ETA Home  >  DIRECTIVES  >   
Advisory and Program search result

Directive:

DINAP BULLETIN 89-37


Status: Cancelled

Subject:
Selective Service Registration Requirements Update

Purpose:
To supplement information on the Selective Service System (SSS) previously provided to grantees in other DINAP Bulletins. The information attached to this bulletin includes: a review of basic registration requirements under Section 504 of the Job Trainin

To

All Native American Grantees

From

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

Date

May 18, 1990

Expiration Date
Continuing.
Rescissions:    None.
Text :
References. JTPA Section 504; DINAP Bulletins 84-2, 84-41, and 86-39. Background. Bulletin 84-2 provided grantees with a Technical Assistance Guide (TAG) containing the legislative requirements under both JTPA and the Military Selective Service Act (MSSA) , and suggested options for implementing Section 504. Bulletin 84-41 provided additional clarifying information in a question and answer format, and Bulletin 86-39 advised grantees of new requirements pertaining to the provisions of Section 504 up to the date of that bulletin. As noted above, this bulletin supplements previous issuances. Action. Grantees are to review the attachment and insure that they are complying with the requirements. Questions. Contact your DINAP Federal Representative.

Attachments :
1. Review of Basic Registration Requirements Under Section 504 of JTPA. a. Any male born after December 31, 1959, and who is subject to the Selective Service registration requirement cannot register after he attains age 26. Any male JTPA applicant who has attained age 18, but has not yet attained age 26, can mitigate his failure to register timely by presenting himself at a U.S. Post Office or before an official Selective Service System (SSS) registrar and submitting the information necessary for Selective Service registration. b. The draft registration status of male applicants now 26 years of age or older must be determined by JTPA programs, prior to enrolling such applicants into JTPA. In November 1986, the Military Selective Service Act (MSSA) was amended by a provision contained in the National Defense Authorization Act for Fiscal Year 1987, P.L. 99-661. This amendment added a new subsection (g) under Section 12, which required that the registration status of all males born after December 31, 1959, now be examined and confirmed, 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 Conference Report to the amendment 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." Because of this amendment it became necessary to adjust the JTPA procedures for determining the qualifications of otherwise eligible males 26 years of age and older who were born after December 31, 1959. c. Guidelines on Alien Male Applicants. Alien males born after December 31, 1959, who entered the United States before attaining their 26th birthday are subject to the registration requirements of the MSSA. Those who entered after attaining their 26th birthday are exempt from the registration requirements. INS Form I-94 (Arrival-Departure Record) and INS Form I-551 (Alien Registration Receipt Card commonly called the "green card") held by aliens will show the birth date of the alien. Also, INS has granted legal status and employment authorization to lawful seasonal agricultural workers (SAWS) and formerly illegal aliens under the 1986 Immigration Reform and Control Act (IRCA). This directive, the universal Selective Service registration requirement, applies to all immigrant male aliens, whether legally admitted to the United States, newly legalized persons (NLPS) under IRCA, or illegal aliens. Male aliens who entered the United States Illegally and who have not been granted legal immigrant status or employment authorization by the INS, or who are unable to produce INS documentation of their legal status, cannot be enrolled into JTPA programs due to the limitation of Section 167(a)(5) of JTPA. This requirement provides: "Participation ... under this Act shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States." d. Unallowable Costs. All costs associated with the enrollment of any individual found to have violated the MSSA by failing to register are unallowable costs under a JTPA grant. Part 5 of the directive provides information on how unregistered JTPA applicants may be authorized by SSS to enroll, so that the cost of serving them is an allowable cost to JTPA funds. 2. Steps to be followed in determining whether male applicants to JTPA satisfy the Section 504 Selective Service registration requirement as a condition for participating in JTPA. a. For all males. Determine date of birth. The MSSA is not applicable to males born before January 1. 1960. It is also not applicable to males who have not yet reached their 18th birthday. It is applicable to all other male applicants born after December 31, 1959. b. For males who have attained age 18 but have not yet attained age 26. Verify whether the applicant has complied with the registration requirement of the MSSA. Verification may be made by inspecting the applicant's SSS Registration Acknowledgement, or by calling the Selective Service Registration Information Office (1-800-621-5388). JTPA programs wishing to maintain documentation for audit purposes should record the applicant's SSS registration number, as listed on the Registration Acknowledgement or provided by SSS staff over-the 1180011 line. Selective Service will send a Registration Acknowledgement out for all new registrations it receives. Due to the volume of request, SSS is no longer able to send out written verification follow-up acknowledgements, to confirm answers provided over the 1180011 line regarding registrations. c. For males born after December 31, 1959, who are 26 years of age or older. (1) Registration with Selective Service should be verified in the manner described in paragraph b. above. This will allow the JTPA program to determine whether a man had complied with registration, and now meets the JTPA Section 504 requirement. If the man had complied with registration, no further action is necessary and an otherwise eligible male may participate in JTPA programs. If the man is not registered, the following additional determination must be made. (2) Determine whether the applicant has received an honorable discharge from active duty with one of the U.S. military services. military service must have been on active duty. Reserve duty and National Guard service are not acceptable. If the applicant served on military active duty but did not receive an honorable discharge or a release under honorable conditions, a determination must be made in accordance with paragraph d. below. If the applicant served on active duty and received an honorable discharge or release under honorable conditions, and is otherwise eligible, he may participate in JTPA programs. A copy of the individuals military discharge document (DD Form 214) should be placed in the intake record. (3) Determine whether the applicant has a "visible or obvious handicap" that would permanently disqualify him from military service. If a man has an obvious physical or mental disability, no further action is necessary and an otherwise eligible man 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 an applicant 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 registration, the procedures in d. below shall be followed. The above determinations may be made in any order deemed appropriate by the JTPA program. d. 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 MSSA shall be made by SSS. 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 2.c. 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. There are two ways for an applicant to obtain an advisory opinion: (1) Call the SSS at 1-800-621-5388, and ask that an "advisory opinion request form" be sent to him. The applicant then fills out the form according to instructions and returns it to the SSS for a determination. (2) The applicant may send information necessary for an advisory opinion directly to:" Selective Service System (ADV) P.O. Box 4638 North Suburban, Illinois 60197-4638 Information necessary for an advisory opinion 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 Account Number (Applicants may voluntarily provide this. Under JTPA, the submission of the Social Security Account Number cannot be required. However, the Selective Service has authority under the MSSA to require use of Social Security Account (SSA) numbers. Inclusion of the SSA number will greatly assist Selective Service in searching for a man's record.); (5) a statement that the applicant is requesting an advisory opinion under Section 3 of the MSSA; (6) the applicant's explanation as to why he failed to register with the SSS after reaching age 18 and before reaching age 26; (7) (optional) aliens should include copies of the INS Form I-551 or I-94, or both, if available.The SSS will need this information in order to respond with an advisory opinion. SDAs and JTPA program operators should not offer advice or direction to individuals when obtaining a statement from the applicant concerning the reasons why he did not comply with the Selective Service registration requirement. Simply tell the applicant to state the reason as he believes it to be true. Selective Service will generally respond to each advisory opinion request within 30 days of receipt. Where the Selective Service opinion advises that its evidence indicates that the applicant knowingly and willfully failed to register with the SSS as required by law, the applicant is ineligible for JTPA services and cannot be enrolled. Where the SSS opinion advises that the male did not knowingly and willfully fail to register, the applicant should promptly return to JTPA with his advisory opinion. Males with such a Selective Service advisory opinion may, if otherwise eligible, be determined eligible to participate in JTPA programs. e. Determination whether lawfully admitted aliens have satisfied the Section 504 Selective Service registration requirements. Aliens who enter the United States lawfully and have INS documents to show employment authorization, can prove their date of birth and age through their INS documents. As noted in Part i.c. above, all immigrant aliens born after December 31, 1959, who have attained age 18 but have not attained age 26, are subject to the registration requirement of the MSSA. As with all other men subject to registration, their registration status is to be checked prior to enrolling them into JTPA programs. Immigrant aliens, and refugees, parolees, asylees, SAWS, and IRCA-legalized aliens with work permits can be enrolled into JTPA programs once an SSS registration or exemption is established. All immigrant male aliens and refugees, parolees, asylees, SAWs and IRCA-legalized aliens born after December 31, 1959, who are able to produce INS documentation showing they were, in fact, 26 years of age or older at the time of entry into the United States are not subject to the MSSA, and may be enrolled in JTPA programs if otherwise eligible. Their INS documents should be photocopied and attached to their JTPA intake record (documenting their age, date of entry into the United States and alien status as immigrant, refugee, parolee, asylee, seasonal agricultural worker or legalized non-immigrant under the IRCA). Male aliens 26 years of age or older who entered the United States illegally and who were subsequently granted legal status by the INS or who were born after December 31, 1959, but who are not registered with the SSS can be enrolled into JTPA only after the advisory opinion procedure outlined in Part 2.d. above has been followed. If Selective Service issues an opinion that it has no evidence that such individuals knowingly and willfully failed to register, the individuals can then be enrolled into JTPA. Thus, it is possible for political refugees, asylees, seasonal agricultural workers, and legalized persons under IRCA to receive needed JTPA training and services, once INS has granted them legal status and Selective Service procedures have been followed. It is important to remember that Section 167(a)(5) of JTPA prohibits participation of an alien without legal status from the INS, even if the Selective Service issues an opinion that there is no evidence to show that the applicant knowingly and willfully failed to register with the SSS.



Article Tools
Get free Acrobat Reader To view PDF files you need Acrobat Reader.
To view the pdf file as html go to Adobe's PDF-to-HTML conversion tool