[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR86.1]

[Page 424-425]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 86--CRIMINAL HISTORY BACKGROUND CHECKS ON INDIVIDUALS IN CHILD CARE 
SERVICES--Table of Contents
 
Sec. 86.1  Purpose.

    This part: (a) Implements Public Law 101-647, section 231 and Public 
Law 102-190, section 1094.
    (b) Requires procedures for existing and newly hired individuals and 
includes a review of personnel and security records to include a Federal 
Bureau of Investigation (FBI) fingerprint check and State Criminal 
History Repositories (SCHR) checks of residences

[[Page 425]]

listed on employment or certification applications.
    (c) Establishes policy, assigns responsibilities, and prescribes 
procedures for criminal history background checks for all existing and 
newly hired individuals involved in the provision of child care services 
as Federal employees, contractors, or in Federal facilities to children 
under the age of 18. The checks are required of all individuals in the 
Department of Defense involved in providing child care services defined 
in Public Law 101-647, and for policy reasons, those categories of 
individuals not expressly governed by the statute.
    (d) Allows the Department to provisionally hire such individuals 
before the completion of a background check. However, at all times while 
children are in the care of that individual, the child care provider 
must be within sight and under the supervision of a staff person whose 
background check has been successfully completed. Healthcare personnel 
shall comply with guidance provided in the Memorandum from the Assistant 
Secretary of Defense for Health Affairs (ASD(HA)) \1\, April 20, 1992.
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    \1\ Copies may be obtained from OASD(HA) Room 3E346, The Pentagon, 
Washington, DC 220301-1200.
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    (e) Includes all individuals providing child care services to 
children in accordance with 32 CFR part 310, Federal Personnel Manual 
(FPM) 2, 32 CFR part 154, DoD Directive 6400.1 3, 
DoD Instruction 6060.2 4, DoD Instruction 6400.2 
5, DoD Directive 1400.13 6, 32 CFR part 68, DoD 
Directive 6025.11 7, DoD Directive 1015.1 8, and 
32 CFR part 212.
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    \2\ Copies may be obtained from a Federal Depositary Library, or a 
Federal Agency Personnel Office.
    \3\ Copies may be obtained from the National Technical Information 
Service, 5285 Port Royal, Springfield, VA 22161.
    \4\ See footnote 3 to Sec. 86.1(e).
    \5\ See footnote 3 to Sec. 86.1(e).
    \6\ See footnote 3 to Sec. 86.1(e).
    \7\ See footnote 3 to Sec. 86.1(e).
    \8\ See footnote 3 to Sec. 86.1(e).
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