[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38551-38552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16785]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 96

[Docket ID: DOD-2019-OS-0055]
RIN 0790-AK27


Acquisition and Use of Criminal History Record Information by the 
Military Services

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Final rule.

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SUMMARY: This final rule removes DoD's regulation addressing the 
acquisition and use of criminal history record information on potential 
applicants and recruits for the United States Armed Forces. That 
regulation articulated the Department's statutory authority to collect 
criminal background information from other government agencies 
including state and local governments, and it set forth internal 
standards for the use and protection of that information. Because that 
authority and those standards are set forth in current statute and 
internal policies, this part is not needed. Further, DoD utilizes a 
standardized form to request this criminal information, and any burden 
on the public attributable to the information collection is accounted 
for through the Paperwork Reduction Act process. Therefore, the 
regulation is unnecessary and can be removed from the CFR.

DATES: This rule is effective on August 7, 2019.

FOR FURTHER INFORMATION CONTACT: MAJ Maria Elizabeth Sanchez, 703-695-
5527, maria.e.sanchez48.mil@mail.mil">maria.e.sanchez48.mil@mail.mil.

SUPPLEMENTARY INFORMATION: It has been determined that publication of 
this CFR part removal for public comment is unnecessary since it is 
based on removing information that paraphrases existing law and DoD 
internal procedures. Title 5 U.S.C. 9101 authorizes the Department to 
collect and properly use criminal history record information on 
potential recruits. Internal policies can be found in DoD Instruction 
1304.02, ``Accession

[[Page 38552]]

Processing Data Collection Forms,'' dated September 9, 2011, which can 
be located at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130402p.pdf. Further, DD Form 369, ``Police Records 
Check,'' is used to request local criminal history information and has 
been cleared under OMB Control Number 0704-0007. It can be found at the 
following web address: https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0369.pdf.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review.'' Therefore, the requirements of E.O. 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' do not 
apply.

List of Subjects in 32 CFR Part 96

    Investigations, Privacy.

PART 96--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 96 is 
removed.

    Dated: August 1, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-16785 Filed 8-6-19; 8:45 am]
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