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DOD/OS RIN: 0790-AK89 Publication ID: Spring 2022 
Title: Background Checks on Individuals Providing Care and Services to Children in Department of Defense Programs 

Public Law 101-647, also known as the Crime Control Act of 1990, requires all individuals involved with the provision of childcare services to children under the age of 18 undergo a criminal background check. Childcare services include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services discussed in the previous sentence. 

The purpose of this regulatory action is to provide policy updates and clarifying guidance to the Military Departments in the execution of their roles in conducting criminal history background checks on individuals providing care and services to children under 18 years of age in Department of Defense (DoD) programs.  The updates and clarifying guidance include:  (1) the introduction of the newly established Defense Counterintelligence and Security Agency (DCSA) as the authorized investigative service provider,  replacing the Office of Personnel Management (OPM); (2) the introduction of two DD forms; (3) Clarifying how individuals can be placed in a provisional status and permitted to work under Line of Sight Supervision (LOSS) prior to the completion of portions of their background investigation; (4) Facility usage to adequately monitor staff who work under LOSS;  (5) Changing the title of this section of the CFR for greater clarity.  

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 86   
Legal Authority: 5 U.S.C. 2105    10 U.S.C. ch. 47    42 U.S.C. 13041   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dianna Ganote
Program Analyst
Department of Defense
Office of the Secretary
4800 Mark Center Drive, Suite 03G15,
Alexandria, VA 22350
Phone:571 372-3990