Acquisition and Use of Criminal History Record Information by the Military Services, 38551-38552 [2019-16785]

Download as PDF jspears on DSK3GMQ082PROD with RULES Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations (a) The making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to subsection (a) of that section; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 5. The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in subsection 1(a) of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is therefore hereby suspended. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 6. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 7. Nothing in this order shall apply to transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programmes, funds, and related organizations) by employees, grantees, or contractors thereof. Sec. 8. For the purposes of this order: (a) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘foreign financial institution’’ means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes, but is not limited to, depository institutions, banks, savings banks, money service businesses, trust companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the foregoing. The term does not include the international financial institutions identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural Development, the North American Development Bank, or any other international financial institution so notified by the Secretary of the Treasury; (c) the term ‘‘Government of Iran’’ includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Iran, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran; VerDate Sep<11>2014 17:55 Aug 06, 2019 Jkt 247001 (d) the term ‘‘Iran’’ means the Government of Iran and the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Iran claims sovereignty, sovereign rights, or jurisdiction, provided that the Government of Iran exercises partial or total de facto control over the area or derives a benefit from economic activity in the area pursuant to international arrangements; (e) the term ‘‘knowingly,’’ with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result; (f) the term ‘‘person’’ means an individual or entity; and (g) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 9. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 12957, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All agencies shall take all appropriate measures within their authority to implement this order. Sec. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) The authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 12. The measures taken pursuant to this order are in response to actions of the Government of Iran occurring after the conclusion of the 1981 Algiers Accords, and are intended solely as a response to those later actions. Donald J. Trump PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 38551 THE WHITE HOUSE, May 8, 2019. Dated: August 1, 2019. Andrea Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2019–16842 Filed 8–6–19; 8:45 am] BILLING CODE 4810–AL–P 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 Office of the Under Secretary of Defense for Personnel and Readiness, DoD. ACTION: Final rule. AGENCY: 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. 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 SUMMARY: E:\FR\FM\07AUR1.SGM 07AUR1 38552 Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations 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] 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] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 311 [Docket ID: DOD–2019–OS–0049] RIN 0790–AK57 Office of the Secretary of Defense and Joint Staff Privacy Program Office of the Secretary of Defense/Joint Staff, DoD. ACTION: Final rule. AGENCY: This final rule removes DoD’s regulation concerning the Office of the Secretary of Defense and Joint Staff (OSD/JS) Privacy Program. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy Program rule, which contains the necessary information for an agencywide privacy program regulation under the Privacy Act and now serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and may be removed from the CFR. DATES: This rule is effective on August 7, 2019. jspears on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 17:55 Aug 06, 2019 Jkt 247001 FOR FURTHER INFORMATION CONTACT: Mrs. Luz D. Ortiz at 571–372–0478. DoD now has a single DoD-level Privacy Program rule at 32 CFR part 310 (84 FR 14728) that contains all the codified information required for the Department. The OSD/JS Privacy Program regulation at 32 CFR part 311, last updated on October 30, 2009 (74 FR 56114), is no longer required and may be removed. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest because it is based on the removal of policies and procedures that are either now reflected in another CFR part, 32 CFR 310, or are publically available on the Department’s website. To the extent that OSD/JS internal guidance concerning the implementation of the Privacy Act within OSD/JS is necessary, it will continue to be published in Administrative Instruction 81, OSD/ Joint Staff (JS) Privacy Program, https:// www.esd.whs.mil/Portals/54/ Documents/DD/issuances/ai/ a81p.pdf?ver=2019-02-25-104539-627. This rule is one of 20 separate component Privacy rules. With the finalization of the DoD-level Privacy rule at 32 CFR part 310, the Department eliminated the need for component Privacy rules, thereby reducing costs to the public as explained in the preamble of the DoD-level Privacy rule published on April 11, 2019 at 84 FR 14728. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. SUPPLEMENTARY INFORMATION: List of Subjects in 32 CFR Part 311 Privacy. PART 311—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 311 is removed. ■ Dated: August 1, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–16775 Filed 8–6–19; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2019–0660] Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on the Milwaukee River, between the I–794 overpass to the confluence of the Kinnickinnic River in Milwaukee, WI for the Milwaukee Open Water Swim, also referred to as the ‘‘Cream City Classic’’ on August 10, 2019 to provide for the safety of life on navigable waterways during the event. During the enforcement period, vessels and persons are prohibited from transiting through, mooring, or anchoring within the safety zone without approval from the Captain of the Port (COTP) Lake Michigan or a designated representative. DATES: The regulations in 33 CFR 165.929 Table 165.929(f)(18) will be enforced on August 10, 2019 from 6 a.m. to 12 noon. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Chief Petty Officer Kyle Weitzell, Sector Lake Michigan Waterways Management Division, U.S. Coast Guard; telephone 414–747–7148, email Kyle.W.Weitzell@ uscg.mil. SUMMARY: The Coast Guard will enforce the Safety Zone in 33 CFR 165.929 Table 165.929(f)(18) for the Milwaukee River Open Water Swim, also referred to as the ‘‘Cream City Classic’’ from 6 a.m. to 12 noon on August 10, 2019. This action is being taken to provide for the safety of life on navigable waterways of the Milwaukee River in Milwaukee, WI. This safety zone will encompass all waters of the Milwaukee River from the I–794 overpass to the confluence of the Milwaukee River and Kinnickinnic River. Pursuant to 33 CFR 165.929, entry into, transiting, or anchoring within the safety zone during an enforcement period is prohibited unless authorized by the COTP or their designated on-scene representative(s). Those seeking permission to enter the safety zone may request permission from the COTP via Channel 16, VHF– FM or by phone at 414–747–7182. SUPPLEMENTARY INFORMATION: E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[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.

-----------------------------------------------------------------------

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]
BILLING CODE 5001-06-P
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