Skip to Content


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

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Enhanced Content

Relevant information about this document from provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


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


Final rule.


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.


This rule is effective on August 7, 2019.

Start Further Info


MAJ Maria Elizabeth Sanchez, 703-695-5527,

End Further Info End Preamble Start Supplemental 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 Start Printed Page 38552Processing Data Collection Forms,” dated September 9, 2011, which can be located at​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:​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.

Start List of Subjects

List of Subjects in 32 CFR Part 96

  • Investigations
  • Privacy
End List of Subjects Start Part


End Part Start Amendment Part

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

End Amendment Part Start Signature

Dated: August 1, 2019.

Aaron T. Siegel,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

End Signature End Supplemental Information

[FR Doc. 2019-16785 Filed 8-6-19; 8:45 am]