Access
to Public Information
Introduction
This
handbook is intended to assist you in making Freedom of Information
Act (FOIA) requests for Selective Service System (SSS) records.
It will get you started and provide you with a brief description
of your rights and the manner in which SSS will respond to
your requests.
The
FOIA, which is know by its legal cite as 5 U.S.C. Å552, along
with the SSS Regulations, governs how requests will be processed
within SSS. SSS Regulations can be found at 32 Code of Federal
Regulations Chapter XVI which is available in most libraries.
The
Records Division is responsible for responding to all FOIA
requests for SSS. If you desire records from SSS, you should
send your request to:
Selective
Service System
National Headquarters
Records Division
Arlington, VA 22209-2425.
SSS
FOIA Reading Room
The
Selective Service System FOIA reading room is operated by
the Records Division in the Resource Management Directorate
and contains SSS Headquarters Orders and Directives, manuals,
and regulations. SSS is a small Independent Agency and space
is limited. Therefore, requests for access must be presented
in writing. Requests must be specific, identifying information
requested for review. Send written requests to:
Selective
Service System
National Headquarters
Records Division
Arlington, VA 22209-2425.
SSS
Electronic Access
The
SSS Home Page contains information on SSSs mission and
description of SSSs organizational structure. The section
under FOIA contains SSSs FOIA regulations, this handbook,
SSSs FOIA Annual Reports for 1997, 1998, and a link
to SSSs Government Information Locator System (GILS),
which contains a list of SSSs major information systems
and record locator systems.
In
addition, the Home Page provides access to the latest copy
of SSSs Annual Report to Congress as well as other SSS
documents. Electronic versions of SSS documents are intended
to provide broad access to the text of SSS directives and
other key information. The World Wide Web address for the
SSS Home Page is:
http://www.sss.gov
Freedom
of Information Act
The
Freedom of Information Act (FOIA) which is found at 5 U.S.C.
552, is a law that gives a person the right to obtain federal
agency records unless the records (or parts of the records)
are protected from disclosure by any of the nine exemptions
contained in the law. The FOIA was recently amended by the
Electronic Freedom of Information Act of 1996 (E-FOIA Amendments).
.
Regulations
that set forth procedures for requesting SSS records under
the FOIA are published at 32 CFR Part 1662. The CFR can be
found in all law libraries and federal depository libraries.
You may also obtain a copy from SSS at the address listed
below or at the SSSs Home Page.
SSS
makes available in its Public Reading Room information pertaining
to matters issued, adopted or promulgated by SSS; these are
commonly known as "reading room materials." These
materials include SSS Headquarters and Directives, regulations,
SSSs Annual FOIA reports, and SSSs Annual Report
to Congress. Many of these documents are also available through
the Records Division, and the SSSs Home Page.
In
addition to gaining access to reading room materials, requesters
may also file FOIA requests with SSS to obtain records. It
is important to understand that there is no central office
in the government which processes FOIA request for all agencies;
each federal agency responds to FOIA requests for records
of its own files. Thus, the public must submit FOIA requests
to SSS to obtain records that are in SSS files. Please be
aware that the FOIA does not require agencies to do research,
to analyze data, to answer written questions, or to create
records in order to respond to a request.
Individuals
may file a FOIA request to:
Selective Service System
National Headquarters
FOIA Officer
Arlington, VA 22209-2425
Requests
for information should be as specific as possible. Requesters
should consult SSSs FOIA regulations, which outline
the procedures governing the FOIA request process.
Privacy
Act
Information
may also be requested from SSS under the Privacy Act, 5 U.S.C.
552a. Generally, the Privacy Act permits a person to seek
access to agency records pertaining to the requester, provided
the record is maintained within a "system of records",
i.e., the record is retrieved by the individual requesters
name or personal identifier. Privacy Act requests for information
in SSSs files must be in writing, and sent to the FOIA
Officer, Selective Service System National Headquarters, Arlington,
VA 22209-2425. SSSs Privacy Act regulations are published
at 32 CFR Part 1665.
Frequently
Asked Questions
What
is the FOIA?
The
FOIA is a Federal law that establishes the publics right
to request existing records from Federal government records.
Who
can file a FOIA request?
Any
"person," organization, university, business or
state and local government can file a FOIA request.
What
is a record?
A
record is the product(s) of data compilation, such as all
books, papers, maps, and photographs, machine readable materials,
inclusive of those in electronic form or format, or other
documentary materials, regardless of physical form or characteristics,
made or received by an agency of the United States Government
under Federal law in connection with the transaction of public
business and in Selective Service possession and control at
the time the FOIA request is made.
Can
we ask questions under FOIA?
The
FOIA does not require federal agencies to answer questions,
render opinions, or provide subjective evaluations. Requests
must seek records, such as those mentioned above.
How
do I file a FOIA request?
(1)
Label your request "Freedom of Information Act Request,"
preferably within the request letter and on the envelope,
and address the request to:
Selective Service System
National Headquarters
Records Division
Arlington, VA 22209-2425.
(2)
Describe the specific records you are requesting in enough
detail so that the record(s) can be located with a reasonable
amount of effort.
(2)
State your willingness to pay applicable fees. If you
seek a waiver, provide a justification for such a waiver.
What
are some of the reasons for not releasing a record?
(1)
A reasonable search of files failed to identify records
responsive to your request.
(2)
The request is withdrawn by the requester.
(3)
The requester is unwilling to pay fees associated with
a request; the requester is past due in the payment of
fees from a previous FOIA request; or the requester disagrees
with the fee estimate.
(4)
A record has not been described with sufficient information
to enable SSS to locate a record.
(5)
The information requested is not a record within the meaning
of the FOIA and SSS Regulations.
(6)
The request is a duplicate request (e.g., a requester
asks for the same information more than once).
(7)
The record is denied in whole or in part in accordance
with the provisions of the FOIA.
What
are FOIA exemptions?
Records
(or portions of records) will be disclosed unless that disclosure
would be inconsistent with a FOIA exemption. The nine FOIA
exemptions are cited in the FOIA as 5 U.S.C. Å 552 (b)(1)
through (b) (9):
(b)(1)
- records currently and properly classified in the interest
of national security;
(b)(2)
- records related solely to internal personnel rules and
practices;
(b)(3)
- records protected by another law that specifically exempts
the information from public release;
(b)(4)
- trade secrets and commercial or financial information
obtained from a private source which would cause substantial
competitive harm to the source if disclosed;
(b)(5)
- internal records that are deliberative in nature and are
part of the decision making process that contain opinions
and recommendations;
(b)(6)
- records which if released, would result in clearly unwarranted
invasion of personal privacy;
(b)(7)
- investigatory records or information compiled for law
enforcement purposes;
(b)(8)
- records for the use of any agency responsible for the
regulation or supervision of financial institutions; and
(b)(9)
- records containing geological and geophysical information
(including maps) concerning wells.
Can
I appeal a denial?
Yes.
If your request is initially denied in whole or in part, you
will be advised of your appeal rights and the proper procedures
for submitting the appeal.
How
long will it take for my request to be processed?
In
fairness to all requesters, SSS processes requests in order
by date of receipt. Depending on the complexity of the request,
a response should be generated within 10 working days of receipt
of the request. If a response cannot be generated within the
above time period, an interim response is forwarded to the
requester indicating when a response may be anticipated.
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