manager may aggregate any tors may be considered: such requests accordingly. (A) The relation of the records to the (2) Payment procedures—(i) Fee pay- operations or activities of the System; ment. The Records Manager may as- (B) The information value of the in- sume that a person requesting records formation to be disclosed; pursuant to this part will pay the applicable fees, unless a request includes (C) Any contribution to an under- a limitation on fees to be paid or seeks standing of the subject by the general a waiver or reduction of fees pursuant public likely to result from disclosure; to paragraph (c)(4) of this section. Un- (D) The significance of that contribu- less applicable fees are paid, the agen- tion to the public understanding of the cy may use the authorities of the Debt subject; Collection Act (Pub. L. 97-365), includ- (E) The nature of the requester’s per- ing disclosure to consumer reporting sonal interest, if any, in the disclosure agencies and use of collection agencies, requested; and where appropriate, to encourage pay- (F) Whether the disclosure would be ment. primarily in the requester’s commer- (ii) Advance payment. (A) The Records cial interest. Manager may require advance payment (ii) Contents of request for waiver. of any fee estimated to exceed $250. The The Records Manager will normally

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Pt. 1665 32 CFR Ch. XVI (7–1–11 Edition) deny a request for a waiver of fees that formation, packaging and mailing records, does not include: and sending records by special methods such (A) A clear statement of the request- as express mail. The Records Manager may er’s interest in the requested docu- provide self-service photocopy machines and microfiche printers as a convenience to re- ments; questers and set separate perpage fees re- (B) The use proposed for the docu- flecting the cost of operation and mainte- ments and whether the requester will nance of those machines. derive income or other benefit from such use; Fee waivers: (C) A statement of how the public For qualifying educational and non- will benefit from such use and from the commercial scientific institution requesters release of the requested documents; and representatives of the news media the and Records Manager will not assess fees for re- (D) If specialized use of the docu- view time, for the first 100 pages of reproduc- ments or information is contemplated, tion, or, when the records sought are reason- a statement of the requester’s quali- ably described, for search time. For other noncommercial use requests no fees will be fications that are relevant to the spe- assessed for review time, for the first 100 cialized use. pages of reproduction, or for the first two (iii) Burden of proof. In all cases the hours of search time. burden shall be on the requester to The Records Manager will waive in full present evidence or information in sup- fees that total less than $1.00 or that are less port of a request for a waiver of fees. than the average cost of collecting fees. (5) Fees for nonproductive search. Fees The Records Manager will also waive or re- for record searches and review may be duce fees, upon proper request, if disclosure charged even if not responsive docu- of the information is in the public interest ments are located or if the request is because it is likely to contribute signifi- cantly to public understanding of the oper- denied, particularly if the requester in- ations or activities of the System and is not sists upon a search after being in- primarily in the commercial interest of the formed that it is likely to be non- requester. productive or that any records found [52 FR 13665, Apr. 24, 1987] are likely to be exempt from disclosure. The Records Manager shall apply the standards set out in paragraph PART 1665—PRIVACY ACT (c)(4) of this section in determining PROCEDURES whether to waive or reduce fees. Sec. APPENDIX A TO § 1662.6—FREEDOM OF 1665.1 Rules for determining if an individual INFORMATION FEE SCHEDULE is the subject of a record.

Duplication: 1665.2 Requests for access. 1665.3 Access to the accounting of disclo- Photocopy, per standard page ...... $.10 sures from records. Paper Copies of microfiche, per frame 1665.4 Requests to amend records...... $.10 1665.5 Request for review.

Search and review: 1665.6 Schedule of fees. 1665.7 Information available to the public or Salary of the employee (the basic rate of to former employers of registrants. pay of the employee plus 16 percent of that 1665.8 Systems of records exempted from rate to cover benefits), performing the work certain provisions of this act. of manual search and review. AUTHORITY: 5 U.S.C. 552a. Computer search and production: SOURCE: 47 FR 7224, Feb. 18, 1982, unless For each request the Records Manager will otherwise noted. separately determine the actual direct costs of providing the service, including computer § 1665.1 Rules for determining if an in- search time, tape or printout production, dividual is the subject of a record. and operator salary. (a) Individuals desiring to know if a Special services: specific system of records maintained The Records Manager may agree to provide by the Selective Service System (SSS) and set fees to recover the costs of special contains a record pertaining to them services not covered by the Freedom of Infor- should address their inquiries to the mation Act, such as certifying records or in- Selective Service System, ATTN:

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Selective Service System § 1665.2

Records Manager, Public & Intergov- (b) Procedures—(1) Content of the re- ernmental Affairs, Arlington, VA 22209- quest. (i) The request for access to a 2425. The written inquiry should con- record in a system of records shall be tain a specific reference to the system addressed to the records manager, at of records maintained by Selective the address cited above, and shall name Service listed in the SSS Notices of the system of records or contain a de- Systems of Records or it should description of such system of records. scribe the type of record in sufficient The request should state that the re- detail to reasonably identify the sys- quest is pursuant to the Privacy Act of tem of records. Notice of SSS Systems 1974. In the absence of specifying solely of Records subject to the Privacy Act the Privacy Act of 1974 and, if the re- is in the FEDERAL REGISTER and copies quest may be processed under both the of the notices will be available upon re- Freedom of Information Act and the quest to the records manager. A com- Privacy Act and the request specifies pilation of such notices will also be both or neither act, the procedures made and published by the Office of under the Privacy Act of 1974 will be Federal Register, in accord with sec- employed. The individual will be ad- tion 5 U.S.C. 552a(f). vised that the procedures of the Pri- (b) At a minimum, the request should vacy Act will be utilized, of the exist- also contain sufficient information to ence and the general effect of the Free- identify the requester in order to allow dom of Information Act, and the dif- SSS to determine if there is a record ference between procedures under the pertaining to that individual in a par- two acts (e.g. fees, time limits, access). ticular system of records. In instances The request should contain necessary when the information is insufficient to information to verify the identity of insure that disclosure will be to the in- the requester (see § 1665.2(b)(2)(vi)). In dividual to whom the information per- addition, the requester should include tains, in view of the sensitivity of the any other information which may as- information, SSS reserves the right to sist in the rapid identification of the ask the requester for additional identi- record for which access is being re- fying information. quested (e.g., maiden name, dates of (c) Ordinarily the requester will be employment, etc.) as well as any other informed whether the named system of identifying information contained in records contains a record pertaining to and required by SSS Notice of Systems the requester within 10 days of receipt of Records. of such a request (excluding Saturdays, (ii) If the request for access follows a Sundays, and legal federal holidays). prior request under § 1665.1, the same Such a response will also contain or identifying information need not be in- reference the procedures which must be cluded in the request for access if a ref- followed by the individual making the erence is made to that prior cor- request in order to gain access to the respondence, or a copy of the SSS re- record. sponse to that request is attached. (d) Whenever a response cannot be (iii) If the individual specifically de- made within the 10 days, the records sires a copy of the record, the request manager will inform the requester of should so specify. the reason for the delay and the date (2) SSS action on request. A request for by which a response may be antici- access will ordinarily be answered pated. within 10 days, except when the records [47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, manager determines that access cannot 2004] be afforded in that time, in which case the requester will be informed of the § 1665.2 Requests for access. reason for the delay and an estimated (a) Requirement for written requests. date by which the request will be an- Individuals desiring to gain access to a swered. Normally access will be grant- record pertaining to them in a system ed within 30 days from the date the re- of records maintained by SSS must quest was received by the Selective submit their request in writing in ac- Service System. At a minimum, the cord with the procedures set forth in answer to the request for access shall paragraph (b) below. include the following:

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§ 1665.2 32 CFR Ch. XVI (7–1–11 Edition)

(i) A statement that there is a record access. The extent of the identification as requested or a statement that there documentation required will depend on is not a record in the system of records the type of record to be accessed. In maintained by SSS; most cases, identification verification (ii) A statement as to whether access will be accomplished by the presen- will be granted only by providing copy tation of two forms of identification. of the record through the mail; or the Any additional requirements are speci- address of the location and the date fied in the system notices published and time at which the record may be pursuant to 5 U.S.C. 552a(e)(4). examined. In the event the requester is (C) Access granted by mail. For unable to meet the specified date and records to be accessed by mail, the time, alternative arrangements may be records manager shall, to the extent made with the official specified in possible, establish identity by a com- § 1665.2(b)(1); parison of signatures in situations (iii) A statement, when appropriate, where the data in the record is not so that examination in person will be the sensitive that unauthorized access sole means of granting access only could cause harm or embarrassment to when the records manager has deter- the individual to whom they pertain. mined that it would not unduly impede No identification documentation will the requester’s right of access; be required for the disclosure to the re- (iv) The amount of fees charged, if quester of information required to be any (see § 1665.6) (Fees are applicable made available to the public by 5 only to requests for copies); U.S.C. 552. When in the opinion of the (v) The name, title, and telephone records manager the granting of access number of the SSS official having oper- through the mail could reasonably be ational control over the record; and expected to result in harm or embar- (vi) The documentation required by rassment if disclosed to a person other SSS to verify the identity of the re- than the individual to whom the record quester. At a minimum, SSS’s pertains, a notarized statement of iden- verification standards include the fol- tity or some similar assurance of iden- lowing: tity will be required. (A) Current or former SSS employees. (D) Unavailability of identification doc- Current or former SSS employees re- umentation. If an individual is unable to questing access to a record pertaining produce adequate identification docu- to them in a system of records main- mentation the individual will be retained by SSS may, in addition to the quired to sign a statement asserting other requirements of this section, and identity and acknowledging that know- at the sole discretion of the official ingly or willfully seeking or obtaining having operational control over the access to a record about another person record, have his or her identity verified under false pretenses may result in a by visual observation. If the current or fine of up to $5,000. In addition, depend- former SSS employee cannot be so ing upon the sensitivity of the records identified by the official having oper- sought to be accessed, the official hav- ational control over the records, iden- ing operational control over the tification documentation will be re- records may require such further rea- quired. Employee identification cards, sonable assurances as may be consid- annuitant identification, drivers li- ered appropriate e.g., statements of censes, or the employee copy of any offi- other individuals who can attest to the cial personnel document in the record identity of the requester. No are examples of acceptable identifica- verification of identity will be required tion validation. of individuals seeking access to records (B) Other than current or former SSS which are otherwise available to any employees. Individuals other than cur- person under 5 U.S.C. 552, Freedom of rent or former SSS employees request- Information Act. ing access to a record pertaining to (E) Access by the parent of a minor, or them in a system of records main- legal guardian. A parent of a minor, tained by SSS must produce identifica- upon presenting suitable personal identi- tion documentation of the type de- fication, may access on behalf of the scribed herein, prior to being granted minor any record pertaining to the minor

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Selective Service System § 1665.4 maintained by SSS in a system of (B) Within any system of records per- records. A legal guardian may simi- taining to possible violations of the larly act on behalf of an individual de- Military Selective Service Act, the clared to be incompetent due to phys- identity of or any information per- ical or mental incapacity or age by a taining to any individual who provides court of competent jurisdiction. Absent information relating to a suspected vi- a court order or consent, a parent or olator will not be revealed to the sus- legal guardian has no absolute right to pected violator. This exemption is have access to a record about a child. made under the provision of 5 U.S.C. Minors are not precluded from exer- 552a(k)(2). cising on their own behalf rights given to them by the Privacy Act. § 1665.3 Access to the accounting of (F) Granting access when accompanied disclosures from records. by another individual. When an indi- Rules governing the granting of ac- vidual requesting access to his or her cess to the accounting of disclosure are record in a system of records main- the same as those for granting accesses tained by SSS wishes to be accom- to the records (including verification of panied by another individual during identity) outlined in § 1665.2. the course of the examination of the record, the individual making the re- § 1665.4 Requests to amend records. quest shall submit to the official hav- (a) Requirement for written requests. ing operational control of the record, a Individuals desiring to amend a record signed statement authorizing that per- that pertains to them in a system of son access to the record. records maintained by SSS must sub- (G) Denial of access for inadequate mit their request in writing in accord identification documentation. If the offi- with the procedures set forth herein. cial having operational control over Records not subject to the Privacy Act the records in a system of records of 1974 will not be amended in accord maintained by SSS determines that an with these provisions. However, indi- individual seeking access has not pro- viduals who believe that such records vided sufficient identification docu- are inaccurate may bring this to the mentation to permit access, the offi- attention of SSS. cial shall consult with the records (b) Procedures. (1)(i) The requests to manager prior to finally denying the amend a record in a system of records individual access. shall be addressed to the records man- (H) Review of decision to deny access. ager. Included in the request shall be Whenever the records manager deter- the name of the system and a brief de- mines, in accordance with the proce- scription of the record proposed for dures herein, that access cannot be amendment. In the event the request granted the response will also include a to amend the record is the result of the statement of the procedures to obtain a individual’s having gained access to review of the decision to deny in accord the record in accordance with the pro- with § 1665.5. visions concerning access to records as (vii) Exceptions. (A) Nothing in these set forth above, copies of previous cor- regulations shall be construed to enti- respondence between the requester and tle an individual the right to access to SSS will serve in lieu of a separate de- any information compiled in reason- scription of the record. able anticipation of a civil action or (ii) When the individual’s identity proceeding. The mere fact that records has been previously verified pursuant in a system of records are frequently to § 1665.2(b)(2)(vi), further verification the subject of litigation does not bring of identity is not required as long as those systems of records within the the communication does not suggest scope of this provision. This provision that a need for verification is present. is not intended to preclude access by If the individual’s identity has not an individual to the records which are been previously verified, SSS may re- available to that individual under the quire identification validation as de- other processes such as the Freedom of scribed in § 1665.2(b)(2)(vi). Individuals Information Act or the rules of civil desiring assistance in the preparation procedure. of a request to amend a record should

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§ 1665.5 32 CFR Ch. XVI (7–1–11 Edition) contact the records manager at the ad- (vi) A description of any other proce- dress cited above. dures which may be required of the in- (iii) The exact portion of the record dividual in order to process the appeal. the individual seeks to have amended (3) If the nature of the request for the should be clearly indicated. If possible, correction of the system of records pre- the proposed alternative language cludes a decision within 10 days, the in- should also be set forth, or at a min- dividual making the request will be in- imum, the facts which the individual formed within 10 days of the extended believes are not accurate, relevant, date for a decision. Such a decision will timely, or complete should be set forth be issued as soon as it is reasonably with such particularity as to permit possible, normally within 30 days from SSS not only to understand the indi- the receipt of the request (excluding Saturdays, Sundays, and legal Federal vidual’s basis for the request, but also holidays) unless unusual circumstances to make an appropriate amendment to preclude completing action within that the record. time. If the expected completion date (iv) The request must also set forth for the decision indicated cannot be the reasons why the individual believes met, the individual will be advised of his record is not accurate, relevant, the delay of a revised date when the de- timely, or complete. In order to avoid cision may be expected to be com- the retention by SSS of personal infor- pleted. mation merely to permit verification of records, the burden of persuading § 1665.5 Request for review. SSS to amend a record will be upon the (a) Individuals wishing to request a individual. The individual must furnish review of the decision by SSS with re- sufficient facts to persuade the official gard to any initial request to access or in charge of the system of the inaccu- amend a record in accord with the pro- racy, irrelevancy, timeliness or incom- visions of §§ 1665.2 and 1665.4, should pleteness of the record. submit the request for review in writ- (v) Incomplete or inaccurate requests ing and, to the extent possible, include will not be rejected categorically. The the information specified in § 1665.5(b). individual will be asked to clarify the Individuals desiring assistance in the request as needed. preparation of their request for review (2) SSS action on the request. To the should contact the records manager at extent possible, a decision, upon a re- the address provided herein. quest to amend a record will be made (b) The request for review should con- within 10 days, (excluding Saturdays, tain a brief description of the record Sundays, and legal Federal holidays). involved or in lieu thereof, copies of The response reflecting the decisions the correspondence from SSS in which upon a request for amendment will in- the request to access or to amend was clude the following: denied and also the reasons why the re- (i) The decision of the Selective Serv- quester believes that access should be ice System whether to grant in whole, granted or the disputed information or deny any part of the request to amended. The request for review should amend the record. make reference to the information furnished by the individual in support of (ii) The reasons for determination for his claim and the reasons as required any portion of the request which is de- by §§ 1665.2 and 1665.4 set forth by SSS nied. in its decision denying access or (iii) The name and address of the offi- amendment. Appeals filed without a cial with whom an appeal of the denial complete statement by the requester may be lodged. setting forth the reasons for review (iv) The name and address of the offi- will, of course, be processed. However, cial designated to assist, as necessary in order to make the appellate process and upon request of, the individual as meaningful as possible, the request- making the request in preparation of er’s disagreement should be set forth in the appeal. an understandable manner. In order to (v) A description of the review of the avoid the unnecessary retention of per- appeal with SSS (see § 1665.5). sonal information, SSS reserves the

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Selective Service System § 1665.6 right to dispose of the material con- ment, and if it chooses, SSS’s state- cerning the request to access or amend ment will be sent to any prior trans- a record if no request for review in ac- feree of the disputed information who cord with this section is received by is listed on the accounting required by SSS within 180 days of the mailing by 5 U.S.C. 552a(c). If the reviewing offi- SSS of its decision upon an initial re- cial determines that the record should quest. A request for review received be amended in accord with the individ- after the 180 day period may, at the ual’s request, SSS will promptly cor- discretion of the records manager, be rect the record, advise the individual, treated as an initial request to access and inform previous recipients if an ac- or amend a record. counting of the disclosure was made (c) The request for review should be pursuant to 5 U.S.C. 552a(c). The notifi- addressed to the Director of Selective cation of correction pertains to infor- Service. mation actually disclosed. (d) The Director of Selective Service will inform the requester in writing of § 1665.6 Schedule of fees. the decision on the request for review (a) Prohibitions against charging fees. within 20 days (excluding Saturdays, Individuals will not be charged for: Sundays, and legal federal holidays) (1) The search and review of the from the date of receipt by SSS of the record. individual’s request for review unless (2) Any copies of the record produced the Director extends the 20 days period as a necessary part of the process of for good cause. The extension and the making the record available for access, reasons therefor will be sent by SSS to or the requester within the initial 20 day (3) Any copies of the requested record period. Such extensions should not be when it has been determined that ac- routine and should not normally excess can only be accomplished by proceed an additional thirty days. If the viding a copy of the record through the decision does not grant in full the re- mail. quest for amendment, the notice of the (4) Where a registrant has been decision will provide a description of charged under the Military Selective the steps the individual may take to Service Act and must defend himself in obtain judicial review of such a deci- a criminal prosecution, or where a reg- sion, a statement that the individual istrant submits to induction and there- may file a concise statement with SSS after brings habeas corpus proceedings setting forth the individual’s reasons to test the validity of his induction, for his disagreement with the decision the Selective Service System will fur- and the procedures for filing such a nish to him, or to any person he may statement of disagreement. The Direc- designate, one copy of his Selective tor of Selective Service has the author- Service file free of charge. ity to determine the conciseness of the (b) Waiver. The Director of Selective statement, taking into account the Service may at no charge, provide cop- scope of the disagreement and the com- ies of a record if it is determined the plexity of the issues. Upon the filing of production of the copies is in the inter- a proper, concise statement by the in- est of the Government. dividual, any subsequent disclosure of (c) Fee schedule and method of pay- the information in dispute will be ment. Fees will be charged as provided clearly noted so that the fact that the below except as provided in paragraphs record is disputed is apparent, a copy (a) and (b) of this section. of the concise statement furnished and (1) Duplication of records. Records will a concise statement by SSS setting be duplicated at a rate of $.25 per page. forth its reasons for not making the re- (2) Fees should be paid in full prior to quested changes, if SSS chooses to file issuance of requested copies. In the such a statement. A notation of a dis- event the requester is in arrears for pute is required to be made only if an previous requests, copies will not be individual informs the agency of his provided for any subsequent request disagreement with SSS’s determina- until the arrears have been paid in full. tion in accord with § 1665.5(a), (b) and (3) Remittance shall be in the form of (c). A copy of the individual’s state- cash, a personal check or bank draft

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§ 1665.7 32 CFR Ch. XVI (7–1–11 Edition) drawn on a bank in the United States, PART 1697—SALARY OFFSET or postal money order. Remittances shall be made payable to the order of Sec. the Selective Service System and 1697.1 Purpose and scope. mailed or delivered to the records man- 1697.2 Definitions. ager, Selective Service System, Arling- 1697.3 Applicability. ton, VA 22209-2425. 1697.4 Notice requirements. 1697.5 (4) A receipt of fees paid will be given Hearing. 1697.6 Written decision. upon request. 1697.7 Coordinating offset with another Fed-

[47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, eral agency. 2004] 1697.8 Procedures for salary offset. 1697.9 Refunds. § 1665.7 Information available to the 1697.10 Statute of Limitations. public or to former employers of 1697.11 Non-waiver of rights. registrants. 1697.12 Interest, penalties, and administrative costs. (a) Each area office maintains a clas- AUTHORITY: 5 U.S.C. 5514, and 5 CFR part sification record which contains the 550, subpart K. name, Selective Service number, and the current and past classifications for SOURCE: 54 FR 48098, Nov. 21, 1989, unless otherwise noted. each person assigned to that board. In- formation in this record may be in- § 1697.1 Purpose and scope. spected at the area office at which it is (a) This regulation provides proce- maintained. dures for the collection by administra- (b) Any compensated employee of the tive offset of a federal employee’s sal- Selective Service System may disclose ary without his/her consent to satisfy to the former employer of a registrant certain debts owed to the federal gov- who is serving in or who has been dis- ernment. These regulations apply to all charged from the Armed Forces wheth- federal employees who owe debts to the er the registrant has or has not been Selective Service System and to cur- discharged and, if discharged, the date rent employees of the Selective Service thereof, upon reasonable proof that the System who owe debts to other federal registrant left a position in the employ agencies. This regulation does not of the person requesting such informa- apply when the employee consents to tion in order to serve in the Armed recovery from his/her current pay ac- Forces. count. (c) Whenever an office referred to in (b) This regulation does not apply to this section is closed, the request for debts or claims arising under: information that otherwise would be (1) The Internal Revenue Code of 1954, submitted to it should be submitted to as amended, 26 U.S.C. 1 et seq.; the National Headquarters, Selective (2) The Social Security Act, 42 U.S.C. Service System, Arlington, VA 22209- 301 et seq.: 2425. (3) The tariff laws of the United States; or [47 FR 7224, Feb. 18, 1982; 69 FR 1525, Jan. 9, (4) Any case where a collection of a 2004] debt by salary offset is explicitly provided for or prohibited by another stat- § 1665.8 Systems of records exempted ute (e.g., travel advances in 5 U.S.C. from certain provisions of this act. 5705 and employee training expenses in Pursuant to 5 U.S.C. 552a(k)(2), the 5 U.S.C. 4108). Selective Service System will not re- (c) This regulation does not apply to veal to the suspected violator the in- any adjustment to pay arising out of formant’s name or other identifying in- an employee’s selection of coverage or formation relating to the informant. a change in coverage under a federal benefits program requiring periodic de- [47 FR 24543, June 7, 1982] ductions from pay if the amount to be recovered was accumulated over four PART 1690 [RESERVED] pay periods or less.

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Selective Service System § 1697.4

(d) This regulation does not preclude Disposable pay means the amount the compromise, suspension, or termi- that remains from an employee’s fed- nation of collection action where ap- eral pay after required deductions for propriate under the standards imple- social security, federal, state or local menting the Federal Claims Collection income tax, health insurance pre- Act 31 U.S.C. 3711 et seq. 4 CFR parts 101 miums, retirement contributions, life through 105 and 45 CFR part 1177. insurance premiums, federal employ- (e) This regulation does not preclude ment taxes, and any other deductions an employee from requesting waiver of that are required to be withheld by an overpayment under 5 U.S.C. 5584, 10 law. U.S.C. 2774 or 32 U.S.C. 716 or in any Employee means a current employee way questioning the amount or valid- of an agency, including a current mem- ity of the debt by submitting a subse- ber of the Armed Forces or a Reserve of quent claim to the General Accounting the Armed Forces (Reserves). Office. This regulation does not pre- Hearing official means an individual clude an employee from requesting a responsible for conducting any hearing waiver pursuant to other statutory with respect to the existence or provisions applicable to the particular amount of a debt claimed, and who ren- debt being collected. ders a decision on the basis of such (f) Matters not addressed in these hearing. A hearing official may not be regulations should be reviewed in ac- under the supervision or control of the cordance with the Federal Claims Col- Director of Selective Service. lection Standards at 4 CFR 101.1 et seq. Paying Agency means the agency that employs the individual who owes the § 1697.2 Definitions. debt and authorizes the payment of his/ For the purposes of the part the fol- her current pay. lowing definitions will apply: Salary offset means an administrative offset to collect a debt pursuant to 5 Agency means an executive agency as U.S.C. 5514 by deduction(s) at one or is defined at 5 U.S.C. 105 including the more officially established pay inter- U.S. Postal Service and the U.S. Postal vals from the current pay account of Rate Commission; a military depart- an employee without his/her consent. ment as defined in 5 U.S.C. 102; an agency or court in the judicial branch, Waiver means the cancellation, re- including a court as defined in section mission, forgiveness, or non-recovery 610 of title 28 U.S.C., the District Court of a debt allegedly owed by an em- for the Northern Mariana Islands, and ployee to an agency as permitted or re- the Judicial Panel on Multidistrict quired by 5 U.S.C. 5584, 10 U.S.C. 2774., Litigation; an agency of the legislative 32 U.S.C. 716, 5 U.S.C. 8346(b), or any branch including the U.S. Senate and other law.

House of Representatives; and other § 1697.3 Applicability. independent establishments that are entities of the federal government. (a) These regulations are to be fol- Creditor agency means the agency to lowed when: which the debt is owed. (1) The Selective Service System is Debt means an amount owed to the owed a debt by an individual currently United States from sources which in- employed by another federal agency; clude loans insured or guaranteed by (2) The Selective Service System is the United States and all other owed a debt by an individual who is a amounts due the United States from current employee of the Selective fees, leases, rents, royalties, services, Service System; or sales of real or personal property, over- (3) The Selective Service System em- payments, penalties, damages, inter- ploys an individual who owes a debt to ests, fines, forfeitures (except those another federal agency. arising under the Uniform Code of Mili- tary Justice) and all other similar § 1697.4 Notice requirements. sources. (a) Deductions shall not be made un- Director means the Director of Selec- less the employee is provided with tive Service or his designee. written notice signed by the Director

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§ 1697.5 32 CFR Ch. XVI (7–1–11 Edition) of the debt at least 30 days before sal- erning the program for which the col- ary offset commences. lection is being made; and (b) The written notice shall contain: (13) Unless there are contractual or (1) A statement that the debt is owed statutory provisions to the contrary, a and an explanation of its nature and statement that amounts paid on or de- amount; ducted for the debt which are later (2) The agency’s intention to collect waived or found not owed to the United the debt by deducting from the employ- States will be promptly refunded to the ee’s current disposable pay account; employee. (3) The amount, frequency, proposed beginning date, and duration of the in- § 1697.5 Hearing. tended deduction(s); (a) Request for hearing. (1) An em- (4) An explanation of interest, pen- ployee must file a petition for a hear- alties, and administrative charges, in- ing in accordance with the instructions cluding a statement that such charges outlined in the agency’s notice to off- will be assessed unless excused in ac- set. cordance with the Federal Claims Col- (2) A hearing may be requested by fil- lection Standards at 4 CFR 101.1 et seq.; ing a written petition addressed to the (5) The employee’s right to inspect or Director of Selective Service stating request and receive a copy of govern- why the employee disputes the exist- ment records relating to the debt; ence or amount of the debt. The peti- (6) The opportunity to establish a tion for a hearing must be received by written schedule for the voluntary re- the Director no later than fifteen (15) payment of the debt; calendar days after the date of the no- (7) The right to a hearing conducted tice to offset unless the employee can by an impartial hearing official; show good cause for failing to meet the (8) The methods and time period for deadline date. petitioning for hearings; (b) Hearing procedures. (1) The hearing (9) A statement that the timely filing will be presided over by an impartial of a petition for a hearing will stay the hearing official. commencement of collection pro- (2) The hearing shall conform to proceedings; cedures contained in the Federal (10) A statement that a final decision Claims Collection Standards 4 CFR on the hearing will be issued not later 102.3(c). The burden shall be on the em- than 60 days after the filing of the peti- ployee to demonstrate that the exist- tion requesting the hearing unless the ence or the amount of the debt is in employee requests and the hearing offi- error. cial grants a delay in the proceedings; (11) A statement that any knowingly § 1697.6 Written decision. false or frivolous statements, represen- (a) The hearing official shall issue a tations, or evidence may subject the written opinion no later than 60 days employee to: after the hearing. (i) Disciplinary procedures appro- (b) The written opinion will include: priate under chapter 75 of title 5 a statement of the facts presented to U.S.C., part 752 of title 5, Code of Fed- demonstrate the nature and origin of eral Regulations, or any other applica- the alleged debt; the hearing official’s ble statutes or regulations; analysis, findings and conclusions; the (ii) Penalties under the False Claims amount and validity of the debt, and Act, sections 3729 through 3731 of title the repayment schedule, if applicable. 31 U.S.C., or any other applicable statutory authority; or § 1697.7 Coordinating offset with an- (iii) Criminal penalties under sec- other federal agency. tions 286, 287, 1001, and 1002 of title 18 (a) The Selective Service System as the U.S.C., or any other applicable statu- creditor agency. (1) When the Director tory authority. determines that an employee of a fed- (12) A statement of other rights and eral agency owes a delinquent debt to remedies available to the employee the Selective Service System, the Di- under statutes or regulations gov- rector shall as appropriate:

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Selective Service System § 1697.9

(i) Arrange for a hearing upon the pay interval. The employee must re- proper petitioning by the employee; ceive written notice that the Selective (ii) Certify in writing to the paying Service System has received a certified agency that the employee owes the debt claim from the creditor agency, debt, the amount and basis of the debt, the amount of the debt, the date salary the date on which payment is due, the offset will begin, and the amount of the date the government’s right to collect deduction(s). The Selective Service the debt accrued, and that Selective System shall not review the merits of Service System regulations for salary the creditor agency’s determination of offset have been approved by the Office the validity or the amount of the cer- of Personnel Management; tified claim. (iii) If collection must be made in in- (2) If the employee transfers to an- stallments, the Director must advise other agency after the creditor agency the paying agency of the amount or has submitted its debt claim to the Se- percentage of disposable pay to be col- lective Service System and before the lected in each installment; debt is collected completely, the Selec- (iv) Advise the paying agency of the tive Service System must certify the actions taken under 5 U.S.C. 5514(b) total amount collected. One copy of the and provide the dates on which action certification must be furnished to the was taken unless the employee has employee. A copy must be furnished consented to salary offset in writing or the creditor agency with notice of the signed a statement acknowledging re- employee’s transfer. ceipt of procedures required by law. The written consent or acknowledge- § 1697.8 Procedures for salary offset. ment must be sent to the paying agen- (a) Deductions to liquidate an em- cy; ployee’s debt will be by the method and (v) If the employee is in the process in the amount stated in the Director’s of separating, the Selective Service notice of intention to offset as provided System must submit its debt claim to in § 1697.4. Debts will be collected in the paying agency as provided in this one lump sum where possible. If the part. The paying agency must certify employee is financially unable to pay any amounts already collected, notify in one lum sum, collection must be the employee and send a copy of the made in installments. certification and notice of the employ- (b) Debts will be collected by deduc- ee’s separation to the creditor agency. tion at officially established pay inter- If the creditor agency is aware that the vals from an employee’s current pay employee is entitled to Civil Service account unless alternative arrange- Retirement and Disability Fund or ments for repayment are made with similar payments, it must certify to the approval of the Director. the agency responsible for making such (c) Installment deductions will be payments the amount of the debt and made over a period not greater than that the provisions of this part have the anticipated period of employment. been followed; and The size of installment deductions (vi) If the employee has already sepa- must bear a reasonable relationship to rated and all payments due from the the size of the debt and the employee’s paying agency have been paid, the Di- ability to pay. The deduction for the rector may request, unless otherwise pay intervals for any period must not prohibited, that money payable to the exceed 15% of disposable pay unless the employee from the Civil Service Re- employee has agreed in writing to a de- tirement and Disability Fund or other duction of a greater amount. similar funds be collected by adminis- (d) Unliquidated debts may be offset trative offset as provided under 5 CFR against any financial payment due to a 831.1801 or other provisions of law or separated employee including but not regulation. limited to final salary or leave pay- (b) The Selective Service System as the ment in accordance with 31 U.S.C. 3716. paying agency. (1) Upon receipt of a properly certified debt claim from an- § 1697.9 Refunds. other agency, deductions will be sched- (a) The Selective Service System will uled to begin at the next established refund promptly any amounts deducted

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§ 1697.10 32 CFR Ch. XVI (7–1–11 Edition)

to satisfy debts owed to the Selective SOURCE: 52 FR 24460, July 1, 1987, unless Service System when the debt is otherwise noted. waived, found not owed to the Selec- tive Service System, or when directed § 1698.1 Purpose. by an administrative or judicial order. The provisions of this part prescribe (b) The creditor agency will promptly the procedures for requesting and proc- return any amounts deducted by the essing requests for advisory opinions Selective Service System to satisfy relative to a named individual’s liabil- debts owed to the creditor agency when ity for registration under the Military the debt is waived, found not owed, or Selective Service Act (MSSA), 50 when directed by an administrative or U.S.C. App. 451 et seq. judicial order.

(c) Unless required by law, refunds § 1698.2 Requests for advisory opin- under this subsection shall not bear in- ions. terest. (a) Any male born after December 31, § 1697.10 Statute of Limitations. 1959 who has attained 18 years of age If a debt has been outstanding for may request an advisory opinion as to more than 10 years after the agency’s his liability to register under MSSA. A right to collect the debt first accrued, parent or guardian of such person who the agency may not collect by salary is unable to make a request for an ad- offset unless facts material to the gov- visory opinion may request an advisory ernment’s right to collect were not opinion for him. Any Federal, state or known and could not reasonably have municipal governmental agency may been known by the official or officials request an advisory opinion as to the who were charged with the responsi- liability of any male person born after bility for discovery and collection of December 31, 1959 who has attained 18 such debts. years of age to register under MSSA.

§ 1697.11 Non-waiver of rights. (b) Requests for advisory opinions shall be in writing and addressed to Di- An employee’s involuntary payment rector of Selective Service, ATTN: SIL, of all or any part of a debt collected P.O. Box 94638, Palatine, IL 60094–4638. under these regulations will not be With respect to the person concerning construed as a waiver of any rights that employee may have under 5 U.S.C. whom an advisory opinion is requested, 5514 or any other provision of contract the following should be furnished: full or law unless there are statutes or con- name, address, date of birth, Social Se- tract(s) to the contrary. curity Account Number, basis for the opinion that the registration require- § 1697.12 Interest, penalties, and ad- ment is inapplicable to him, and, if ap- ministrative costs. plicable, basis for his assertion that his Charges may be assessed for interest, failure to register ‘‘. . . was not a penalties, and administrative costs in knowing and willful failure to reg- accordance with the Federal Claims ister.’’ Collection Standards, 4 CFR 102.13 [52 FR 24460, July 1, 1987, as amended at 65 FR 47670, Aug. 3, 2000] PART 1698—ADVISORY OPINIONS § 1698.3 Requests for additional infor- Sec. mation. 1698.1 Purpose. 1698.2 Requests for advisory opinions. (a) The Director may request addi- 1698.3 Requests for additional information. tional appropriate information from 1698.4 Confidentiality of advisory opinions the requester for an advisory opinion. and requests for advisory opinions. (b) The Director will forward a copy 1698.5 Basis for advisory opinions. 1698.6 Issuance of advisory opinions. of the request by a Federal, state or 1698.7 Reconsideration of advisory opinion. municipal governmental agency for an 1698.8 Effect of advisory opinions. advisory opinion to the person to AUTHORITY: Military Selective Service Act, whom the request pertains and invite 50 U.S.C. 451 et seq.; E.O. 11623. his comments on it.

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Selective Service System § 1699.103

§ 1698.4 Confidentiality of advisory 1699.130 General prohibitions against dis- opinions and requests for advisory crimination. opinions. 1699.131–1699.139 [Reserved] 1699.140 Employment. Advisory opinions will be confiden- 1699.141–1699.148 [Reserved] tial except as provided in § 1698.6. Re- 1699.149 Program accessibility: discrimina- quests for advisory opinions will be tion prohibited. confidential except as provided in 1699.150 Program accessibility: existing fa- § 1698.3. cilities. 1699.151 Program accessibility: new con- § 1698.5 Basis of advisory opinions. struction and alterations. 1699.152–1699.159 [Reserved] Advisory opinions will be based on 1699.160 Communications. the request therefor, responses to re- 1699.161–1699.169 [Reserved] quests for information, and matters of 1699.170 Compliance procedure. which the Director can take official 1699.171–1699.999 [Reserved] notice. AUTHORITY: 9 U.S.C. 794.

§ 1698.6 Issuance of advisory opinions. SOURCE: 50 FR 35219, Aug. 30, 1985, unless otherwise noted. A copy of the advisory opinion will be furnished, without charge, to the re- § 1699.101 Purpose. quester therefor and to the individual The purpose of this part is to effec- to whom it pertains. A copy of an advi- tuate section 119 of the Rehabilitation, sory opinion will be furnished, without Comprehensive Services, and Develop- charge, to any Federal, state, or mu- mental Disabilities Amendments of nicipal governmental agency upon re- 1978, which amended section 504 of the quest. Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap § 1698.7 Reconsideration of advisory in programs or activities conducted by opinions. Executive agencies or the United Whenever the Director has reason to States Postal Service. believe that there is substantial error in the information on which an advi- § 1699.102 Application. sory opinion is based, he may recon- This part applies to all programs or sider it and issue an appropriate re- activities conducted by the agency. vised opinion. § 1699.103 Definitions. § 1698.8 Effect of advisory opinion. For purposes of this part, the term— The Selective Service System will Agency means the Selective Service not take action with respect to any System. person concerning whom the Director Assistant Attorney General means the has issued an advisory opinion Assistant Attorney General, Civil insonsistent with that advisory opin- Rights Division, United States Depart- ion. ment of Justice. Auxiliary aids means services or de- PART 1699—ENFORCEMENT OF vices that enable persons with im- NONDISCRIMINATION ON THE paired sensory, manual, or speaking BASIS OF HANDICAP IN PRO- skills to have an equal opportunity to GRAMS OR ACTIVITIES CON- participate in, and enjoy the benefits DUCTED BY SELECTIVE SERVICE of, programs or activities conducted by the agency. For example, auxiliary aids SYSTEM useful for persons with impaired vision include readers, Brailled materials, Sec. audio recordings, telecommunications 1699.101 Purpose. devices and other similar services and 1699.102 Application. 1699.103 Definitions. devices. Auxiliary aids useful for per- 1699.104–1699.109 [Reserved] sons with impaired hearing include 1699.110 Self-evaluation. telephone handset amplifiers, tele- 1699.111 Notice. phones compatible with hearing aids, 1699.112–1699.129 [Reserved] telecommunication devices for deaf

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§§ 1699.104–1699.109 32 CFR Ch. XVI (7–1–11 Edition) persons (TDD’s), interpreters, misclassified as having, a mental or notetakers, written materials, and physical impairment that substantially other similar services and devices. limits one or more major life activi- Complete complaint means a written ties. statement that contains the complain- (4) Is regarded as having an impairment ant’s name and address and describes means— the agency’s alleged discriminatory ac- (i) Has a physical or mental impair- tion in sufficient detail to inform the ment that does not substantially limit agency of the nature and date of the al- major life activities but is treated by leged violation of section 504. It shall the agency as constituting such a limi- be signed by the complainant or by tation; someone authorized to do so on his or (ii) Has a physical or mental impair- her behalf. Complaints filed on behalf ment that substantially limits major of classes or third parties shall describe life activities only as a result of the at- or identify (by name, if possible) the titudes of others toward such impair- alleged victims of discrimination. ment; or Facility means all or any portion of (iii) Has none of the impairments de- buildings, structures, equipment, fined in paragraph (l) of this definition roads, walks, parking lots, rolling but is treated by the agency as having stock or other conveyances, or other such an impairment. real or personal property. Qualified handicapped person means— Handicapped person means any person (1) With respect to any agency pro- who has a physical or mental impair- gram or activity under which a person ment that substantially limits one or is required to perform services or to more major life activities, has a record achieve a level of accomplishment, a of such an impairment, or is regarded handicapped person who meets the es- as having such an impairment. sential eligibility requirements and As used in this definition, the phrase: who can achieve the purpose of the pro- (1) Physical or mental impairment in- gram or activity without modifications cludes— in the program or activity that the (i) Any physiological disorder or con- agency can demonstrate would result dition, cosmetic disfigurement, or ana- in a fundamental alteration in its na- tomical loss affecting one or more of ture; or the following body systems: Neuro- (2) With respect to any other pro- logical; musculoskeletal; special sense gram or activity, a handicapped person organs; respiratory, including speech who meets the essential eligibility re- organs; cardiovascular; reproductive; quirements for participation in, or re- digestive; genitourinary; hemic and ceipt of benefits from, that program or lymphatic; skin; and endocrine; or activity. (ii) Any mental or psychological dis- Section 504 means section 504 of the order, such as mental retardation, or- Rehabilitation Act of 1973 (Pub. L. 93– ganic brain syndrome, emotional or 112, 87 Stat. 394 (29 U.S.C. 794)), as mental illness, and specific learning amended by the Rehabilitation Act disabilities. The term physical or mental Amendments of 1974 (Pub. L. 93–516, 88 impairment includes, but is not limited Stat. 1617), and the Rehabilitation, to, such disease and conditions as or- Comprehensive Services, and Develop- thopedic, visual, speech, and hearing ment Disabilities Amendments of 1978 impairments, cerebral palsy, epilepsy, (Pub. L. 95–602, 92 Stat. 2955). As used muscular dystrophy, multiple sclerosis, in this part, section 504 applies only to cancer, heart disease, diabetes, mental programs or activities conducted by retardation, emotional illness, and Executive agencies and not to federally drug addition and alcoholism. assisted programs. (2) Major life activities includes functions such as caring for one’s self, per- §§ 1699.104–1699.109 [Reserved] forming manual tasks, walking, seeing, hearing, speaking, breathing, learning, § 1699.110 Self-evaluation. and working. (a) The agency shall, within one year (3) Has a record of such an impairment of the effective date of this part, evalu- means has a history of, or has been ate its current policies and practices,

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Selective Service System § 1699.130 and the effects thereof, that do not or (ii) Afford a qualified handicapped may not meet the requirements of this person an opportunity to participate in part, and, to the extent modification of or benefit from the aid, benefit, or any such policies and practices is re- service that is not equal to that af- quired, the agency shall proceed to forded others; make the necessary modifications. (iii) Provide a qualified handicapped (b) The agency shall provide an op- person with an aid, benefit, or service portunity to interested persons, includ- that is not as effective in affording ing handicapped persons or organiza- equal opportunity to obtain the same tions representing handicapped per- result, to gain the same benefit, or to sons, to participate in the self-evalua- reach the same level of achievement as tion process by submitting comments that provided to others; (both oral and written). (iv) Provide different or separate aid, (c) The agency shall, for at least benefits, or services to handicapped three years following completion of the persons or to any class of handicapped evaluation required under paragraph persons than is provided to others un- (a) of this section, maintain on file and less such action is necessary to provide make available for public inspection— qualified handicapped persons with (1) A description of areas examined aids, benefits, or services that are as and any problems identified; and effective as those provided to others; (v) Deny a qualified handicapped per- (2) A description of any modifications son the opportunity to participate as a made. member of planning or advisory boards; § 1699.111 Notice. or (vi) Otherwise limit a qualified The agency shall make available to handicapped person in the enjoyment employees, applicants, participants, of any right, privilege, advantage, or beneficiaries, and other interested per- opportunity enjoyed by others receiv- sons such information regarding the ing the aid, benefit, or service. provisions of this part and its applica- (2) The agency may not deny a quali- bility to the programs or activities fied handicapped person the oppor- conducted by the agency, and make tunity to participate in programs or such information available to them in activities that are not separate or dif- such manner as the agency head finds ferent, despite the existence of permis- necessary to apprise such persons of sibly separate or different programs or the protections against discrimination activities. assured them by section 504 and its reg- (3) The agency may not, directly or ulation. through contractual or other arrangements, utilize criteria or methods of §§ 1699.112–1699.129 [Reserved] administration the purpose or effect of which would— § 1699.130 General prohibitions against discrimination. (i) Subject qualified handicapped persons to discrimination on the basis of (a) No qualified handicapped person handicap; or shall, on the basis of handicap, be ex- (ii) Defeat or substantially impair ac- cluded from participation in, be denied complishment of the objectives of a the benefits of, or otherwise be sub- program or activity with respect to jected to discrimination under any pro- handicapped persons. gram or activity conducted by the (4) The agency may not, in deter- agency. mining the site or location of a facil- (b)(1) The agency, in providing any ity, make selections the purpose or ef- aid, benefit or service, may not, di- fect of which would— rectly or through contractual, licens- (i) Exclude handicapped persons ing, or other arrangements, on the from, deny them the benefits of, or oth- basis of handicap— erwise subject them to discrimination (i) Deny a qualified handicapped per- under, any program or activity con- son the opportunity to participate in ducted by the agency; or or benefit from the aid, benefit, or (ii) Defeat or substantially impair service; the accomplishment of the objectives

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§§ 1699.131–1699.139 32 CFR Ch. XVI (7–1–11 Edition) of a program or activity with respect benefits of, be excluded from participa- to handicapped persons. tion in, or otherwise be subject to dis- (5) The agency, in the selection of crimination under any program or ac- procurement contractors, may not use tivity conducted by the agency. criteria that subject qualified handicapped persons to discrimination on § 1699.150 Program accessibility: exist- the basis of handicap. ing facilities. (6) The agency may not administer a (a) General. The agency shall operate licensing or certification program in a each program or activity so that the manner that subjects qualified handi- program or activity, when viewed in its capped persons to discrimination on entirety, is readily accessible to and the basis of handicap, nor may the usable by handicapped persons. This agency establish requirements for the paragraph does not— programs or activities of licensees or (1) Necessarily require the agency to certified entities that subject qualified handicapped persons to discrimination make each of its existing facilities ac- on the basis of handicap. However, the cessible to and usable by handicapped programs or activities of entities that persons; are licensed or certified by the agency (2) Require the agency to take any are not, themselves, covered by this action that it can demonstrate would part. result in a fundamental alteration in (c) The exclusion of nonhandicapped the nature of a program or activity or persons from the benefits of a program in undue financial and administrative limited by Federal statute or Execu- burdens. In those circumstances where tive order to handicapped persons or agency personnel believe that the pro- the exclusion of a specific class of posed action would fundamentally handicapped persons from a program alter the program or activity or would limited by Federal statute or Execu- result in undue financial and adminis- tive order to a different class of handi- trative burdens, the agency has the capped person is not prohibited by this burden of proving that compliance with part. § 1699.150(a) would result in such alter- (d) The agency shall administer pro- ations or burdens. The decision that grams and activities in the most inte- compliance would result in such alter- grated setting appropriate to the needs ation or burdens must be made by the of qualified handicapped persons. agency head after considering all agency resources available for use in the §§ 1699.131–1699.139 [Reserved] funding and operation of the conducted

§ 1699.140 Employment. program or activity, and must be accompanied by a written statement of No qualified handicapped person the reasons for reaching that conclu- shall, on the basis of handicap, be sub- sion. If an action would result in such jected to discrimination in employ- an alteration or such burdens, the ment under any program or activity agency shall take any other action conducted by the agency. The defini- that would not result in such an alter- tions, requirements and procedures of ation or such burdens but would never- section 501 of the Rehabilitation Act of theless ensure that handicapped per- 1973 (29 U.S.C. 791), as established in 29 sons receive the benefits and services CFR part 1613, shall apply to employ- of the program or activity. ment in federally conducted programs or activities. (b) Methods. The agency may comply with the requirements of this section §§ 1699.141–1699.148 [Reserved] through such means as redesign of equipment, reassignment of services to § 1699.149 Program accessibility: dis- accessible buildings, assignment of crimination prohibited. aides to beneficiaries, home visits, de- Except as otherwise provided in livery of services at alternate acces- § 1699.150, no qualified handicapped per- sible sites, alteration of existing facili- sons shall, because the agency’s facilities and construction of new facilities, ties are inaccessible to or unusable by use of accessible rolling stock, or any handicapped persons, be denied the other methods that result in making

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Selective Service System § 1699.160 its programs or activities readily ac- (4) Indicate the officials responsible cessible to and usable by handicapped for implementation of the plan. persons. The agency is not required to make structural changes in existing fa- § 1699.151 Program accessibility: new cilities where other methods are effec- construction and alterations. tive in achieving compliance with this Each building or part of a building section. The agency, in making alter- that is constructed or altered by, on ations to existing buildings, shall meet behalf of, or for the use of the agency accessibility requirements to the ex- shall be designed, constructed, or al- tent compelled by the Architectural tered so as to be readily accessible to Barriers Act of 1968, as amended (42 and usable by handcapped persons. The U.S.C. 4141 through 4157), and any regu- definitions, requirements, and stand- lations implementing it. In choosing ards of the Architectural Barriers Act among available methods for meeting (42 U.S.C. 4151 through 4157), as estab- the requirements of this section, the lished in 41 CFR 101–19.600 to 14–19.607, agency shall give priority to those apply to buildings covered by this sec- methods that offer programs and action. tivities to qualified handicapped persons in the most integrated setting ap- §§ 1699.152–1699.159 [Reserved] propriate. (c) Time period for compliance. The § 1699.160 Communications. agency shall comply with the obligations established under this section (a) The agency shall take appropriate within sixty days of the effective date steps to ensure effective communica- of this part except that where struction with applicants, participants, per- tural changes in facilities are under- sonnel of other Federal entities, and taken, such changes shall be made members of the public. within three years of the effective date (1) The agency shall furnish appro- of this part, but in any event as expedi- priate auxiliary aid where necessary to tiously as possible. afford a handicapped person an equal (d) Transition plan. In the event that opportunity to participate in, and structural changes to facilities will be enjoy the benefits of, a program or ac- undertaken to achieve program acces- tivity conducted by the agency. sibility, the agency shall develop, with- (i) In determining what type of auxil- in six months of the effective date of iary aid is necessary, the agency shall this part, a transition plan setting give primary consideration to the re- forth the steps necessary to complete quests of the handicapped person. such changes. The agency shall provide (ii) The agency need not provide indian opportunity to interested persons, vidually prescribed devices, readers for including handicapped persons or orga- personal use or study, or other devices nizations representing handicapped of a personal nature. persons, to participate in the develop- (2) Where the agency communicates ment of the transition by submitting with applicants and beneficiaries by comments (both oral and written). A telephone, telecommunications devices copy of the transition plan shall be for deaf persons (TDD’s), or equally ef- made available for public inspection. fective telecommunication systems The plan shall, at a minimum— shall be used. (1) Identify physical obstacles in the agency’s facilities that limit the acces- (b) The agency shall ensure that in- sibility of its programs or activities to terested persons, including persons handicapped persons; with impaired vision or hearing, can (2) Describe in detail the methods obtain information as to the existence that will be used to make the facilities and location of accessible services, ac- accessible; tivities, and facilities. (3) Specify the schedule for taking (c) The agency shall provide signs at the steps necessary to achieve compli- a primary entrance to each of its inac- ance with this section and, at the time, cessible facilities, directing users to a identify steps that will be taken during location at which they can obtain in- each year of the transition period; and formation about accessible facilities.

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§§ 1699.161–1699.169 32 CFR Ch. XVI (7–1–11 Edition)

The international symbol for accessi- days of the alleged act of discrimina- bility shall be used at each primary en- tion. The agency may extend this time trance of an accessible facility. period for good cause. (d) This section does not require the (e) If the agency receives a complaint agency to take any action that it can over which it does not have jurisdic- demonstrate would result in a funda- tion, it shall promptly notify the com- mental alteration in the nature of a plainant and shall make reasonable ef- program or activity or in undue finan- forts to refer the complaint to the ap- cial and administrative burdens. In propriate government entity. those circumstances where agency per- (f) The agency shall notify the Archi- sonnel believe that the proposed action tectural and Transportation Barriers would fundamentally alter the program Compliance Board upon receipt of any or activity or would result in undue fi- complaint alleging that a building or nancial and administrative burdens, facility that is subject to the Architec- the agency has the burden of proving tural Barriers Act of 1968, as amended that compliance with § 1699.160 would (42 U.S.C. 4151 through 4157), or section result in such alteration or burdens. 502 of the Rehabilitation Act of 1973, as The decision that compliance would re- amended (29 U.S.C. 792), is not readily sult in such alteration or burdens must accessible and usable to handicapped be made by the agency head after con- persons. sidering all agency resources available (g) Within 180 days of the receipt of a for use in the funding and operation of complete complaint for which it has ju- the conducted program or activity, and risdiction, the agency shall notify the must be accompanied by a written complainant of the results of the inves- statement of the reasons for reaching tigation in a letter containing— that conclusion. If an action required (1) Findings of fact and conclusion of to comply with this section would re- law; sult in such burdens, the agency shall (2) A description of a remedy of each take any other action that would not violation found; and result in such an alteration or such (3) A notice of the right to appeal. burdens but would nevertheless ensure (h) Appeals of the findings of fact and conclusions of law or remedies must be that, to the maximum extent possible, filed by the complainant within 90 days handicapped persons receive the bene- of receipt from the agency of the letter fits and services of the program or ac- required by § 1699.170(g). The agency tivity. may extend this time for good cause. §§ 1699.161–1699.169 [Reserved] (i) Timely appeals shall be accepted and processed by the Director of Selec- § 1699.170 Compliance procedure. tive Service. (j) The agency shall notify the com- (a) Except as provided in paragraph plainant of the results of the appeal (b) of this section, this section applies within 60 days of the receipt of the re- to all allegations of discrimination on quest. If the agency determines that it the basis of handicap in programs or needs additional information from the activities conducted by the agency. complainant, it shall have 60 days from (b) The agency shall process com- the date it receives the additional in- plaints alleging violations of section formation to make its determination 504 with respect to employment accord- on the appeal. ing to the procedures established in 29 (k) The time limits cited in para- CFR part 1613 pursuant to section 501 graphs (g) and (j) of this section may be of the Rehabilitation Act of 1973 (29 extended with the permission of the U.S.C. 791). Assistant Attorney General. (c) Responsibility for implementa- (l) The agency may delegate its au- tion and operation of this section shall thority for conducting complaint in- be vested in the Associate Director for vestigations to other Federal agencies, Administration. except that the authority for making (d) The agency shall accept and in- the final determination may not be vestigate all complete complaints for delegated. which it has jurisdiction. All complete complaints must be filed within 180 §§ 1699.171–1699.999 [Reserved]

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