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Farmworker BULLETIN 97-16 Effective: September 24, - (n/a)

Directive:
Farmworker BULLETIN 97-16

Subject:
Selective Service Registration

Purpose:
To provide updated guidance to S402 grantees on applying the Selective Service (SSS) registration requirement.

To:
All Section 402 Grantees From:

Charles C. Kane Anna W.Goddard
Chief Director
Division of Seasonal Office of National
Farmworker Programs Programs
Date: Expiration Date:
September 24, 1997 None Given

Text:

DATE
September 23, 1997
DIRECTIVE
FARMWORKER BULLETIN NO. 97-16
TO
ALL SECTION 402 GRANTEES
SUBJECT
Selective Service Registration

1. Purpose. To provide updated guidance to SS402 grantees on applying the Selective Service (SSS) registration requirement.

2. References. JTPA SS604 of the 1992 Job Training Reform Amendments; Farmworker Bulletin No. 94-5, which transmitted Training and Employment Guidance Letter (TEGL) No. 4-89, and Training and Employment Information Notice No. 20-94.

3. Background. For males to be eligible for enrollment in JTPA programs, only those males who are subject to and have complied with the registration requirements of the Military Selective Service Act are eligible for participation in SS402 funded programs and services. The SSS registration requirement applies only to males born after December 31, 1959, and during the period between their 18th and 27th birth dates.

Occasionally males who were subject to SSS registration, but who did not register and are now beyond their 26th birth date, apply for assistance from the SS402 program. In the past, when grantees completed the "advisory form" for such applicants, the SSS responded with an "advisory opinion letter" which, in effect, ruled on an applicant's compliance with the domestic assistance program's requirement to register with the SSS.

In 1987, the registration provision was amended by Public Law 99-661 to require the registration status to 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." (See TEGL No. 4-89.)

Since January 1995, the SSS has been issuing "status information letters" indicating an applicant's SSS status, in lieu of the previous system of "advisory opinion letters."

This current practice is pursuant to SSS's determination that final decisions for dispersing federally financed domestic benefits, rights, or training, rests solely with

the various provider agencies. Examples of the "Status Information Letters" are attached.

4. Policy. Any individual over 26 years old who possesses a "Status Information Letter" from the SSS indicating that the individual was required to register, but did not register and cannot now be registered because the law does not allow for registration after the age of 26, is presumptively disqualified from participation in SS402 funded services and activities. The burden then falls on the applicant to provide evidence, explaining why he failed to register with the SSS. To move to the next stage, grantee's staff should request a written explanation from the applicant,such as a signed Certification, stating his circumstances at the time and explaining his reasons for not registering. Since the SS402 grantee is now authorized to make these determinations, the SS402 staff should evaluate the evidence presented by the applicant in his statement and make a determination on the applicant's failure to register with the SSS as follows:

If the SS402 staff determines that the evidence does not
show that the applicant's failure to register was not
knowing and willful, then the applicant should be
determined ineligible and provided an opportunity to
file a grievance

If the SS402 staff determines that the evidence does
show that the applicant's failure to register was not
knowing and willful, the applicant is eligible for the
SS402 program if all other eligibility requirements are
met.

The determinations by the staff designated by the SS402 grantee are the official decisions on each case, subject to grievance as noted above.

5. Action Required. Please inform appropriate staff of the above policy.

6. Inquiries. Contact the Federal Representative assigned to your grant.

ATTACHMENTS

Sample Status Information letters as attachments to TEIN No. 20-94
RESCISSIONS
None
EXPIRATION DATE
None

_________________________ ___________________________

CHARLES C. KANE ANNA GODDARD Chief Director Division of Seasonal Office of National Farworker Programs Programs


Attachments: For a copy of Attachment(s) contact Belinda Taylor at (202) 219-8216 Contact: Type of Document: Classification: None Given Source: Correspondence Symbol: Recissions: None Given None