I.Purpose
The purpose of this policy is to outline the requirements for
Selective Service System (hereafter "Selective Service") registration
as mandated by the Workforce Innovation and Opportunity Act (WIOA) and the
Military Selective Service Act (MSSA) for:
- Participants born male on or after January 1,
1960, ages 18 through 25 years old; and
- Participants born male on or after January 1,
1960, ages 26 and over who have not registered; and
- Participants born male 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
Effective Immediately
III.Background
Section 189 (h) of the WIOA requires all participants receiving
assistance or benefit under WIOA to comply with Selective Service registration
requirements under the MSSA. Section
3(a) of the MSSA 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
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 who are ages 18 through 25 years of age to register with the Selective
Service. Further information on who is
required to register for selective services can be found at: Who Needs to
Register | Selective Service System : Selective Service System (sss.gov).
Unless exempted,
individuals will have registered for selective service to be eligible for and
participate in services and activities funded by WIOA adult, dislocated worker,
and youth programs.
An individual may obtain a Status Information Letter from
Selective Service if he:
- Believes that he was not required to register;
or
- Did register but cannot provide any
documentation of the registration.
The Request for Status Information Letter form can be accessed
at https://www.sss.gov/verify/sil/. The individual will need to describe, in
detail, the circumstances that prevented him from registering and provide the
documentation of such circumstances. The documentation should be specific as to
the dates of the circumstances.
If the Status Information Letter indicates that an individual
was not required to register for the Selective Service, then he is eligible to
enroll in WIOA services. If the Status
Information Letter indicates that the individual was required to and did not
register, he is presumed to be disqualified from participation in WIOA services
until it can be determined that his failure to register was not knowing and
willful.
It should be noted that the request for a Status Information
Letter from Selective Service is not required.
The local area may initiate its process to determine if the failure to
register was knowing and willful without first having the applicant request the
Status Information Letter.
A.Determining
Eligibility for Customers who Failed to Register
An individual who is ages 18 through 25 and required to register
with the selective service but has not must be directed to register at www.sss.gov
prior to enrollment in the WIOA.
Individuals born male ages 26 and older, born on or after
January 1, 1960, who have not registered with Selective Service, are considered
"ineligible" to participate in WIOA services.
If the individual was required to but failed to register with
the Selective Service as determined by the Status Information Letter or by his
own acknowledgement, the individual may only receive services if he can
establish by a preponderance of the evidence that the failure to register was
not knowing or willful. The WIOA staff
is responsible for evaluating the evidence presented by the individual and
determining whether the failure to register was knowing and willful per the
local area's 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 United States Citizenship and Immigration Services (USCIS) or who were born after December 31, 1959, can
be registered in WIOA. It is important
to remember that WIOA prohibits participation of an alien without legal status
from USCIS, 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.
B.Local
Workforce Development Area Procedures
Local areas must have written procedures in place to document
compliance with the Selective Service registration requirement, documentation
showing an applicant was not required to register, and to establish the process
and criteria for documentation establishing that the failure to register was
not knowing and willful.
Documentation presented to demonstrate that the lack of
registration was not knowing and willful may include the individual's written
explanation and supporting evidence of his circumstances at the time of the required
registration and the reasons for failure to register. The individual should be encouraged to offer
as much evidence and in as much detail as possible to support his case.
In order to establish consistency regarding the implementation
of the requirement, the local area should consider the following questions when
determining whether or not a failure to register is knowing and willful.
Knowing
- Was the individual aware of the requirement to
register?
- If the individual knew about the requirement to
register, was he misinformed about the applicability of the requirement to him?
- On which date did the individual first learn
that he was required to register?
- Where did the individual live when he was
between the ages of 18 and 26?
Willful
- Was the failure to register done deliberately
and intentionally?
- Did the individual have the mental capacity to
choose whether or not to register and decide not to register?
- What actions, if any, did the individual take
when he learned of the requirements to register?
If, after evaluating the evidence provided by the applicant, the
local area staff determines that the failure to register was not knowing and
willful, and he is otherwise eligible for WIOA, services may be granted.
However, if the determination is that the individual's failure
to register was knowing and willful, WIOA services will be denied. Individuals denied services should be advised
of the available grievance procedures under WIOA. Decisions by the local area regarding
selective service registration determinations are subject to the WIOA grievance
and appeal procedures.
C.How
to Register for Selective Service
Register Online
Of-age Individuals born 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 Individuals born male 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
Individuals born male ages 18 through 26 can register when
completing the Free Application for Federal Student Aid (FAFSA) form.
High School
Individuals born male attending high school should consult with
their guidance counselor regarding the identification of the assigned Selective
Service registrar.
V.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 the Selective Service registration
requirement. Such documentation must be
maintained in the participant file following source documentation requirements
outlined in WIOAPL No. 15-07.3, Source Documentation for
WIOA Eligibility.
The Selective Service number is required to be reported, as
appropriate, in Ohio’s designated case management system.
VI.Monitoring
Through the state’s monitoring system, program monitors will
review selective service documentation, including conducting a participant file
review, during the annual onsite monitoring review for compliance with federal
and state laws and regulations. Any
issues will be handled through the state’s monitoring resolution process.
VII.Technical
Assistance
For additional information, you may send your questions to the
Office of Workforce Development: OWDPOLICY@jfs.ohio.gov.
For technical assistance, you may send your request to the
Office of Workforce Development: WIAQNA@jfs.ohio.gov.
VIII. References
Workforce Innovation and Opportunity Act,
Public Law 113-128
29 U.S.C. 3101 et seq.
Military Selective Service Act, 50 U.S.C.
App. 453, 32 C.F.R. Part 1605.
USDOL, Training and Employment Guidance
Letter No. 11-11, Change 2, Selective Service Registration Requirements for
Employment and Training Administration Funded Programs, (May 16, 2012).
ODJFS, Workforce Innovation and Opportunity
Act Policy Letter No. 15-07.3, Source Documentation for WIOA Eligibility, (August
14,2023).
Rescission
ODJFS, Workforce Innovation and Opportunity Act Policy Letter
No. 15-04 , Selective Service Registration, (July 15,2015)