I.Purpose
To outline policy regarding requirements for Selective Service System (hereafter "Selective Service") registration as mandated by the Workforce Investment Act (WIA) and the Military Selective Service Act (MSSA) for:
- Male participants born on or after January 1, 1960 18 through 25; and
- Male participants born on or after January 1, 1960 age 26 and over who have not registered; and
- Male participants born on or after January 1, 1960 who are exempt from registering with Selective Service.
This policy applies to enrollment in the Youth, Adult and Dislocated Worker programs.
II.Effective Date
Immediately
III.Background
The Workforce Investment Act (WIA) Section 189 requires all participants receiving assistance or benefit under WIA to comply with Selective Service registration requirements under the MSSA. The MSSA, Section 3(a) requires male citizens of the United States who are born on or after January 1, 1960 and who are ages 18 through 25 years of age, to register for Selective Service at www.sss.gov.
IV.Requirements
The Military Selective Service Act (MSSA) requires every male U.S. citizen and non-citizen national, and non-immigrant males not in compliance with their legal status in the country are who are ages 18 through 25 years of age to register with Selective Service. WIA requires that males must register with Selective Service to participate in services and activities funded by WIA. See Section A for the exceptions to Selective Service registration.
A.Exemptions to Selective Service registration
1.Cadets and Midshipmen at Service Academies.
2.Confined: Incarcerated, or hospitalized or institutionalized for medical reasons. However, they must register within 30 days after being released if they have not yet reached their 26th birthday.
3.Continually confined to a residence, hospital or institution.
4.Females: While women officers and enlisted personnel serve with distinction in the U.S. Armed Forces, women have never been subject to Selective Service registration or a military draft in America.
5.Lawful non-immigrants on visas (i.e. diplomatic personnel, foreign students, tourists with unexpired forms). However, a non-immigrant who failed to maintain legal status for more than 30 days is required to register. A non-immigrant student who failed to maintain full-time student status is also required to register.
6.Males 26 or older: Once males reach the age of 26, it's too late to register. Even though they may not be prosecuted, they may be denied student financial assistance, Federal job training, and most Federal employment unless convincing evidence is provided to the agency providing the benefit, that the failure to register was not knowing and willful.
7.Military-related: Members of the Armed Forces on active duty.
8.Non-citizen male: If he enters the US as a permanent resident after he has already passed his 26th birthday is not required to register because he is over the age limit.
9.Special agricultural workers: Holders of I-688A; green card holder.
10.Students in Officer Procurement Programs at Military Institutes.
Special Categories
1.Disabled men, or men with medical conditions: Neither the Military Selective Service Act nor the Presidential proclamation provide an exemption from registration because of a man's mental or physical condition unless Selective Service is provided with documented evidence that the man is hospitalized or institutionalized; or home-bound and unable to function outside the home, with or without physical assistance; or is in such a physical or mental condition that he would not comprehend the nature of his registration with the Selective Service System. A determination is then made by Selective Service as to whether or not the man qualifies for exemption from registration.
2.Individuals who have had a sex change: Individuals who are born female and have a sex change are not required to register. U.S. citizens or immigrants who are born male and have a sex change are still required to register. In the event of a resumption of the draft, males who have had a sex change can file a claim for an exemption from military service if they receive an order to report for examination or induction.
3.Only Sons: Sole surviving sons must register and they can be drafted. However, they may be entitled to a peacetime deferment if there is a military death in the immediate family.
B.Determining eligibility for customers who failed to register
- Males ages of 18 through 25:
An individual who is of age (i.e. ages of 18 through 25) but not registered with Selective Service must be directed to register at www.sss.gov prior to enrollment in WIA.
In 1986, the Military Selective Service Act was amended by Public Law 99-661, 1366, to require that military registration status be examined and confirmed as follows:
"A person may not be denied the right, privilege, or benefit under Federal law by reason of failure to present himself for and submit to registration under Section 3 (section 453) if:
1the requirement to register has terminated or become inapplicable to the person, and
2.the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register."
Males age 26 and older, born on or after January 1, 1960 who have not registered with Selective Service, are considered "ineligible" to participate in WIA services. The burden of proof then falls on the individual to provide a statement or evidence as to why he failed to register with Selective Service.
Local areas should have written procedures in place for circumstances when the individual is too old to register and evidence of registration is not found. If after evaluating the evidence provided by the customer, the local area staff determines that the failure to register was not knowing and willful and he is otherwise eligible for WIA, services may be granted. However, if the determination is that the individual's failure to register was knowing and willful, WIA services will be denied. Individuals denied services should be advised of the available grievance procedures under WIA. Decisions by the local area regarding selective service registration determinations are subject to WIA grievance and appeal procedures.
Note: Former Illegal Aliens: Male aliens 26 years or older who entered the U.S. illegally and who were subsequently granted legal status by the INS (IRCA-legalized aliens) or who were born after December 31, 1959, can be registered in WIA. It is important to remember that WIA prohibits participation of an alien without legal status from INS, even if there is a determination that there is evidence to show the customer did not knowingly and willfully fail to register with Selective Service.
C.How to register for Selective Service
Register Online
Of-age males may register online with Selective Service: www.sss.gov
At the Post Office
Selective Service "mail-back" registration forms are available at any U.S. Post office. Of-age males can complete the form and mail it to Selective Service, while those living overseas may register at any U.S. Embassy or consular office.
Check Box
Males ages 18 through 26 can register when completing the Federal Student Financial Aid (FAFSA) form. By checking box #22 of the FAFSA form the Department of Education will furnish the registration information to Selective Service.
High School
Males attending high school should consult with their high school guidance counselor regarding the identification of the assigned Selective Service registrar.
V.Recording/Documentation
Local areas need to maintain accurate documentation in circumstances where either the individual is too old to register or meets any of the allowable exceptions to Selective Service registration requirement. Such documentation should be maintained in the participant file, following the requirements of Ohio's source documentation guide to eligibility, and should be accessible for monitoring purposes.
The Selective Service number is required to be reported, as appropriate in Ohio's workforce case management system by the assigned data entry personnel.
VI.Technical Assistance
For additional information, you may send your questions to: WIAQNA@JFS.OHIO.GOV.
VI.Reference
Section 189 (h) of WIA
20 CFR Section 670.420 of WIA Regulations
Section 3 of the Military Selective Service Act (50 U.S.C. App. 453)
Selective Service Web site: www.sss.gov
Rescission
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