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Directive:

DINAP BULLETIN 86-39


Status: Cancelled

Subject:
Revised Application of Selective Service Registration Requirements in Section 504 of the Job Training Partnership Act (JTPA) to Individuals 26 Years of Age or Older

Purpose:
To advise grantees of new requirements pertaining to the provisions of JTPA's Section 504.

To

All Native American Granttes

From

HERBERT FELLMAN PAUL A. MAYRAND Chief Director Division of Indian and Native Office of Special Targeted American Programs Programs

Date

June 19, 1987

Expiration Date

Continuing.

Rescissions:    None.
Text :
References. a. JTPA, Section 504; b. DINAP Bulletins 84-2 and 84-41. Background. The National Defense Authorization Act for Fiscal Year 1987, which was signed into law on November 14, 1986, amended Section 12 of the Military Selective Service Act to add a new subsection, as follows: "(g) A person may not be denied a right, privilege, or benefit under Federal law by reason of failure to present himself for and submit to registration under section 3 if--" "(1) the requirement for the person to so 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 accompanying Conference Report clarified "that a nonregistrant is not to be denied any Federal benefit if he can demonstrate that his failure to register was not knowing or willful." This provision was added "in order not to penalize an individual with an obvious disqualifying handicap, such as total paralysis of the limbs, or an individual who has been honorably discharged from the armed services." As a result of this new statutory requirement, it is necessary to revise the procedures for determining the qualifications of otherwise eligible males, 26 years of age and older, to participate in programs funded under JTPA. ETA is publishing these new requirements as a Notice in the Federal Register. Revised Policy. Effective immediately, in determining the qualifications of males to participate in JTPA programs, the following steps should be followed: a. For males who are at least 18 years of age but less than 26 years of age, the current procedures should continue to be used. That is, a determination should be made as to whether such males have complied with Section 504 of JTPA. b. For males 26 years of age and older a three-step process should be followed. (1) A determination shall be made as to whether the male has complied with Section 504 of JTPA and Section 3 of the Military Selective Service Act. The same procedures as are used for making such a determination with respect to males 18 to 25 may be used. If the male has complied with the above cited sections, no further action is necessary and an otherwise eligible male may participate in JTPA programs. If the male has not complied, the following determination must be made. (2) A determination shall be made as to whether the male has received an honorable discharge from the U.S. military services. If the male has received an honorable discharge from the military, no further action is necessary and an otherwise eligible male may participate in JTPA programs. Appropriate documentation would include making a copy of the individualls military discharge (Form DD-214) for the intake record. If the male does not have an honorable discharge, the following determination must be made. (3) A determination shall be made as to whether the male has a visible or obvious handicap that would permanently disqualify him from military service. If the male has such a handicap, no further action is necessary and an otherwise eligible male may participate in the JTPA program. Appropriate documentation would include a notation of the type of handicap observed by the JTPA program in the individuals intake record. If the male does not have a visible or obvious handicap that would permanently disqualify him from military service, nor an honorable discharge, and has not complied with Selective Service's Registration requirements, the procedures in 5. below shall be followed. The above determinations may be made in any order deemed appropriate by the JTPA program. Determination of Whether an Applicant Knowingly and Willfully Failed to Register. The determination of whether a male applicant knowingly and willfully failed to register as required by the Military Selective Service Act shall be made by the Selective Service System. Where a JTPA program determines that a male applicant 26 years of age or older who was born on or after January 1, 1960 does not meet any of the qualifications contained in 4.b. above, the male should be advised that an advisory opinion is required from the Selective Service, before he may be determined eligible to participate in JTPA programs. Males wishing to participate in JTPA programs who do not meet any of the qualifications in Part 4.b. are to be instructed to send information necessary for a determination to: The Office of General Counsel Selective Service System National Headquarters Washington, D.C. 20435 Necessary information consists of: (1) the applicant's name; (2) the applicant's current address; (3) the applicant's date of birth; (4) (optional) the applicant's Social Security number (Applicants may voluntarily provide this to the Selective Service to aid in differentiating among persons with identical names. The Selective Service does not, however, require this information.); (5) a statement that the applicant is requesting an advisory opinion under Section 3 of the Military Selective Service Act; and (6) the applicant's documentation regarding his reasons for not registering for the draft. The Selective Service has agreed to respond to each individual with an advisory opinion within 30 days of receipt of each request. Where the Selective Service opinion advises that the male did knowingly and willfully fail to comply with the Military Selective Service Act, the male is ineligible for JTPA services and cannot be enrolled. Where the Selective Service opinion advises that the male did not knowingly and willfully fail to register, the applicant should promptly return to JTPA with this letter. Males with such a Selective Service advisory opinion may, if otherwise eligible, be determined eligible to participate in JTPA programs. Transition Procedures - Determination Whether a Current Participant Knowingly and Willfully Failed to Register. Prior to July 31, 1987, the determination called for in Part 4.b. above shall be made for all male participants currently enrolled in JTPA programs who were born on or after January 1, 1960 for whom no such determinations have previously been made. Males who meet any of the conditions outlined in Part 4.b. shall be determined as eligible to continue to participate in JTPA. Where a male does not meet any of the conditions outlined in 4.b. above, the male shall be notified that an advisory opinion will be requested by the grantee from the Selective Service in order to determine whether he may continue to participate in JTPA. For current participants, grantees are to send information necessary for a determination directly to the Office of General Counsel of the Selective Service System. The necessary information is identical to that listed in Part 5. above, for each current participant to be reviewed for an advisory opinion. Grantees are not responsible for offering advice or direction to individuals, when obtaining a statement from each participant of his reasons why he did not comply with the draft registration requirement. The Selective Service shall respond within 30 days of receipt of each request. If the Selective Service opinion advises that a current participant did not knowingly and willfully fail to register, the male may continue to participate. If the Selective Service opinion advises that any male did knowingly and willfully fail to register, that individual must be immediately terminated from the JTPA program. Allowable Costs for Current Male Participants. Through July 31, 1987, all costs associated with males 26 years of age or older who were born after January 1, 1960, and who were determined eligible and enrolled into JTPA in accordance with the policy set forth in DINAP Bulletins 84-2 and 84-41 shall be recognized as allowable costs, if otherwise allowable, unless the grantee has received the advisory opinion made by the Selective Service that the individual did knowingly and willfully fail to register. In such instances, the costs associated with such an individual will be recognized as allowable for no more than seven days following the grantee's receipt of the opinion from the Selective Service. This seven-day action period shall apply to all Selective Service advisory opinions regarding current participants, both those opinions received by the JTPA program before July 31, 1987 as well as those received after July 31, 1987. All costs associated with current participants who have been determined eligible under the conditions described in part 4.b. of this bulletin, or who are not found in the Selective Services's advisory opinion to have knowingly or willfully failed to register, shall continue to be allowable costs for the balance of these individuals' participation in JTPA. Action. Grantees shall assure that they are in compliance with these revised requirements. Inquiries. Contact your DINAP Federal Representative.

Attachments :
None.




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