This policy update ensures compliance with the U.S. Department of Labor issued guidance on Selective Service requirements for WIOA Title I programs.

Selective Service bases the registration requirement on gender assigned at birth and not on gender identity or on gender reassignment. Individuals who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register.

The legal authority is based on the Military Selective Service Act (MSSA), which does not address gender identity or transgender persons. In addition, Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. Thus, Selective Service interprets the MSSA as applying to gender at birth because Congress did not contemplate transgender persons or a person’s gender identity when it required on “males” to register when the Selective Training and Service Act of 1940 was passed and amended by the Selective Service Act of 1948 to create the Selective Service System.  Until Congress amends the MSSA or passes a separate law addressing transsexuals and gender identity, Selective Service must follow the intent of Congress when it required only males to register – the registration requirement is based on gender at birth.

For purposes of this policy, the term male refers to gender assigned at birth.