§ 1604.59 Signing official papers.

Official papers issued by a local board may be signed by the clerk of the local board if he is authorized to do so by resolution duly adopted by and entered in the minutes of the meetings of the local board, provided, that the chairman or a member of the local board must sign a particular paper when specifically required to do so by the Director of Selective Service.

[Amdt. 5, 13 F. R. 8740, Dec. 30, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949] MEDICAL ADVISORS TO THE LOCAL BOARDS § 1604.61 Medical advisors to the local boards.

The President may appoint for each local board, from qualified physicians recommended by the Governor, one or more medical advisors to advise the local board regarding the physical and mental condition of its registrants. The State Director of Selective Service may authorize any duly appointed medical advisor to a local board to perform such functions for any local board within the State.

[E. O. 9979, 13 F. R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949] § 1604.62

Disqualification.

No medical advisor to the local board shall advise a local board regarding the physical or mental condition of any registrant who is his first cousin or a closer relation either by blood, marriage, or adoption, or who is an employee or employer or stands in relation of superior or subordinate in connection with any employment, or is a partner or close business associate of such medical advisor to the local board.

[13 F. R. 4421, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

GOVERNMENT APPEAL AGENTS

§ 1604.71 Appointment and duties.

(a) For each local board a government appeal agent shall be appointed by the President upon recommendation of the Governor.

(b) One or more associate government appeal agents may be appointed by the President for each local board when either the government appeal agent appointed for that board or the local board requests such assistance and the Governor, being of the opinion that the circumstances warrant such action, recommends appointment. Whenever an in

tercounty local board is established an associate government appeal agent shall be appointed by the President, upon recommendation of the Governor, for each county included within the local board area.

(c) Each government appeal agent and associate government appeal agent shall, whenever possible, be a person with legal training and experience and shall not be a member of the armed forces or any reserve component thereof.

(d) It shall be the duty of the government appeal agent and in his absence or inability to act or at his direction, the duty of the associate government appeal agent:

(1) To appeal, as prescribed by the regulations in this chapter, from any classification of a registrant by the local board which is brought to his attention and, in his opinion, should be reviewed by the appeal board.

(2) To attend such local board meetings as the local board may request him to attend.

(3) To suggest to the local board a reopening of any case where the interests of justice, in his opinion, require such action and to submit to the local board. with such suggestion, the information obtained by his investigation of the case which has caused him to arrive at his decision that the case should be reconsidered.

(4) To render such assistance to the local board as it may request by advising the members and interpreting for them laws, regulations, and other directives.

(5) To be equally diligent in protecting the interests of the Government and the rights of the registrant in all matters.

[E.O. 9979, 13 F.R. 4188, July 22, 1948, as amended by E.O. 10594, 20 F.R. 740, Feb. 3, 1955. Redesignated at 14 F.R. 5021, Aug. 13, 1949]

INTERPRETERS

§ 1604.81 Authorization and oath.

(a) When necessary, the local board is authorized to use interpreters.

(b) The following oath shall be administered to an interpreter each time he is used by a local board:

You swear (or affirm) that you will truly interpret in the matter now in hearing. So help you God.

[13 F. R. 4421, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

1605.1 Appointment and tenure. COMPENSATION IN GENERAL

1605.11 Fixing compensation.

NATIONAL HEADQUARTERS EMPLOYEES

1605.21 Appointment and tenure.

EMPLOYEES OF STATE HEADQUARTERS AND OTHER OFFICES WITHIN THE STATE 1605.31 Appointment and tenure of employees of State Headquarters and other offices within the State. AUTHORITY: The provisions of this Part 1605 issued under sec. 10, 62 Stat. 618, as amended; 50 U.S.C. App. 460.

EMPLOYMENT IN GENERAL

§ 1605.1 Appointment and tenure.

(a) All civilian officers and employees engaged in carrying out the functions of the Selective Service System who receive compensation from the United States for their services as such shall be appointed in accordance with the provisions of the Federal Civil Service Laws and the regulations of the United States Civil Service Commission issued pursuant thereto. Persons entitled to veterans' preference under the provisions of the Veterans' Preference Act of 1944 shall be given preference in employment and retention in employment.

(b) Several statutory provisions prohibit or restrict the receipt of dual compensation from the United States, therefore, no person receiving salary or compensation from the United States Government shall be appointed to the Selective Service System without prior approval of the Director of Selective Service.

CROSS REFERENCE: For regulations of the United States Civil Service Commission, see 5 CFR Chapter I.

[13 F. R. 4421, July 31, 1948, as amended by Amdt. 25, 16 F. R. 9030, Sept. 6, 1951. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

COMPENSATION IN GENERAL

§ 1605.11 Fixing compensation.

(a) The compensation of all positions, with the exception of positions in local board and appeal board offices, shall be fixed in accordance with the Classification Act of 1949, as amended.

(b) The compensation of all positions in local board and appeal board offices

shall be fixed by the State Director of Selective Service in accordance with instructions given and limitations imposed by the Director of Selective Service.

[13 F. R. 4421, July 31, 1948, as amended by Amdt. 25, 16 F. R. 9030, Sept. 6, 1951. Redesignated at 14 F. R. 5021, Aug. 13, 1949] NATIONAL HEADQUARTERS EMPLOYEES

§ 1605.21

Appointment and tenure.

The Director of Selective Service shall determine the number and duties of compensated civilians to be employed by National Headquarters for Selective Service, and may designate an appointing officer to employ individuals approved by him or pursuant to his direction to fill such positions.

[13 F. R. 4421, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

EMPLOYEES OF STATE HEADQUARTERS AND OTHER OFFICES WITHIN THE STATE § 1605.31 Appointment and tenure of employees of State Headquarters and other offices within the State.

(a) In accordance with instructions given and limitations imposed by the Director of Selective Service, the State Director of Selective Service shall determine the number and duties of compensated civilian employees to fill positions in the State Headquarters for Selective Service, appeal boards, local boards, and other selective service offices within the State. The State Director of Selective Service may designate an appointing officer to employ individuals approved by him or pursuant to his direction to fill such positions.

(b) Except with the prior approval of the State Director of Selective Service, no person shall be employed in any compensated position in any local board office or appeal board office who is related to any member of the local board or appeal board as close as or closer, by blood, marriage or adoption than a first cousin; provided, this paragraph shall not apply to any veteran or former member of the Merchant Marine who under the laws of the United States has restoration rights to his former position with the local board or appeal board.

(c) The State Director of Selective Service, when he deems it to be in the best interest of the Selective Service System, may authorize the appointment of individuals to serve for two or more local boards.

[13 F. R. 4421, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

1606.39 Searching or handling records. 1606.40 Furnishing lists of registrants. 1606.41 Forwarding mail addressed to a registrant.

1606.42 Disclosing information to former employers.

SELECTIVE SERVICE FORMS

1606.51 Forms made part of regulations. 1606.52

Special forms must be authorized. AUTHORITY: The provisions of this Part 1606 issued under sec. 10, 62 Stat. 618, as amended; 50 U.S.C. App. 460.

SOURCE: The provisions of this Part 1606 appear at 13 F.R. 4420, July 31, 1948, unless otherwise noted. Redesignated at 14 F.R. 5021, Aug. 13, 1949.

acting postmaster, or assistant postmaster, may administer such oath.

(b) Whenever an oath is required, an affirmation in judicial form, if made by a person having conscientious scruples against the taking of oaths, shall be sufficient compliance.

(c) No fee or charge shall be made for the administration of oaths in the execution of the selective service law. COMMUNICATIONS

§ 1606.11 Letters.

Communication should generally be by letter. Official letters in execution of the selective service law may be sent in official penalty envelopes.

§ 1606.12 Telegrams, radiograms, and cablegrams.

Official telegrams, radiograms, and cablegrams may be used for official business when speed is essential. The probable hour when the addressee will actually receive such a message, as compared to the probable hour when he would receive an ordinary or air mail letter, should be considered. Reasonable economy is necessary, and a more complete statement can usually be made in a letter. § 1606.13 Long distance telephone.

Long distance telephone service may be used for official business at Government expense when absolutely essential. It is relatively very expensive and much more subject to faulty understanding between the parties than are written messages. § 1606.14 Personal messages.

No personal inquiries or messages shall be sent by official envelope, or at Government expense by telegram, radiogram, cablegram, or telephone. Messages regarding leave of absence, payment of salary or expense account, and similar messages fall under this prohibition. RECORDS IN GENERAL

a copy of all correspondence sent in its files until authorization for its disposition is received from the Director of Selective Service.

§ 1606.22 Protection of records.

Selective service offices shall take all possible care to keep records from being lost or destroyed. Under no circumstances shall a record be entrusted to any person not authorized to have it in his custody. When the person charged with the custody of a record transmits or delivers it to another, he shall place a notation showing the person or agency to which it is transmitted or delivered in his files in the place from which the record was withdrawn. When cover sheets of registrants are transmitted by mail a strict accounting shall be maintained of the dispatch and receipt thereof. [Amdt. 51, 19 F. R. 215, Jan. 12, 1954] § 1606.23 Entries on records.

Selective service offices shall make entries on records with typewriter, black ink, or rubber stamp, except where the use of one is specifically directed. Red ink shall be used only as specifically directed.

§ 1606.31

CONFIDENTIAL RECORDS

What records confidential. Except as provided by law or by the regulations in this part, the records in a registrant's file and the information contained in such records shall be confidential.

§ 1606.32 Availability and use of confidential records and information.

(a) Information contained in records in a registrant's file may be disclosed or furnished to, or examined by, the following persons, namely:

(1) The registrant, or any person having written authority dated and signed by the registrant: Provided, That, whenever the time of the expiration of such authority is not specified therein, no information shall be disclosed, furnished, or examined under that authority after the expiration of a period of 1 year from its date.

(2) The legal representative of a deceased or incompetent registrant, or where there is no legal representative appointed for the estate of a deceased registrant, his next of kin: Provided, That proof of the registrant's death and proof of the relationship of the next of kin to the registrant have been submitted and are in his file. For the purpose of this subparagraph, the next of kin to the registrant shall be limited to his widow, child, mother, father, brother, or sister.

(3) All personnel of the Selective Service System while engaged in carrying out the functions of the Selective Service System.

(4) Any other agency, official, or employee, or class or group of officials or employees, of the United States or any State or subdivision thereof upon written request in individual cases, but only when and to the extent specifically authorized in writing by the State Director of Selective Service or the Director of Selective Service.

(b) Information contained in records in a registrant's file may be disclosed or furnished to, or examined by, a United States Attorney and his duly authorized representatives, including agents of the Federal Bureau of Investigation, whenever the registrant has been reported to the United States Attorney as a delinquent or for prosecution for violating the Universal Military Training and Service Act, as amended, or the rules, regulations, or directions made pursuant thereto.

(c) Notwithstanding any other provisions of the regulations in this part, information contained in any record in a registrant's file may be disclosed or furnished to, or examined by, any person having specific written authority from the Director of Selective Service. No use person shall any information so disclosed, furnished, or examined for any purpose other than that designated in such written authority.

(d) No information shall be disclosed or furnished to, or examined by, any person under the provisions of this section, until such person has been properly identified as a person, or as the authorized representative of an agency, entitled to so obtain such information. (E.O. 9979, July 20, 1948, 13 F.R. 4177; 3 CFR, 1943-1948 comp.) [29 F.R. 3109, Mar. 6, 1964, as amended at 30 F.R. 2150, Feb. 17, 1965]

The making or filing by or on behalf of a registrant of a claim or action for damages against the Government or any person, based on acts in the performance of which the record of a registrant or any part thereof was compiled, or the institution of any action against the Government or any representative thereof by or on behalf of a registrant involving his classification, selection, or induction, shall be a waiver of the confidential nature of all selective service records of such registrant, and, in addition, all such records shall be produced in response to the subpena or summons of the tribunal in which such claim or action is pending.

§ 1606.35 Subpena of records.

(a) In the prosecution of a registrant or any other person for a violation of the Universal Military Training and Service Act, as amended, the Selective Service Regulations, any orders or directions made pursuant to such act or regulations, or for perjury, all records of the registrant shall be produced in response to the subpena or summons of the court in which such production or proceeding is pending. Any officer or employee of the Selective Service System who produces the records of a registrant in court shall be considered the custodian of such records for the purpose of this section.

(b) Except as provided in paragraph (a) of this section, no officer or employee of the Selective Service System shall produce a registrant's file, or any part thereof, or testify regarding any confidential information contained therein, in response to the subpena or summons of any court without the consent, in writing, of the registrant concerned, or of the Director of Selective Service.

(c) Whenever, under the provisions of this section, a registrant's file, or any part thereof, is produced as evidence in the proceedings of any court, such file

shall remain in the personal custody of an official of the Selective Service System, and permission of the court be asked, after tender of the original file, to substitute a copy of the file with the court.

(E.O. 9979, July 20, 1948, 13 F.R. 4177; 3 CFR 1943-1948 Comp.) [13 F.R. 4420, July 31, 1948, as amended at 28 F.R. 2278, Mar. 8, 1963]

§ 1606.37 Disclosure or furnishing of information relating to physical or mental condition.

Information relating to the physical or mental condition of a registrant may be disclosed or furnished to the appropriate civil authorities by a medical advisor to the State Director of Selective Service or a medical advisor to the local board where he is required by law to report diseases or defects noted therein.

§ 1606.38 "Disclose," "furnish," and "examine" defined.

When used in this part, the following words with regard to the records of, or information as to, any registrant shall have the meaning ascribed to them as follows:

(a) "Disclose" shall mean a verbal or written statement concerning any such record or information.

(b) "Furnish" shall mean providing In substance or verbatim a copy of any such record or information.

(c) "Examine” shall mean a visual inspection and examination of any such record or information at the office of the local board or appeal board as the case may be.

§ 1606.39 Searching or handling records.

Except as specifically provided in the regulations in this part or by writtten authority of the Director of Selective Service, no person shall be entitled to search or handle any record.

§ 1606.40 Furnishing lists of registrants.

Lists of registrants may be prepared and posted or furnished only as provided in the regulations in this part or in accordance with written instructions from the Director of Selective Service.

§ 1606.41 Forwarding mail addressed to a registrant.

First class mail addressed to a registrant received by any local board or State

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