Selective Service registration for WIA Title I programs

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/TEGL_11-11_change2-Acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION               WIA
               ADVISORY SYSTEM                          CORRESPONDENCE SYMBOL
                                                        OWI/DWASWS
          U.S. DEPARTMENT OF LABOR
                                                        DATE
             Washington, D.C. 20210                     May 16, 2012


ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 11-11,
          CHANGE 2

TO:            STATE WORKFORCE AGENCIES
               STATE WORKFORCE ADMINISTRATORS
               STATE AND LOCAL WORKFORCE INVESTMENT BOARD DIRECTORS
               COMPREHENSIVE AND AFFILIATE ONE-STOP CAREER CENTER
               DIRECTORS
               JOB CORPS CONTRACTORS
               INDIAN AND NATIVE AMERICAN WORKFORCE INVESTMENT ACT
               SECTION 166 GRANTEES
               NATIONAL FARMWORKER JOBS PROGRAM GRANTEES
               DISCRETIONARY GRANTEES

FROM:          JANE OATES /s/
               Assistant Secretary

SUBJECT:       Selective Service Registration Requirements for Employment and Training
               Administration Funded Programs

1. Purpose. This Training and Employment Guidance Letter (TEGL) 11-11, Change 2 clarifies
   the implementation of the Selective Service registration requirements of the Workforce
   Investment Act (WIA) of 1998 § 189(h), codified at 20 CFR 667.250, and the Military
   Selective Service Act (50 U.S.C. App. 453), codified at 32 CFR Part 1605. This guidance
   clarifies that grantees, subgrantees, or contractors funded or authorized by Title I of
   WIA must set a policy for potential participants who are males 26 years old or older
   that failed to register with the Selective Service. The policy may either (1) request a
   Status Information Letter from a potential participant before making a determination
   of knowing and willful failure to register; or (2) initiate the process to determine if the
   potential participant’s failure to register was knowing and willful without the first
   requesting a Status Information Letter (see Section 4. Ensuring Selective Service
   Compliance in the Public Workforce System). This clarification replaces and supersedes
   prior guidance issued.

2. Applicable Programs and Services. All programs and services established or receiving
   assistance under Title I of WIA must comply with Selective Service registration
   requirements. These requirements apply to both formula and discretionary grants awarded by


  RESCISSIONS                                         EXPIRATION DATE
  None                                                Continuing

   the Employment and Training Administration under WIA. Any grantee with questions
   regarding the applicability of these requirements should contact their Federal Project Officer.

3. Selective Service Registration Requirements. Men born on or after January 1, 1960 are
   required to register with Selective Service within 30 days of their 18th birthday (i.e. 30 days
   before or 30 days after their birthday.) This includes males who are:
   • Citizens of the U.S.;
   • Non-citizens, including illegal aliens, legal permanent residents, seasonal agricultural
       workers, and refugees, who take up residency in the U.S. before their 26th birthday;
       and/or
   • Dual nationals of the U.S. and another country regardless of whether they live in the U.S.

   For U.S. citizens, Selective Service registration is not required if the man falls within one of
   the following categories:
   • Men who are serving in the military on full-time active duty;
   • Men attending the service academies;
   • Disabled men who are continually confined to a residence, hospital or institution; and/or
   • Men who are hospitalized, institutionalized, or incarcerated are not required to register
       during their confinement; however, they must register within 30 days after being released
       if they have not yet reached their 26th birthday.

   For non-U.S. citizens, Selective Service registration is not required if the man falls within
   one of the following categories:
   • Non-U.S. male who came into this country for the first time after his 26th birthday.
      Acceptable forms of supporting documentation include:
      1. Date of entry stamp in his passport;
      2. I-94 with date of entry stamp on it; or
      3. Letter from the U.S. Citizenship and Immigration Services (USCIS) indicating the
           date the man entered the United States presented in conjunction with documentation
           establishing the individual’s age.
   • Non-U.S. male who entered the U.S. illegally after his 26th birthday. He must provide
      proof that he was not living in the U.S. from age 18 through 25.
   • Non-U.S. male on a valid non-immigrant visa.

   This list is not intended to be exhaustive. Please visit the Selective Service website for more
   information about the registration requirements at www.sss.gov. The Selective Service
   System also provides a quick reference chart showing who must register located at
   http://www.sss.gov/PDFs/WhoMustRegisterChart.pdf.

4. Ensuring Selective Service Compliance in the Public Workforce System. In order to
   participate in a program established by or receiving assistance under Title I of WIA, all males
   born on or after January 1, 1960 must present documentation showing compliance with the
   Selective Service registration requirement. Acceptable documentation to determine a
   person’s Selective Service registration status include:

•   Selective Service Acknowledgement letter;
•   Form DD-214 “Report of Separation”;
•   Screen printout of the Selective Service Verification site:
    www.sss.gov/RegVer/wfVerification.aspx. For males who have already registered, this
    website can be used to confirm their Selective Service number as well as the date of
    registration, by entering a last name, social security number, and date of birth;
•   Selective Service Registration Card;
•   Selective Service Verification Form (Form 3A); and/or
•   Stamped Post Office Receipt of Registration.

Registration Requirements for Males Under 26

Before being enrolled in WIA Title I-funded services, all males who are not registered with
the Selective Service and have not reached their 26th birthday must register through the
Selective Service website at www.sss.gov. If a male turns 18 while participating in any
applicable services, registration with Selective Service must be completed no later than 30
days after he becomes 18 in order to continue to receive WIA Title I-funded services. If a
man under the age of 26 refuses to register with the Selective Service, WIA Title I-funded
services must be suspended until he registers.

Registration Requirements for Males 26 Years and Over

Before enrolling in WIA Title I-funded services, all males, 26 years of age or older, must
provide (1) documentation of compliance with the Selective Service registration requirement;
(2) documentation showing they were not required to register; or (3) if they were required to
but did not register, documentation establishing that their failure to register was not knowing
and willful.

The grantee, subgrantee, or contractor that enrolls individuals in WIA Title I-funded activities
may require that males 26 years and over, who failed to comply with the Selective Service
registration requirement, request a Status Information Letter before making a determination
that the failure to register was knowing and willful. Alternatively, an entity may initiate its
process to determine if the failure to register was knowing and willful without first having the
potential program participant request the Status Information Letter. The second option may
be preferable for entities that have time limits for enrolling participants (e.g. individuals
recently released from incarceration).

Requesting a Status Information Letter. An individual may obtain a Status Information
Letter from Selective Service if he (1) believes he was not required to register; or (2) did
register but cannot provide any of the documentation listed in Section 3. The Request for
Status Information Letter form can be accessed at http://www.sss.gov/PDFs/infoform.pdf and
the instructions can be accessed at http://www.sss.gov/PDFs/instructions.pdf. The individual
will need to describe, in detail, the circumstances that prevented him from registering (e.g.,
hospitalization, institutionalization, incarceration, and/or military service from age 18

through 25.) and provide documentation of those 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 services authorized or funded by Title I
of WIA. 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 WIA Title
I-funded activities and services until it can be determined that his failure to register was
not knowing and willful. All costs associated with grant-funded services provided to non-eligible individuals may be disallowed.

Determining Knowing and Willful Failure to Register. If the individual was required but
failed to register with the Selective Service as determined by the Status Information Letter or
by his own acknowledgment, the individual may only receive services if he can establish by a
preponderance of the evidence that the failure to register was not knowing and willful. The
grantee, subgrantee, or contractor that enrolls individuals in WIA Title I-funded activities is
responsible for evaluating the evidence presented by the individual and determining whether
the failure to register was a knowing and willful failure.

Evidence presented may include the individual’s written explanation and supporting
documentation 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. The following are examples of documentation
that may be of assistance in making a determination in these cases:

1. Service in Armed Forces. Evidence that a man has served honorably in the U.S. Armed
    Forces such as DD Form 214 or his Honorable Discharge Certificate. Such documents
    may be considered sufficient evidence that his failure to register was not willful or
    knowing.
2. Third Party Affidavits. Affidavits from parents, teachers, employers, doctors, etc.
    concerning reasons for not registering, may also be helpful to grantees in making
    determinations in cases regarding willful and knowing failure to register.

In order to establish consistency regarding the implementation of the requirement, grantees
should consider the following questions when determining whether a failure to register is
knowing and willful.

In determining whether the failure was “knowing,” the authorized organization should
consider:
• 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 (e.g., veterans who were discharged before their
    26th birthday were occasionally told that they did not need to register)?
• 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?

   •   Does the status information letter indicate that Selective Service sent letters to the
       individual at that address and did not receive a response?

   In determining whether the failure was “willful,” the authorized organization should
   consider:
   • Was the failure to register done deliberately and intentionally?
   • Did the individual have the mental capacity to choose whether or not to register and
       decided not to register?
   • What actions, if any, did the individual take when he learned of the requirement to
       register?

   If an authorized organization determines it was not a knowing and willful failure and the
   individual is otherwise eligible, services may be provided. If the authorized organization
   determines that evidence shows that the individual’s failure to register was knowing and
   willful, WIA services must be denied. Individuals denied services must be advised of
   available WIA grievance procedures. Authorized organizations must keep documentation
   related to evidence presented in determinations related to Selective Service.

5. Inquiries. Direct all inquiries to Employment and Training Administration Federal Project
   Officer.