I.Purpose
This communication provides guidance regarding WIA eligibility of males registered with the Selective Service System (SSS) and males over the age of 26 who have not registered. WIA administrative entities should convey this guidance to subrecipients and other entities that provide WIA activities and services.
II.Effective Date
Immediately
III.Guidance Statements
The Military Selective Service Act (MSSA) requires male U.S. citizens, nationals, some male immigrants and others between the ages of 18 and 26 to register with the Selective Service System (SSS). The Workforce Investment Act and regulations require that male customers must register with the Selective Service System to participate in services and activities funded by WIA. There are exceptions to the MSSA requirement as to whom must register.
Administrative entities and One-Stop Operators may get male customers seeking WIA services who have not registered with the Selective Service System and are over the age of 26. These individuals are presumptively disqualified from participation in WIA activities and services. Administrative entities have the responsibility for deciding WIA eligibility of males not registered with the Selective Service System and who cannot register because the MSSA does not allow for registration after the age of 26. If a customer between the ages of 18 and 26 is not registered, they should be referred to the Selective Service System at www.sss.gov.
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:
(1)the 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."
The decision as to whether a male over age 26 has fully met the Selective Service requirement must be based on the preponderance of evidence that the male customer's failure to register was not knowing or willful. To determine what is "knowing and willful" the administrative entity should advise customers to provide a "Status Information Letter." The "Status Information Letter" indicates an individual's Selective Service Status. The "Status Information Letter" and instructions may be obtained from www.sss.gov.
Local workforce investment board's policy and procedure should describe how to determine if an individual over age 26 "knowingly and willfully" did not register. The administrative entity should have procedure in place to determine if males over age 26 and not registered with the selective service are/were citizens, nationals, etc., and were required to be registered. These procedures should be in place for all registered (core, intensive and training services) WIA male customers.
The procedure should include requiring the "Status Information Letter" and a written explanation from the customer stating his circumstances at the time of the required registration and his reasons for not registering. Supporting documentation concerning the reasons for not registering is also required. Customers may be advised to offer as much evidence and in as much detail as possible to support his case. Third party affidavits from parents, teachers, employers, doctors, etc. concerning reasons for not registering, may also be helpful to administrative entities in making determinations. The burden of proof is on the applicant. Such evidence should be in compliance with Federal, State and local workforce investment board policy and guidance.
If after reviewing the evidence, the administrative entity determines that the preponderance of the evidence shows that a man's failure to register was not a knowing and willful failure and he is otherwise eligible for WIA, services may be granted.
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, if otherwise eligible, only after a "Status Information Letter" has been obtained from SSS. If SSS issues a "Status Information Letter" that has no evidence that such individuals knowingly and willfully failed to register, the individuals should provide the administrative entity reasons why SSS has no evidence of their registration and provide evidence to justify they did not knowingly or willfully fail to register.
If SSS is silent on such a case, the administrative entity must make the determination. 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 SSS.
If the administrative entity determines that the man's failure to register was knowing and willful, WIA services must be denied. Applicants denied services should be advised of the available grievance procedures under WIA. Decisions by the administrative entity regarding selective service registration determinations are subject to WIA grievance and appeal procedures.
SSS registration may be verified on-line at www.sss.gov
The following chart gives guidance on male groups that are required or exempt from registering. The chart also gives examples of documentation that may be presented by male customers to assist administrative entities in making a determination on whether the customer did not knowingly and willfully fail to register with SSS.
Who Must Register to be Eligible for WIA Services
| Who Must Register to be Eligible for WIA Services |
|---|
| Selective Service Status | Documentation | Yes | No |
|---|
| All male US citizens born from March 29, 1957 to December 31, 1959 (The registration program was not in operation at the time they turned 18. The requirement to register was reinstated in 1980 and applied to all men born on or after January 1, 1960.) | Proof of date of birth | | No |
| All male US citizens born after December 31, 1959, who are 18 but not yet 26 years old, except as noted below: | Verify registration on-line | Yes | |
Military-Related
Members of the Armed Forces on active duty (active duty for training does not constitute 'active duty' for registration purposes.)
| | | No* |
| Males who served honorably in the US Armed Forces and received an honorable discharge |
DD Form 214**
Honorable Discharge Certificate**
| | No |
| Cadets and Midshipmen at Service Academies or Coast Guard Academy | | | No* |
| Cadets at the Merchant Marine Academy | Verify registration on-line | Yes | |
| Students in Military Officer Procurement Programs at the Citadel, North Georgia College, and State University, Norwich University and Virginia Military Institute, Texas ATM University and Virginia Polytechnic Institute and State University | | | No* |
| National Guardsman and Reservists not on active duty | Verify registration on-line | Yes | |
| Delayed Entry Program enlistees | Verify registration on-line | Yes | |
| ROTC Students | Verify registration on-line | Yes | |
| Separatees from Active Military Service, separated for any reason before age 26 | Verify registration on-line | Yes* | |
| Males rejected for enlistment for any reason before age 26 | Verify registration on-line | Yes | |
| Civil Air Patrol members | Verify registration on-line | Yes | |
Aliens**
Non-Immigrant Aliens: Lawful non-immigrants on visas (e.g., diplomatic and consular personnel and families; foreign students; and tourists with unexpired visas or border crossing documents. Males are not required to register with Selective Service, but must be authorized to work in the US.
| INS Forms I-94, I-95A Border Crossing Documents: I-185, I-186, or I-444 | | No |
| Permanent resident aliens | Verify registration on-line | Yes | |
Aliens Males Who Entered the U.S. on or after age 26
The Immigration and Naturalization Service (INS) has granted legal status and employment authorization to some formerly illegal aliens under the 1986 Immigration Reform and Control Act (IRCA).
|
Alien Registration Receipt (commonly called the Green Card shows birth date)
INS Form I-94 (Arrival-Departure Record)
| | No |
Special (seasonal) agricultural workers
The Immigration and Naturalization Service (INS) has granted legal status and employment authorization to some lawful seasonal agricultural workers (SAWS) and some formerly illegal aliens under the 1986 Immigration Reform and Control Act (IRCA).
| INS Form I-688 | Yes | |
Special agricultural workers
The Immigration and Naturalization Service (INS) has granted legal status and employment authorization to some lawful seasonal agricultural workers (SAWS) and some formerly illegal aliens under the 1986 Immigration Reform and Control Act (IRCA).
| INS Form I-688A | | No |
| Immigrant Aliens: Refugee, parolee, and asylee aliens, SAWs, and IRCA-legalized aliens with work permits only after SSS registration or exemption is established | INS Form I-688 (Temporary Resident Card) | Yes | |
| Undocumented (illegal) aliens | Verify registration on-line | Yes | |
| Dual National U.S. citizens | Verify registration on-line | Yes | |
Confinement
Incarcerated, hospitalized, or institutionalized for medical reasons during the pertinent years when male was required to register
| Court or institution of release Hospital, or other facility (such as resident) where male was confined Document should indicate time frame | | No* |
Handicapped physically or mentally
Able to function in public with or without assistance
Males with disabilities that would disqualify them from military service
| Verify registration on-line | Yes | |
| * Must register within 30 days of release unless already age 26, or already registered when released, or unless exempt during entire period aged 18 through 25. |
| ** Such documents may be considered prima facie evidence that the failure to register with the SSS was not willful or knowing. |
Note: Residents of Puerto Rico, Guam, Virgin Islands, and Northern Mariana Islands are U.S. citizens. Citizens of American Samoa are nationals and must register when their permanent address is in the U.S. This also goes for a national or citizen of the Republic Marshall Islands or the Federal States of Micronesia if they live in the U.S. for more than one year for any reason, except as a student or employee of the government of his homeland.
Local workforce investment boards have the final authority to determine if the reason and documentation were sufficient to determine a customer not registered with the Selective Service System eligible for WIA.
IV.Technical Assistance
Questions concerning this guidance may be directed to John Weber, Chief, Bureau of Workforce Services a weber@odjfs.state.oh.us, or (614) 644-8836.
V.Reference
Section 189 (h) of WIA. 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.