U.S.
Department of Labor
Employment
& Training Administration
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Farmworker BULLETIN 97-16 Effective: September 24, - (n/a)
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:
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:
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
_________________________ ___________________________
CHARLES C. KANE ANNA GODDARD
Chief Director
Division of Seasonal Office of National
Farworker Programs Programs
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