```

[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 707-747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30620]

[[Page 707]]

Vol. 79

Monday,

No. 3

January 6, 2014

Part II

Department of Defense

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Office of the Secretary

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32 CFR Part 161

 Identification (ID) Cards for Members of the Uniformed Services, Their 
Dependents, and Other Eligible Individuals; Interim Rule

Federal Register / Vol. 79 , No. 3 / Monday, January 6, 2014 / Rules 
and Regulations

[[Page 708]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 161

[Docket ID: DoD-2009-OS-0184]
RIN 0790-AI61

Identification (ID) Cards for Members of the Uniformed Services, 
Their Dependents, and Other Eligible Individuals

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

ACTION: Interim rule with request for comments.

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SUMMARY: The Department of Defense (DoD) proposes to establish policy, 
assign responsibilities, and provide procedures for the issuing of 
distinct DoD ID cards. The ID cards shall be issued to uniformed 
service members, their dependents, and other eligible individuals and 
will be used as proof of identity and DoD affiliation. Following the 
June 26, 2013, U.S. Supreme Court decision that found Section 3 of the 
Defense of Marriage Act unconstitutional, this rule also extends 
benefits to same sex spouses of Uniformed Service members and DOD 
civilians. The Department will now construe the words ``spouse'' and 
``marriage'' to include same-sex spouses and marriages.

DATES: Effective date: This rule is effective on January 6, 2014.
    Comment date: Comments must be received by March 7, 2014.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Eves, Defense Human 
Resources Activity, 571-372-1956.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of This Regulatory Action

    Title 10, Sections 1061-1064, 1072-1074, 1074a-1074c, 1076, 1076a, 
1077, and 1095 (k)(2), authorize members of the Uniformed Services 
(active duty, Reserve, or retired members) and their spouses and 
dependents certain benefits and privileges. Title 18, Sections 499, 
506, 509, 701, and 1001, address penalties, fines and imprisonment for 
unauthorized reproduction of ID cards. The DoD ID cards authorize 
eligible individuals (to include specific categories of civilians and 
contractors) certain benefits and privileges to include health care; 
use of commissary; exchange; and morale, welfare, and recreation 
facilities.
    This regulatory action:
    a. Establishes policy, assigns responsibilities, and provides 
procedures for the issuing of all DoD ID cards.
    b. Incorporates policy for the implementation of Homeland Security 
Presidential Directive (HSPD) 12 within DoD.
    c. Incorporates Common Access Card (CAC) policy and issuance 
procedures.
    d. Incorporates CAC eligibility requirements for Foreign National 
personnel.
    e. Sets forth responsibilities and procedures for the DoD ID card 
life-cycle.
    f. Prescribes the benefits for commissary; exchange; morale, 
welfare, and recreation (MWR); Military Health Services direct care in 
military treatment facilities (MTFs); and TRICARE civilian health care 
(CHC) in support of the members of the uniformed services, their 
dependents, and other eligible individuals.

II. Background

    The current DoD Instruction, which establishes policy, assigns 
responsibilities, and provides procedures for issuing distinct DoD ID 
cards to uniformed service members, their dependents, and other 
eligible individuals, for proof of identity and DoD affiliation, was 
issued on December 5, 1997. DoD revised this instruction, updating the 
content and incorporating and canceling several policy memorandums, 
into a single instruction and two additional implementing manuals. The 
revised policy for ID cards was codified into a proposed rule which was 
published on August 6, 2010 (75 FR 47515). The June 26, 2013 U.S. 
Supreme Court decision in United States v. Windsor found Section 3 of 
the Defense of Marriage Act to be unconstitutional and the Department 
now construes the words ``spouse'' and ``marriage'' to include same-sex 
spouses and marriages.

III. Justification To Issue an Interim Rule

    DOD is promulgating this interim rule without prior opportunity for 
public comment since the policy for ID cards was published as a 
proposed rule on August 6, 2010 (75 FR 47515) and no public comments 
were received. So, this interim rule makes final the content of the 
proposed rule.
    With the June 26, 2013 Supreme Court decision in United States v. 
Windsor finding Section 3 of the Defense of Marriage Act 
unconstitutional, DoD is no longer prevented from extending Federal 
benefits to the same-sex spouses of DoD military members and civilian 
employees. As a result, in an August 13, 2013 Secretary of Defense 
Memorandum, ``Extending Benefits to Same-Sex Spouses of Military 
Members,'' the Secretary of Defense directed that, ``. . . spousal and 
family benefits, including identification cards, will be made available 
to same-sex spouses no later than September 3, 2013,'' (http://www.defense.gov/home/features/2013/docs/Extending-Benefits-to-Same-Sex-Spouses-of-Military-Members.pdf).
    DoD issues approximately five million ID cards each year to 
military members, civilian employees, contractors, foreign nationals, 
and where applicable, family members. The Department estimates the 
number of ID cards which will need to be issued to same-sex spouses and 
their families represent less than one percent of the total ID cards 
issued in a year. The Department believes this rule relates to ``agency 
management or personnel'' and is exempt under sec. 553(a)(2) from all 
requirements of sec. 533. Nevertheless, pursuant to 41 U.S.C. 1707, DoD 
will consider public comments received in response to this interim rule 
in the formation of the Department's final rule.

IV. Costs and Benefits of This Regulatory Action

    There are no costs to the public. There are no capital or start-up 
costs associated with the issuance of this rule. ID cards cost the 
Department approximately $28.3 million annually.

[[Page 709]]

V. Executive Orders 12866 and 13563

    Under Executive Orders (E.O.s) 12866 and 13563, the Department has 
determined that this interim rule is a significant regulatory action, 
though not an economically significant one, and it has been reviewed by 
OMB.
    It has been certified that 32 CFR part 161 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

VI. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), the DoD certifies that the interim rule will not 
have a significant economic impact on a substantial number of small 
entities.

VII. Unfunded Mandates Reform Act

    Per the Unfunded Mandates Reform Act of 1995 and E.O. 12875, this 
rule will not create an unfunded Federal mandate upon any State, local, 
or tribal government in the aggregate of $100 million or more. It also 
does not result in increased expenditures of the privacy sector of $100 
million or more.

VIII. Paperwork Reduction Act

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 161 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
The Application for Department of Defense Identification Card/DEERS 
Enrollment collection has been cleared by OMB and assigned OMB Control 
Number 0704-0415.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 161 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 161

    Administrative practice and procedure, Armed forces, Military 
personnel, National defense, Privacy, Security measures.

    Accordingly, 32 CFR part 161 is added to subchapter F to read as 
follows:

PART 161--IDENTIFICATION (ID) CARDS FOR MEMBERS OF THE UNIFORMED 
SERVICES, THEIR DEPENDENTS, AND OTHER ELIGIBLE INDIVIDUALS

Subpart A--Identification (ID) Cards for Members of the Uniformed 
Services, Their Dependents, and Other Eligible Individuals
Sec.
161.1 Purpose.
161.2 Applicability.
161.3 Definitions.
161.4 Policy.
161.5 Responsibilities.
161.6 Procedures.
Subpart B--DoD Identification (ID) Cards: ID Card Life-Cycle
161.7 ID card life-cycle procedures.
161.8 ID card life-cycle roles and responsibilities.
Subpart C--DoD Identification (ID) Cards: Benefits for Members of the 
Uniformed Services, Their Dependents, and Other Eligible Individuals
161.9 DoD benefits,
161.10 Benefits for active duty members of the uniformed services.
161.11 Benefits for National Guard and Reserve members of the 
uniformed services.
161.12 Benefits for former uniformed services members.
161.13 Benefits for retired members of the uniformed services.
161.14 Benefits for MOH recipients.
161.15 Benefits for Disabled American Veterans (DAV).
161.16 Benefits for transitional health care members and dependents.
161.17 Benefits for surviving dependents.
161.18 Benefits for abused dependents.
161.19 Benefits for former spouses.
161.20 Benefits for civilian personnel.
161.21 Benefits for retired civilian personnel.
161.22 Benefits for foreign affiliates.

    Authority: 10 U.S.C. 1061-1064, 1072-1074, 1074a-1074c, 1076, 
1076a, 1077, and 1095(k)(2), and 18 U.S.C. 499, 506, 509, 701, and 
1001.

Subpart A--Identification (ID) Cards for Members of the Uniformed 
Services, Their Dependents, and Other Eligible Individuals

Sec.  161.1  Purpose.

    This part:
    (a) Establishes policy, assigns responsibilities, and provides 
procedures for the issuing of distinct DoD ID cards. The ID cards shall 
be issued to uniformed service members, their dependents, and other 
eligible individuals and will be used as proof of identity and DoD 
affiliation.
    (b) Sets forth responsibilities and procedures for the DoD ID card 
life-cycle in accordance with this part.
    (c) Prescribes the benefits for commissary; exchange; morale, 
welfare, and recreation (MWR); Military Health Services direct care in 
military treatment facilities (MTFs); and TRICARE civilian health care 
(CHC) in support of the members of the uniformed services, their 
dependents, and other eligible individuals, in accordance with this 
part.

Sec.  161.2  Applicability.

    This part applies to:
    (a) The Office of the Secretary of Defense (OSD), the Military 
Departments (including the Coast Guard at all times, including when it 
is a Service in the Department of Homeland Security by agreement with 
that Department), the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the Department of Defense (hereafter referred to collectively as the 
``DoD Components'').
    (b) The Commissioned Corps of the U.S. Public Health Service 
(USPHS), under agreement with the Department of Health and Human 
Services, and the National Oceanic and Atmospheric Administration 
(NOAA), under agreement with the Department of Commerce.

Sec.  161.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    20/20/20, 20/20/15, or 10/20/10. See definition of ``former 
spouse.''
    Access to a DoD network. User logon to a Windows active directory 
account on the Nonsecure Internet Protocol Router Network (NIPRNet) or 
an authorized network operating system account on the NIPRNet.
    Access to a DoD network (remote). Authorized NIPRNet users 
accessing a NIPRNet resource from:
    (1) Another NIPRNet resource outside of the originating domain; or
    (2) An authorized system that resides outside of the NIPRNet. This 
includes domain-level access from handheld

[[Page 710]]

devices. Remote access includes logon for the purposes of telework, 
Virtual Private Network, and remote administration by DoD or non-DoD 
personnel.
    Active duty. Full-time duty in the active military service of the 
United States. This includes full-time training duty, annual training 
duty, and attendance, while in the active military service, at a school 
designated as a service school by law or by the Secretary of the 
Military Department concerned. Active duty does not include full-time 
National Guard duty.
    Active duty for a period of more than 30 days. Active duty under a 
call or order that does not specify a period of 30 days or less. When 
the ``Active Duty for a Period of More than 30 Days'' is established by 
consecutive sets of orders, their eligible dependents become entitled 
to TRICARE medical benefits on the first day of the set of orders that 
brings the period of active duty over 30 days.
    Adopted child. A child adopted before the age of 21 or, if enrolled 
in a full-time course of study at an institution of higher learning, 
before the age of 23. Except for entitlement to medical care, a child 
with an incapacitating condition that existed before the age of 21 or 
that occurred while the child was a full-time student prior to the age 
of 23, may be adopted at any age provided it is determined that there 
is a BONA FIDE parent-child relationship. Surviving children adopted by 
a non-military member after the death of the sponsor remain eligible 
for medical care only.
    Annulled. The status of an individual, whose marriage has been 
declared a nullity by a court of competent jurisdiction, that restores 
unremarried status to a widow, widower, or former spouse for 
reinstatement of benefits.
    Attainment of age 65. The first day of the month of the anniversary 
of the 65th birthday, unless the birthday falls on the first of the 
month. If the birthday is the first of the month, attainment of age 65 
occurs on the first day of the preceding month.
    Benefits. Entitlements or privileges that are assigned to a person 
or group of persons.
    CAC PIN reset (CPR). A portable, single-purpose system capable of 
providing timely PIN reset capability to the field without requiring a 
Common Access Card (CAC) holder to return to a CAC issuance facility 
(i.e. Real-Time Automated Personnel Identification System (RAPIDS), 
workstation).
    Certified document. Must be a certified true original and should 
convey the appropriate seal or markings of the issuer, or have a means 
to validate the authenticity of the document by a reference or source 
number, or be a notarized legal document or other document approved by 
a Judge Advocate, or have the appropriate certificate of authentication 
by a U.S. Consular Officer in the foreign country of issuance which 
attests to the authenticity of the signature and seal.
    Certified English translation. See requirements for certified 
document.
    CHC. Medical care provided through the TRICARE program including 
networks of CHC professionals, institutions, pharmacies, and suppliers 
to provide access to high-quality health care services.
    Child. A natural child, stepchild, or adopted child of the sponsor 
who is younger than 21 years of age. If 21 or older, the child may 
remain entitled if he or she is:
    (1) 21 or 22 years old and enrolled in a full-time course of 
education.
    (2) 21 or older but incapable of self-support because of a mental 
or physical incapacity that existed before the 21st birthday.
    (3) 21 or 22 years old and was enrolled full-time in an accredited 
institution of higher learning but became incapable of self-support 
because of a mental or physical condition while a full-time student.
    Civilian employee. DoD civilian employees, as defined in 5 U.S.C. 
2105 are individuals appointed to positions by designated officials. 
Appointments to appropriated fund positions are either permanent or 
time-limited and the employees are on full-time, part-time, or 
intermittent work schedules. In some instances, the appointments are 
seasonal with either a full-time, part-time, or intermittent work 
schedule. Positions are categorized further as Senior Executive Service 
(SES), Competitive Service, and Excepted Service positions. In 
addition, DoD employs individuals paid from NAFs, as well as foreign 
national citizens outside the United States, its territories, and its 
possessions, in DoD activities overseas. The terms and conditions of 
host-nation citizen employment are governed by controlling treaties, 
agreements, and memoranda of understanding with the foreign nations.
    Civilian noncombatant personnel. Personnel who have been authorized 
to accompany military forces of the United States in regions of 
conflict, combat, and contingency operations and who are liable to 
capture and detention by the enemy as POWs.
    Commissary. A benefit granted to eligible personnel in accordance 
with this part and DoD Instruction 1330.17 (available at http://www.dtic.mil/whs/directives/corres/pdf/133017p.pdf).
    Competitive service positions. See 5 U.S.C. 2102.
    Contingency operation. Defined in Joint Publication 1-02 (available 
at http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf).
    Contractor employee. An employee of a firm, or individual under 
contract or subcontract to the DoD, designated as providing services or 
support to the Department.
    Contractors authorized to accompany the force. Defined in Joint 
Publication 1-02.
    Cross-servicing. Agreement amongst all uniformed services to assist 
members regardless of the `parent service' of that member or their 
dependents for all matter ID card or benefits related when appropriate.
    Defense Enrollment Eligibility Reporting System (DEERS). The 
definitive centralized person data repository of identity and 
enrollment and eligibility verification data and associated contact 
information on members of the DoD Components, members of the Uniformed 
Services, and other personnel as designated by the DoD, and their 
eligible dependents and associated contact information.
    Dependent. An individual whose relationship to the sponsor leads to 
entitlement to benefits and privileges.
    Direct Care (DC). Medical care that TRICARE provides through the 
health care resources of the uniformed services through their clinics 
and MTFs. This does not include any medical care provided through the 
TRICARE CHC network.
    Dual eligible. A person who is entitled to Medicare Part A and 
enrolled in Medicare Part B and is also entitled to TRICARE medical 
benefits, in accordance with section 706 of Public Law 106-398 and 
Public Law 102-190, ``National Defense Authorization Act for Fiscal 
Years 1992 and 1993'' (available at http://thomas.loc.gov/cgi-bin/
query/C?c102:./temp/~c102UvpYbH).
    Dual status. A person who is entitled to privileges from two 
sources (e.g., a retired member, who is also the dependent of an active 
duty member; a retired-with-pay member who is employed overseas as a 
civilian by the U.S. Government and is qualified for logistical support 
because of that civilian employment; a member of a Reserve Component 
who is an eligible dependent of an active duty military sponsor; or a 
child, who is the natural child of one sponsor and the stepchild and 
member of a household of another sponsor).

[[Page 711]]

    Eligibility documentation. Properly certified birth certificate or 
certificate of live birth authenticated by attending physician or other 
responsible person from a U.S. hospital or a MTF showing the name of at 
least one parent; properly certified marriage certification; properly 
certified final decree of divorce, dissolution, or annulment of 
marriage and statements attesting to nonremarriage and status of 
employer-sponsored healthcare; court order for adoption or 
guardianship; statement of incapacity from a physician or personnel or 
medical headquarters of sponsor's parent uniformed service; letter from 
school registrar; retirement orders (providing entitlement to retired 
pay is established) or DD Form 214 ``Certificate of Release or 
Discharge from Active Duty;'' DD Form 1300, ``Report of Casualty;'' 
certification from the Department of Veterans' Affairs of 100 percent 
disabled status; orders awarding Medal of Honor (MOH); formal 
determination of eligibility for Medicare Part A benefits from the 
Social Security Administration (SSA); civilian personnel records; and 
invitational travel orders.
    Entitlements. Rights or authorities that are provided based on 
legislative statute.
    Entry level separation. As defined in DoD Instruction 1332.14, 
``Enlisted Administrative Separations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/133214p.pdf), an enlisted 
service member is considered in an entry-level status during the first 
180 days of continuous active military service, or the first 180 days 
of continuous active service after a service break of more than 92 days 
of active service. A Service member of a Reserve Component who is not 
on active duty or who is serving under a call or order to active duty 
for 180 days or less begins entry-level status upon enlistment in a 
Reserve Component. Entry-level status for such a Service member of a 
Reserve Component terminates as follows:
    (1) 180 days after beginning training if the Service member is 
ordered to active duty for training for one continuous period of 180 
days or more; or
    (2) 90 days after the beginning of the second period of active duty 
training if the Service member is ordered to active duty for training 
under a program that splits the training into two or more separate 
periods of active duty. For the purposes of characterization of service 
or description of separation, the Service member's status is determined 
by the date of notification as to the initiation of separation 
proceedings.
    Excepted service positions. Defined in 5 U.S.C. 2103.
    Exchange. A benefit that is extended to eligible individuals in 
accordance with DoD Instruction 1330.21.
    Family member. An individual who receives benefits based on his or 
her association to a sponsor. A family member is often a dependent.
    Federally controlled facility. Defined in Office of Management and 
Budget (OMB) Memorandum M-05-24, ``Implementation of Homeland Security 
Presidential Directive (HSPD) 12--Policy for a Common Identification 
Standard for Federal Employees and Contractors'' (available at http://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2005/m05-24.pdf).
    Foreign affiliate. An individual who is a foreign national, either 
foreign civilian; foreign contractor; or foreign uniformed services 
personnel who through assignment, temporary duty, school, training, 
policy board, or other defined agreement is affiliated with the DoD. 
They are identified to the DoD for benefits and DoD ID card purposes.
    Foreign national civilians and contractors. A category of personnel 
that are CAC-eligible if sponsored by their government as part of an 
official visit or assigned to work on a DoD facility and/or require 
access to DoD networks both on site or remotely (remote access must be 
on an exception only basis for this category).
    Former member. An individual who is eligible to receive retired 
pay, at age 60, for non-regular service pursuant to 10 U.S.C. chapter 
1223 but who has been discharged and who maintains no military 
affiliation. These former members, at age 60, and their eligible 
dependents are entitled to medical care, commissary, exchange, and MWR 
privileges. Under age 60, they and their eligible dependents are 
entitled to commissary, exchange, and MWR privileges only.
    Former spouse. An individual who was married to a uniformed 
services member for at least 20 years, and the member had at least 20 
years of service creditable toward retirement, and the marriage 
overlapped as follows:
    (1) 20 years marriage, 20 years creditable service for retirement, 
and 20 years overlap between the marriage and the service (referred to 
as 20/20/20). The benefits eligibility begins on the date of divorce;
    (2) 20 years marriage, 20 years creditable service for retirement, 
and 15 years overlap between the marriage and the service (referred to 
as 20/20/15). The benefits eligibility begins on the date of divorce; 
or
    (3) A spouse whose marriage was terminated from a uniformed service 
member who has their eligibility to receive retired pay terminated as a 
result of misconduct based on Service-documented abuse of the spouse 
and has 10 years of marriage, 20 years of creditable service for 
retirement, 10 years of overlap between the marriage and the service 
(referred to as 10/20/10). The benefits eligibility begins on the date 
of divorce.
    Foster child. A child without parental support and protection, 
placed with a person or family, usually by local welfare services or by 
court order. The foster parent(s) do not have custody, nor is there an 
adoption, but they are expected to treat the foster child as they would 
their own in regard to food, housing, clothing, and education. This is 
a non-medically entitled dependent.
    Full-time work schedule. Full-time employment with a basic 40-hour 
work week.
    ID card sponsor. The person affiliated to a DoD or other Federal 
agency who takes responsibility for verifying and authorizing the 
applicant's need for an ID card.
    Inactive National Guard (ING). Part of the Army National Guard. 
These individuals are Reservists who are attached to a specific 
National Guard unit, but who do not participate in training activities. 
On mobilization, they shall mobilize with their assigned units. These 
members muster with their units once a year. Issuance of DD Form 1173-1 
``United States Uniformed Services Identification and Privilege Card 
(Guard and Reserve Family Member)'' to ING dependents is mandatory.
    Incapacitated person. An individual who is impaired by physical 
disability, mental illness, mental deficiency, or other causes that 
prevent sufficient understanding or capacity to competently manage his 
or her own affairs.
    Institution of higher learning. A college, university, or similar 
institution, including a technical or business school, offering post 
secondary-level academic instruction that leads to an associate or 
higher degree, if the school is empowered by the appropriate State 
education authority under State law to grant an associate or higher 
degree. When there is no State law to authorize the granting of a 
degree, the school may be recognized as an institution of higher 
learning if it is accredited for degree programs by a recognized 
accrediting agency. The term also includes a hospital offering 
educational programs at the post secondary level regardless of whether 
the hospital grants a post

[[Page 712]]

secondary degree. The term also includes an educational institution 
that is not located in a State that offers a course leading to a 
standard college degree or equivalent and is recognized as such by the 
Secretary of Education (or comparable official) of the country or other 
jurisdiction in which the institution is located.
    Individual Ready Reserve (IRR). Trained individuals who have 
previously served in the active component or Selected Reserve (SelRes) 
and have time remaining on their military service obligation. Includes 
volunteers who do not have time remaining on the military service 
obligation, but are under contractual agreement to be a member of the 
IRR. These individuals are mobilization assets and may be called to 
active duty pursuant to the provisions of 10 U.S.C. chapter 1209. 
Issuance of DD Form 1173-1 to IRR dependents is mandatory.
    Intergovernmental Personnel Act (IPA) employees. The IPA mobility 
program provides temporary assignment of personnel between the Federal 
Government and State and local governments, colleges and universities, 
Indian tribal governments, federally funded research and development 
centers, and other eligible organizations.
    Intermittent work schedule. Employment without a regularly 
scheduled tour of duty.
    Medicare. Health insurance for people age 65 or older, under 65 
with certain disabilities, and any age with end-stage renal disease. 
The different parts of Medicare help cover specific services if certain 
conditions are met.
    (1) Medicare part A. Covers hospice care, home health care, skilled 
nursing facilities, and inpatient hospital stays.
    (2) Medicare part B. Covers doctors' services, outpatient hospital 
care, and other medical services that Part A does not cover, such as 
physical and occupational therapy. Other examples include X-rays, 
medical equipment, or limited ambulance service.
    Member. An individual who is affiliated with a Service, either 
active duty, Reserve, active duty retired, or Retired Reserve. Retired 
members are not former members. Also referred to as the sponsor.
    MWR. A benefit that is extended to eligible individuals in 
accordance with DoD Instruction 1015.10, ``Military Morale, Welfare, 
and Recreation (MWR) Programs'' (available at http://www.dtic.mil/whs/directives/corres/pdf/101510p.pdf).
    National Agency Check with Inquiries (NACI). Is the minimum 
investigation conducted by the Office of Personnel Management (OPM) for 
federal employment in nonsensitive positions and for individuals 
requiring eligibility for logical and physical access. The NACI 
consists of a records check (of designated agencies of the Federal 
Government that maintain record systems containing information relevant 
to making a personnel security determination) plus Written Inquiries to 
law enforcement agencies, former employers and supervisors, references 
and schools covering the last 5 years.
    Nonappropriated fund (NAF) employees. NAF employees are Federal 
employees within the Department who are paid from NAFs. 5 U.S.C. 2105 
explains the status of NAF employees as Federal employees.
    Non-regular service retirement. A person who, as a member of the 
Ready Reserve, serves on active duty or performs active service, after 
the date of the enactment of sections 647 and 1106 of Public Law 110-
181 and may receive retired pay in accordance with 10 U.S.C. 12731. 
Under these provisions the eligibility age for applying for retired pay 
shall be reduced below 60 years of age by 3 months for each aggregate 
of 90 days on which the member performs in any fiscal year after such 
date, providing the applicant is at least 50 years of age. However, the 
member must be age 60 to qualify for CHC and CD.
    Part-time work schedule. Part-time employment of 16 to 32 hours a 
week under a schedule consisting of an equal or varied number of hours 
per day.
    Permanent employee. Career or career-conditional appointment in the 
Competitive or SES or an appointment in the Excepted Service that 
carries no restrictions or conditions.
    Placement agency (recognized by the Secretary of Defense). An 
authorized placement agency in the United States or U.S. territories 
must be licensed for adoption by the State or territory in which the 
adoption procedures will be completed. In all other locations, a 
request for recognition must be approved by the appropriate Assistant 
Secretary of the Military Department concerned or an appropriate 
official to whom he or she has delegated approval authority.
    Pre-adoptive child. With respect to determinations of dependency 
made on or after October 5, 1994, an unmarried person who is placed in 
the home of the member or former member by a placement agency 
(recognized by the Secretary of Defense) in anticipation of the legal 
adoption of the person by the member or former member; AND is:
    (1) Younger than 21 years of age and
    (2) Not an eligible dependent of any other member or a former 
member; or,
    (3) Between the ages of 21 and 23 and enrolled in a full-time 
course of study at an institution of higher learning approved by the 
administering Secretary; and is:
    (4) Dependent on the member or former member for over one-half of 
the student's support; or
    (5) Dependent on the member or former member for over one-half of 
the student's support at the time of the member's or former member's 
death.
    (6) Incapable of self support because of a mental or physical 
incapacity that occurred while the person was considered a dependent of 
the member or former member; and:
    (7) Is dependent on the member or former member for over one-half 
of the person's support or was at the time of the member's or former 
member's death.
    (8) Resides with the member or former member unless separated by 
the necessity of military service or to receive institutional care as a 
result of disability or incapacitation.
    Privileges. Rights or authorities that are provided based on 
position, authority, or status and may be removed by proper authority.
    Ready Reserve. Military members of the National Guard and Reserve, 
organized in units or as individuals, liable for recall to active duty 
to augment the active components in time of war or national emergency. 
The Ready Reserve consists of three Reserve Component subcategories: 
The SelRes, the IRR, and the ING.
    Remarried parent. A dependent parent of a deceased military member 
who loses dependency-based eligibility for benefits on remarriage.
    Retired Reserve entitled to pay at age 60 (Gray Area Retirees). 
Reserve members who have completed 20 qualifying years for retirement 
and are entitled to receive pay at age 60, but have not yet reached age 
60. Reserve Retirees and their dependents receive commissary, MWR, and 
exchange benefits until the sponsor receives retired pay. Individuals 
may be recalled to active duty in accordance with 10 U.S.C.
    Seasonal employment. Annually recurring periods of work of less 
than 12 months each year. Seasonal employees generally are permanent 
employees who are placed in non-duty or non-pay status and recalled to 
duty in accordance with pre-established conditions of employment. 
Seasonal employees may have full-time, part-time, or intermittent work 
schedules.
    Selected Reserve (SelRes). Those National Guard and Reserve units 
and individuals within the Ready Reserve designated by their respective 
Services

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and approved by the Chairman of the Joint Chiefs of Staff, as so 
essential to initial wartime missions that they have priority over all 
other Reserves. They must be prepared to mobilize within 24 hours. The 
issuance of DD Form 1173-1 to their dependents and participation in the 
Guard and Reserve DEERS Enrollment Program are mandatory.
    Service Project Officer (SPO). The uniformed services, National 
Guard and Reserve Component, and agency-level office that coordinates 
with OUSD(P&R) on policy and functional matters related to DEERS, 
RAPIDS, and Trusted Associate Sponsorship System (TASS), and manages ID 
card operations within the respective organization.
    SES positions. Appropriated fund positions in an agency classified 
above General Service-15 pursuant to 5 U.S.C. 5108 or in level 4 or 5 
of the Executive Schedule, or an equivalent position, which is not 
required to be filled by an appointment by the President by and with 
the advice and consent of the Senate.
    Site security manager (SSM). The SPO-appointed individual that 
manages the daily operations at a RAPIDS site to include managing 
users, cardstock, and consumables.
    Sponsor. The prime beneficiary who derives his or her eligibility 
based on individual status rather than dependence of another person. 
This beneficiary receives benefits based on his or her direct 
affiliation to the DoD.
    Spouse. A person legally married under the law of the place in 
which the marriage was celebrated to a current, former, or retired 
uniformed service member, eligible civilian employee, or other eligible 
individual, in accordance with Part 1 and Part 2, regardless of gender 
or state of residence.
    Standby Reserve. Personnel who maintain their military affiliation 
without being in the Ready Reserve, who have been designated key 
civilian employees, or who have a temporary hardship or disability. 
These individuals are not required to perform training and are not part 
of units. These individuals are trained and could be mobilized, if 
necessary, to fill manpower needs in specific skills.
    Temporary assignment. An appointment for a specified period not to 
exceed 1 year. A temporary assignment can be extended up to a maximum 
of 1 additional year.
    Transitional Health Care (THC). A healthcare system, formerly known 
as Transition Assistance Management Program (TAMP), instituted in 
section 502 of Public Law 101-510. It includes pre-separation and 
separation services, the Continued Health Care Benefit Program, a 
voluntary insurance program for sponsors and eligible dependents 
separating from active service; pre-separation counseling service for 
separating uniformed services members; and various other transitional 
initiatives. Uniformed service members separated as uncharacterized 
entry-level separations do not qualify for THC. Section 706 of Public 
Law 108-375 replaced the TAMP with the THC program. Section 651 of 
Public Law 110-181 included the 2-year commissary and exchange 
privilege for involuntarily separated uniformed service members. The 
DoD added MWR to the benefit set and extended the same benefits to the 
eligible dependents. To qualify for benefits under this program, 
individuals must be separated with service characterized as honorable 
or general under honorable conditions meeting the separation reasons 
identified in 10 U.S.C. 1145. The THC program is a permanent program 
and made the medical eligibility 180 days for all eligible uniformed 
service members and eligible dependents. Enlisted uniformed service 
members discharged for reasons of misconduct, discharge in lieu of 
court-martial, or other reasons for which service normally is 
characterized as under other than honorable conditions are not eligible 
for transition benefits. Officers discharged as a result of resignation 
in lieu of trial by court-martial, or misconduct or moral or 
professional dereliction if the discharge could be characterized as 
under other than honorable conditions are not eligible for transition 
benefits. Pursuant to 10 U.S.C. 1145, the qualifying periods of active 
duty include:
    (1) A member who is involuntarily separated from active duty.
    (2) A member of a Reserve Component who is separated from active 
duty to which called or ordered in support of a contingency operation 
if the active duty is for a period of more than 30 days.
    (3) A member who is separated from active duty for which the member 
is involuntarily retained in accordance with 10 U.S.C. 12305 in support 
of a contingency operation.
    (4) A member who is separated from active duty served pursuant to a 
voluntary agreement of the member to remain on active duty for a period 
of less than 1 year in support of a contingency operation.
    (5) A member who receives a sole survivorship discharge (as defined 
in 10 U.S.C. 1174); or
    (6) A member who is separated from active duty who agrees to become 
a member of the SelRes. Section 734 of Public Law 110-417, which took 
effect on October 14, 2008 extended THC benefits to a uniformed service 
member who is separated from active duty who agrees to become a member 
of the SelRes of the Ready Reserve of a Reserve Component.
    Trusted Agent (TA). An individual appointed by a TASM that serves 
as a sponsor for eligible populations within TASS, utilizes TASS to 
register data for the DD Form 1172-2 (available at http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1172-2.pdf), re-verifies CAC 
holder affiliation, and revokes CACs.
    Trusted Agent Security Manager (TASM). An individual appointed by a 
SPO to oversee the activity for a specific TASS site and associated 
TAs. These individuals also serve in the TA role.
    Trusted Associate Sponsorship System (TASS) (formerly known as 
Contractor Verification System (CVS)). A Web application used to verify 
that CAC applicants have the appropriate government sponsorship for the 
purpose of issuing CACs. The TASS web interface automates the DD Form 
1172-2 for tracking the request process and updating DEERS with 
applicant information required for CAC issuance. The system also 
provides a mechanism for periodic re-verification of contractor 
eligibility to ensure that information is current and contractor CACs 
do not remain active when not appropriate. This capability will be 
expanded to support registration and background investigation 
confirmation for additional CAC eligible populations.
    Unmarried. A widow or widower who remarried and whose marriage 
terminated by death or divorce, or a former spouse whose subsequent 
remarriage ended by death or divorce.
    Unremarried. A widow or widower who has never remarried, or a 
former spouse whose only remarriage was to the same military sponsor 
(periods of marriage in this case may be combined to document 
eligibility for former spouse benefits).
    Verifying Official (VO). An individual who is responsible for 
validating eligibility of bona fide beneficiaries to receive benefits 
and entitlements.
    Ward. An unmarried person whose care and physical custody has been 
entrusted to the sponsor by a legal decree or other instrument that a 
court of law or placement agency (recognized by the Secretary of 
Defense) issues. Includes foster children and children for whom a 
managing conservator has been designated. Wards must be dependent on 
the sponsor for over half of their support. An identification card 
issued to a ward may reflect entitlement to medical care benefits with 
respect to

[[Page 714]]

determinations of dependency made on or after July 1, 1994, for 
children who are placed in the legal custody of the member or former 
member as a result of an order of a court of competent jurisdiction in 
the United States (or a territory or possession of the United States) 
for a period of at least 12 consecutive months; and either:
    (1) Has not attained the age of 21;
    (2) Has not attained the age of 23 and is enrolled in a full-time 
course of study at an institution of higher learning approved by the 
administering Secretary;
    (3) Is incapable of self support because of a mental or physical 
incapacity that occurred while the person was considered a dependent of 
the member or former member; or
    (4) Is dependent on the member or former member for over one-half 
of the person's support; resides with the member or former member 
unless separated by the necessity of military service or to receive 
institutional care as a result of disability or incapacitation or under 
such other circumstances as the administering Secretary may by 
regulation prescribe; and is not a dependent of a member or a former 
member under any other subparagraph.
    Widow. The spouse of a deceased male in the uniformed services.
    Widower. The spouse of a deceased female in the uniformed services.

Sec.  161.4  Policy.

    (a) It is DoD policy that a distinct DoD ID card shall be issued to 
uniformed service members, their dependents, and other eligible 
individuals and will be used as proof of identity and DoD affiliation.
    (b) DoD ID cards shall serve as the Geneva Convention Card for 
eligible personnel in accordance with DoD Instruction 1000.1, 
``Identity Cards Required by the Geneva Convention'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/100001p.pdf).
    (c) DoD ID cards shall be issued through a secure and authoritative 
process in accordance with DoD Directive 1000.25, ``DoD Personnel 
Identity Protection (PIP) Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/100025p.pdf).
    (d) The CAC, a form of DoD ID card, shall serve as the Federal 
Personal Identity Verification (PIV) card for DoD implementation of 
Homeland Security Presidential Directive 12, ``Policy for a Common 
Identification Standard for Federal Employees and Contractors'' 
(available at http://www.dhs.gov/xabout/laws/gc_1217616624097.shtm).
    (e) ID cards, in a form distinct from the CAC, shall be issued and 
will serve as proof of identity and DoD affiliation for eligible 
communities that do not require the Federal PIV card that complies with 
Homeland Security Presidential Directive 12 and FIPS Publication 201-1, 
``Personal Identity Verification (PIV) of Federal Employees and 
Contractors'' (available at http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf).

Sec.  161.5  Responsibilities.

    (a) The USD(P&R) shall:
    (1) Oversee implementation of the procedures within this part.
    (2) Establish overall policy and procedures for the issuance of ID 
cards to members of the uniformed services, their dependents, and other 
eligible individuals.
    (3) Establish minimum acceptable criteria for establishment and 
confirmation of personal identity, policy for the issuance of the DoD 
enterprise personnel identity credentials, and approve of additional 
systems under the PIP Program in accordance with DoD Directive 1000.25.
    (4) Act as the Principal Staff Assistant (PSA) for the DEERS, the 
RAPIDS, and the Personnel Identity Protection (PIP) Program in 
accordance with DoD Directive 1000.25.
    (5) Maintain the DEERS data system in support of the Department of 
Defense in accordance with applicable law and directives.
    (6) Develop and field the required RAPIDS infrastructure and all 
elements of field support to issue ID cards including but not limited 
to software distribution, hardware procurement and installation, on-
site and depot-level hardware maintenance, on-site and Web-based user 
training and central telephone center support, and telecommunications 
engineering and network control center assistance.
    (7) In coordination with the Under Secretary of Defense for 
Intelligence (USD(I)), the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (USD(AT&L)), and the DoD Chief Information 
Officer (DoD CIO) establish policy and oversight for CAC life-cycle 
compliance with FIPS Publication 201-1.
    (8) Establish procedures that will uniquely identify personnel with 
specific associations with the Department of Defense and maintain the 
integrity of the unique personnel identifier in coordination with the 
DoD Components in accordance with DoD Directive 8320.03, ``Unique 
Identification (UID) Standards for a Net-Centric Department of 
Defense'' (available at http://www.dtic.mil/whs/directives/corres/pdf/832003p.pdf).
    (b) The Assistant Secretary of Defense for Reserve Affairs 
(ASD(RA)), under the authority, direction, and control of the USD(P&R), 
shall develop policies and establish guidance for the National Guard 
and Reserve Component communities that affect benefits, entitlements, 
identity, and ID cards.
    (c) The Deputy Assistant Secretary of Defense for Military 
Community and Family Policy (DASD(MC&FP)), under the authority, 
direction, and control of the USD(P&R), shall develop policy and 
procedures to determine eligibility for access to DoD programs for MWR; 
commissaries; exchanges; lodging; children and youth; DoD schools; 
family support; voluntary and post-secondary education; and other 
military community and family benefits that affect identity and ID 
cards.
    (d) The Director, Defense Human Resources Activity (DHRA), under 
the authority, direction, and control of the USD(P&R), shall, in 
accordance with DoD Directive 1000.25:
    (1) Develop policies and procedures for the oversight, funding, 
personnel staffing, direction, and functional management of the PIP 
Program.
    (2) Coordinate with the Principal Under Secretary of Defense for 
Health Affairs (ASD(HA)), and the ASD(RA) on changes to enrollment and 
eligibility policy and procedures pertaining to personnel, medical, and 
dental issues that affect the PIP Program.
    (3) Develop policies and procedures to support the functional 
requirements of the PIP Program, DEERS, and the DEERS client 
applications.
    (4) Secure funding in support of new requirements to support the 
PIP Program or the enrollment and eligibility functions of DEERS and 
RAPIDS.
    (5) Approve the addition or elimination of population categories 
eligible for ID cards in accordance with applicable law.
    (6) Establish the type and form of ID card issued to eligible 
populations categories and administer pilot programs to determine the 
suitable form of ID card for newly identified populations.
    (e) The USD(AT&L) shall:
    (1) Update the Defense Federal Acquisition Regulation Supplement 
(DFARS), current edition (available at http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html) to support requirements for CAC and 
Homeland Security Presidential Directive 12 for contracts.
    (2) Ensure that the requirement for contractors to return CACs at 
the

[[Page 715]]

completion or termination of each individual's support on a specific 
contract is included in all applicable contracts.
    (f) The USD(I) shall:
    (1) Establish policy for the use of DoD issued ID cards for 
physical access purposes in accordance with DoD 5200.08-R, ``Physical 
Security Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/520008r.pdf).
    (2) Establish policy for military, civilian, and contractor 
employee background investigation, submission, and adjudication across 
the Department of Defense, in compliance with Homeland Security 
Presidential Directive 12 and Office of Personnel Management 
Memorandum, ``Final Credentialing Standards for Issuing Personal 
Identity Verification (PIV) Cards Under HSPD-12'' (available at http://www.opm.gov/investigate/resources/final_credentialing_standards.pdf).
    (g) The DoD CIO shall:
    (1) In coordination with the USD(I), USD(P&R), and USD(AT&L), 
establish policy and oversight for CAC life-cycle compliance with 
Federal Information Processing Standards Publication 201-1.
    (2) Provide guidance regarding the use of DoD and non-DoD 
identification credentials on DoD information systems, including the 
Federal PIV cards, for authenticating to DoD network accounts and DoD 
private Web sites.
    (3) Ensure that the DoD Public Key Infrastructure (PKI) conforms to 
all applicable FIPS to the greatest extent possible.
    (h) The Heads of the DoD Components, the Director, USPHS, and the 
NOAA Administrator, shall:
    (1) Develop and implement Component-level procedures for DoD 
directed policies and statutory requirements to support benefits 
eligibility through DEERS.
    (2) Develop and implement Component-level ID card life-cycle 
procedures to comply with the provisions of this Instruction.
    (3) Ensure all DoD employees, uniformed service members, and all 
other eligible CAC applicants, including contractor employees and other 
affiliate CAC applicants, have met the background investigation 
requirements referenced in paragraph (a)(3) of Sec.  161.6 of this part 
prior to approving CAC sponsorship and registration. Background 
investigation status must be verified and documented by the sponsor or 
sponsoring organization in conjunction with application for CAC 
issuance.
    (4) Establish processes and procedures as part of the normal check-
in and check-out process for collection of the CAC for all categories 
of DoD personnel and contractor employees when there is a separation, 
retirement, termination, contract termination or expiration, or CAC 
revocation. Since CACs contain personally identifiable information 
(PII), they shall be treated and controlled in accordance with 32 CFR 
part 310, and DoD 5200.1-M, Volume 4, ``DoD Information Security 
Program: Controlled Unclassified Information (CUI)'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf). CACs 
shall be returned to any RAPIDS issuance location for proper disposal 
in a timely manner once surrendered by the CAC holder.
    (5) Provide appropriate space and staffing for all DoD ID card 
issuing operations, as well as reliable telecommunications to and from 
the Defense Information Systems Agency managed Non-Classified Internet 
Protocol Router Network.
    (6) Provide funding for CAC cardstock, printer consumables, and 
electromagnetically opaque sleeves to Defense Manpower Data Center 
(DMDC).
    (7) Protect cardstock and consumables in accordance with the 
guidelines and standards issued and maintained by DMDC.
    (8) In accordance with Federal Information Processing Standards 
Publication 201-1, provide electromagnetic opaque sleeves or other 
comparable technologies to protect against any unauthorized contactless 
access to the cardholder unique identification number stored on the 
CAC.
    (9) Manage the distribution and locations of CAC personal 
identification number (PIN) reset workstations.
    (10) To the maximum extent possible, and in accordance with DoD 
Components' designated accrediting authority guidelines, ensure 
networked workstations are properly configured and available for CAC 
holders to use the User Maintenance Portal-Post Issuance Portal (UMP-
PIP) service.
    (11) Oversee supervision of TASS TAs and TA security managers and 
ensure the number of contractors overseen by any TA is manageable.
    (i) The Secretaries of the Military Departments; Director, USPHS; 
and Administrator, NOAA, shall:
    (1) Appoint project officers from a level that represents the 
Service position of the active, National Guard, and Reserve Components 
for personnel policy to serve on the Joint Uniformed Services Personnel 
Advisory Committee.
    (2) Comply with the provisions of this part and other related 
policy and procedural guidance from the Department of Defense.

Sec.  161.6  Procedures.

    (a) The DoD ID card life cycle shall be supported by an 
infrastructure that is predicated on a systems-based model for 
credentialing as described in FIPS Publication 201-1. Paragraphs (a)(1) 
through (7) of this section represent the baseline requirements for the 
life cycle of all DoD ID cards. The specific procedures and sequence of 
order for these items will vary based on the applicant's employment 
status or affiliation with the DoD and the type of ID card issued. 
Detailed procedures of the ID card life cycle for each category of 
applicant and type of ID card shall be provided by the responsible 
agency.
    (1) Sponsorship and eligibility. Sponsorship shall incorporate the 
processes for confirming eligibility for an ID card. The sponsor is the 
person affiliated with the DoD or other Federal agency who takes 
responsibility for verifying and authorizing the applicant's need for 
an ID card. Applicants for a CAC must be sponsored by a DoD government 
official or employee.
    (2) Registration and enrollment. Sponsorship and enrollment 
information on the ID card applicant shall be registered in DEERS prior 
to card issuance.
    (3) Background investigation. A background investigation is 
required for those individuals eligible for a CAC. A background 
investigation is not currently required for those eligible for other 
forms of DoD ID cards. Sponsored CAC applicants shall not be issued a 
CAC without a favorably adjudicated background investigation stipulated 
in FIPS Publication 201-1. Applicants that have been denied a CAC based 
on an unfavorable adjudication of the background investigation may 
submit an appeal in accordance with FIPS Publication 201-1 and Office 
of Personnel Management Memorandum, ``Final Credentialing Standards for 
Issuing Personal Identity Verification Cards under HSPD-12.''
    (4) Identity and eligibility verification. Identity and eligibility 
verification shall be completed at a RAPIDS workstation. Verifying 
officials (VOs) shall inspect identity and eligibility documentation 
and RAPIDS shall authenticate individuals to ensure that ID cards are 
provided only to those sponsored and with a current affiliation with 
the DoD. RAPIDS shall also capture uniquely

[[Page 716]]

identifying characteristics that bind an individual to the information 
maintained on that individual in DEERS and to the ID card issued by 
RAPIDS. These characteristics may include, but are not limited to, 
digital photographs and fingerprints.
    (5) Issuance. ID cards shall be issued at the RAPIDS workstation 
after all sponsorship, enrollment and registration, background 
investigation (CAC only), and identity and eligibility verification 
requirements have been satisfied.
    (6) Use and maintenance. ID cards shall be used as proof of 
identity and DoD affiliation to facilitate access to DoD facilities and 
systems. Additionally, ID cards shall represent authorization for 
entitled benefits and privileges in accordance with DoD policies.
    (7) Retrieval and revocation. ID cards shall be retrieved by the 
sponsor or sponsoring organization when the ID card has expired, when 
it is damaged or compromised, or when the card holder is no longer 
affiliated with the DoD or no longer meets the eligibility requirements 
for the card. The active status of an ID card shall be revoked within 
the DEERS and RAPIDS infrastructure and the PKI certificates on the CAC 
shall be revoked.
    (b) The guidelines and restrictions of this paragraph apply to all 
forms of DoD ID cards.
    (1) Any person willfully altering, damaging, lending, 
counterfeiting, or using these cards in any unauthorized manner is 
subject to fine or imprisonment or both, as prescribed in 18 U.S.C. 
499, 506, 509, 701, and 1001. Section 701 of 18 U.S.C. prohibits 
photographing or otherwise reproducing or possessing DoD ID cards in an 
unauthorized manner, under penalty of fine or imprisonment or both. 
Unauthorized or fraudulent use of ID cards would exist if bearers used 
the card to obtain benefits and privileges to which they are not 
entitled. Examples of authorized photocopying include photocopying of 
DoD ID cards to facilitate medical care processing, check cashing, 
voting, tax matters, compliance with 50 U.S.C. appendix 501 (also known 
as ``The Service member's Civil Relief Act''), or administering other 
military-related benefits to eligible beneficiaries. When possible, the 
ID card will be electronically authenticated in lieu of photographing 
the card.
    (2) International agreements (including status-of-forces 
agreements) and host-nation law may limit and/or define the types of 
support available to personnel in overseas areas. Although an ID card 
may be used to verify eligibility in the United States for access to, 
for example, commissary or exchange facilities, the use of such 
facilities overseas may be limited to persons who are stationed or 
performing temporary duty in a foreign country under official orders in 
support of a mutual defense mission with the host nation. ID cards 
shall be issued only for the purposes identified in and in accordance 
with this Instruction, and the Heads of the DoD Components shall use 
other means, such as ration cards, to implement provisions in 
international agreements or to prevent violations of applicable host-
nation law. ID cards shall not be issued for the sole purpose of 
implementing provisions of international agreements or restrictions 
based on applicable host-nation law.
    (3) All ID cards are property of the U.S. Government and shall be 
returned upon separation, resignation, firing, termination of contract 
or affiliation with the DoD, or upon any other event in which the 
individual no longer requires the use of such ID card.
    (4) To prevent any unauthorized use, ID cards that are expired, 
invalidated, stolen, lost, or otherwise suspected of potential or 
actual unauthorized use shall be revoked in DEERS along with the PKI 
certificates on the CACs immediately revoked.
    (5) There are instances where graphical representations of ID cards 
are necessary to facilitate the DoD mission. When used and distributed, 
the replicas must not be the same size as the ID card, must have the 
word ``SAMPLE'' written on them, and shall not contain an individual's 
PII. All SAMPLE ID cards must be maintained in a controlled environment 
and shall not serve as a valid ID.
    (6) Individuals within the DoD who have multiple personnel category 
codes (e.g., an individual who is both a reservist and a contractor) 
shall be issued a separate ID card in each personnel category for which 
they are eligible. Multiple current ID cards of the same form (e.g., 
CAC) shall not be issued or exist for an individual under a single 
personnel category code.
    (7) ID cards shall not be amended, modified, or overprinted by any 
means. No stickers or other adhesive materials are to be placed on 
either side of an ID card. Holes shall not be punched into ID cards, 
except when a CAC has been requested by the next of kin for an 
individual who has perished in the line of duty. A CAC provided to next 
of kin shall have the status of the card revoked in DEERS, have the 
certificates revoked, and have a hole punched through the integrated 
circuit chip before it is released to the next of kin.
    (8) An ID card shall be in the personal custody of the individual 
to whom it was issued at all times. If required by military authority, 
it shall be surrendered for ID or investigation.
    (c) CAC migration to Federal PIV requirements. The DoD is migrating 
the CAC to meet the Federal requirements for credentialing contained 
within Homeland Security Presidential Directive 12 and FIPS Publication 
201-1. Migration will take place over multiple years as the card 
issuance hardware, software, and supporting systems and processes are 
upgraded. Successful migration will require coordination and 
collaboration within and among all CAC communities (e.g., personnel 
security, operational security, industrial security, information 
security, physical security, and information technology). The 
organizations listed in this section will support the migration in 
conjunction with the responsibilities listed in Sec.  161.5:
    (1) The Director, DMDC shall:
    (i) Procure and distribute CAC consumables, including card stock, 
electromagnetically opaque sleeves, and printer supplies, commensurate 
with funding received from the DoD Components.
    (ii) In coordination with the Office of the Under Secretary of 
Defense for Policy, establish an electronic process for securing CAC 
eligibility information on foreign government military, employee, or 
contract support personnel whose visit status and background 
investigation has been confirmed, documented, and processed in 
accordance with DoD Directive 5230.20, ``Visits and Assignments of 
Foreign Nationals'' (available at http://www.dtic.mil/whs/directives/corres/pdf/523020p.pdf).
    (iii) In accordance with FIPS Publication 201-1, electronically 
capture and store source documents in the identity-proofing process at 
the accession points for eligible ID card holders.
    (iv) Implement modifications to the CAC applets and interfaces, add 
contactless capability to the CAC platform and implement modifications 
to the CAC topology to support compliance with FIPS Publication 201-1.
    (v) Establish and implement procedures for capturing biometrics 
required to support CAC issuance, which includes fingerprints and 
facial images specified in FIPS Publication 201-1 and National 
Institute of Standards and Technology Special Publication 800-76-1, 
``Biometric Data Specification for Personal Identity Verification'' 
(available at http://

[[Page 717]]

csrc.nist.gov/publications/nistpubs/800-76-1/SP800-76-1--012407.pdf).
    (vi) In coordination with the Executive Manager for DoD Biometrics 
and the Office of the USD(AT&L), implement the capability to obtain two 
segmented images (primary and secondary) fingerprint minutiae from the 
full 10-print fingerprints captured as part of the initial background 
investigation process for CAC issuance.
    (vii) Maintain a capability for a CAC holder to reset or unlock 
PINs from a system outside of the CAC issuance infrastructure.
    (2) The Executive Manager for DoD Biometrics, as appointed by the 
Secretary of the Army as DoD Executive Agent for DoD Biometrics in 
accordance with DoD Directive 8521.01E, ``Department of Defense 
Biometrics'' (available at http://www.dtic.mil/whs/directives/corres/pdf/852101p.pdf), shall:
    (i) Establish biometric standards for collection, storage, and 
subsequent transmittal of biometric information in accordance with DoD 
Directive 8521.01E (available at http://www.dtic.mil/whs/directives/corres/pdf/852101p.pdf).
    (ii) In coordination with the USD(P&R), the USD(I), and the Heads 
of the DoD Components, establish capability for biometric collection 
and enrollment operations to support CAC issuance in accordance with 32 
CFR part 310 and National Institute of Standards and Technology Special 
Publication 800-76-1 (available at http://csrc.nist.gov/publications/nistpubs/800-76-1/SP800-76-1_012407.pdf).
    (3) The Identity Protection and Management Senior Coordinating 
Group shall:
    (i) Monitor the CAC and identity management related activities 
outlined within this Instruction in accordance with DoD Directive 
1000.25 (available at http://www.dtic.mil/whs/directives/corres/pdf/100025p.pdf).
    (ii) Maintain a configuration management process for the CAC and 
its related components to monitor DoD compliance with FIPS Publication 
201-1.

Subpart B--DoD Identification (ID) Cards: ID Card Life-Cycle

Sec.  161.7  ID card life-cycle procedures.

    (a) Sponsorship and eligibility. In accordance with this part, 
sponsorship shall incorporate the processes for confirming eligibility 
for an ID card. The sponsor is the person affiliated with the DoD or 
other Federal agency who takes responsibility for verifying and 
authorizing the applicant's need for an ID card. Applicants for a CAC 
shall be sponsored by a DoD Government official or employee.
    (1) The population categories and specific ID cards for which 
applicants are eligible are listed in Appendix 1 of this section. The 
majority of these populations are eligible to be sponsored for an ID 
card based on either their employment status with the DoD or their 
authorization to receive DoD benefits and entitlements. Examples of 
these population categories include, but are not limited to: Uniformed 
services personnel; DoD civilian employees; military retirees; certain 
DoD beneficiaries; and the eligible dependents for these categories.
    (2) Specific populations, listed in paragraph (c)(2)(ii) of 
Appendix 1 of this section who are eligible to submit for the ``U.S. 
DoD/Uniformed Service ID Card'' may only be sponsored if they meet 
additional criteria. Examples of these population categories include 
DoD contractors, non-DoD Federal civilians, State employees, and other 
non-DoD personnel that have an affiliation with the DoD other than 
through employment or contract. Eligibility for these approved 
population categories is based on the DoD Government sponsor's 
determination of the type and frequency of access required to DoD 
facilities or networks. For the populations described in this 
paragraph, the applicant's sponsor must confirm that the applicant 
meets one of the requirements in paragraphs (a)(2)(i) and (iii) of this 
section:
    (i) Both physical access to a DoD facility and access, via logon, 
to DoD networks on-site or remotely. Access to the DoD network must 
require the use of a computer with Government-controlled configuration 
or use of a DoD-approved remote access procedure in accordance with the 
Defense Information Systems Agency Security Technical Implementation 
Guide, ``Secure Remote Computing'' (available at http://iase.disa.mil/stigs/a-z.html under ``Remote. . .'').
    (ii) Remote access, via logon, to a DoD network using DoD-approved 
remote access procedures.
    (iii) Physical access to multiple DoD facilities or multiple non-
DoD federally controlled facilities on behalf of the DoD (applicable to 
DoD contractors only) on a recurring basis for a period of 6 months or 
more.
    (A) The frequency of ``recurring basis'' for access shall be 
determined by the DoD Component concerned in coordination with 
installation security policies.
    (B) CAC eligibility for applicants requiring physical access to 
multiple DoD facilities on a recurring basis for less than 6 months are 
risk-based decisions that shall be made by the DoD Component concerned 
in coordination with installation security policies. These applicants 
may instead be eligible for local or regional base passes in accordance 
with Office of the Under Secretary of Defense for Intelligence (USD(I)) 
and local installation security policies and procedures.
    (b) Registration and enrollment. In accordance with this part, 
sponsorship and enrollment information about the ID card applicant 
shall be registered in the DEERS prior to card issuance.
    (1) For uniformed services personnel and DoD civilians, all 
submissions to DEERS must be made electronically via an authorized data 
source feed (e.g., Civilian Personnel Management Service). Data source 
feeds for additional population categories shall be approved and 
incorporated by the Office of the USD(P&R) (OUSD(P&R)) as they become 
available.
    (2) The population categories that are not registered via an 
authorized data source feed will be registered in DEERS via the RAPIDS 
using the DD Form 1172-2 or via the TASS (formerly known as CVS, as 
described in Sec.  161.8 of this subpart.
    (c) Background Investigation. In accordance with this subpart, a 
background investigation is required for those individuals eligible for 
a CAC. A background investigation is not currently required for those 
eligible for other forms of DoD ID cards. The use of the CAC, as the 
DoD Federal personal identity verification (PIV) card, is governed and 
supported by additional policies when compared to non-CAC ID cards. 
Sponsored CAC applicants shall not be issued a CAC without the required 
background investigation stipulated in FIPS Publication 201-1, 
``Personal Identity Verification (PIV) of Federal Employees and 
Contractors'' (available at http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf).
    (1) A background investigation shall be initiated by the sponsoring 
organization before a CAC can be issued. The mechanisms required to 
verify completion of background investigation activities for DoD, 
military, and civilian CAC populations are managed within the DoD human 
resources and personnel security communities and are linked to the CAC 
issuance process. An automated means is not currently in place to 
confirm the vetting for populations other than DoD military and 
civilian personnel such as

[[Page 718]]

CAC-eligible contractors and non-DoD Federal civilian affiliates. When 
data is not available within the CAC issuance infrastructure on the 
background investigation status for an applicant, the sponsor shall be 
responsible for confirming that the required background investigation 
procedures comply with the FIPS Publication 201-1 before a CAC is 
authorized for issuance.
    (2) Initial issuance of a CAC requires, at a minimum, the 
completion of the Federal Bureau of Investigation (FBI) fingerprint 
check with favorable results and submission of a NACI (or investigation 
approved in Federal Investigative Standards) to the USD(I) approved 
investigative service provider. Completed NACI's for CAC issuance shall 
be adjudicated in accordance with Office of Personnel Management 
Memorandum, ``Final Credentialing Standards for Issuing Personal 
Identity Verification Cards under HSPD-12'' (available at http://www.opm.gov/investigate/resources/final_credentialing_standards.pdf).
    (3) Except for uniformed services members, non-U.S. person CAC 
applicants that do not meet the criteria to complete a NACI (e.g., U.S. 
residency requirements), must meet one of the criteria in paragraph 
(c)(3)(i) or (ii) of this section prior to CAC issuance. CACs issued to 
these non-U.S. persons shall display a blue stripe as described in 
Appendix 2 of this section. Procedures for the acceptance of this CAC 
shall be in accordance with DoD policy for physical and logical access. 
The specific background investigation conducted on the non-U.S. person 
may vary based on governing international agreements. Non-U.S. persons 
must:
    (i) Possess (as foreign military, employee, or contract support 
personnel) a visit status and security assurance that has been 
confirmed, documented, and processed in accordance with international 
agreements pursuant to DoD Directive 5230.20, ``Visits and Assignments 
of Foreign Nationals'' (available at http://www.dtic.mil/whs/directives/corres/pdf/523020p.pdf).
    (ii) Meet (as direct or indirect DoD hire personnel overseas) the 
investigative requirements for DoD employment as recognized through 
international agreements pursuant to Volume 1231 of DoD Instruction 
1400.25, ``DoD Civilian Personnel Management System: Employment of 
Foreign Nationals'' (available at http://www.dtic.mil/whs/directives/corres/html/CPM_table2.html). In addition to these investigative 
requirements, a fingerprint check against the FBI criminal history 
database, an FBI investigations files (name check search), and a name 
check against the Terrorist Screening Database shall be required prior 
to CAC issuance in accordance with Office of Personnel Management 
Memorandum, ``Final Credentialing Standards for Issuing Personal 
Identity Verification Cards under HSPD-12.''
    (d) Identity and eligibility verification. In accordance with this 
part, identity and eligibility verification shall be completed at a 
RAPIDS workstation. VOs shall inspect identity and eligibility 
documentation and RAPIDS shall authenticate individuals to ensure that 
ID cards are provided only to those sponsored and who have a current 
affiliation with the DoD. RAPIDS shall also capture uniquely 
identifying characteristics that bind an individual to the information 
maintained in DEERS and to the ID card issued by RAPIDS. These 
characteristics may include, but are not limited to, digital 
photographs and fingerprints.
    (1) Identity documents. Applicants for initial ID card issuance 
shall submit two identity documents in original form as proof of 
identity. A VO at a RAPIDS workstation shall inspect and verify the 
documents presented by the applicant before ID card issuance. The 
identity documents must come from the list of acceptable documents 
included in the Form I-9 ``Employment Eligibility Verification'' 
(http://www.uscis.gov/files/form/i-9.pdf) in OMB No. 115-0136 or, for 
non-U.S. persons, other sources as outlined within paragraph 
(d)(1)(ii). ``Certified true'' copies of the identity documentation may 
be accepted so long as they have been issued by the originating source 
(e.g., a copy of a birth certificate may be acceptable so long as it 
has been certified as valid by the issuing State). In accordance with 
applicable law, at least one of the two identity documents shall be a 
valid (unexpired) State or Federal Government-issued picture ID. The 
identity documents shall be inspected for authenticity and scanned and 
stored in the DEERS in accordance with the DMDC, ``Real-time Automated 
Personnel Identification System (RAPIDS) User Guide'' upon issuance of 
an ID card. The requirement for the primary identity document to have a 
photo cannot be waived for initial ID card issuance, consistent with 
applicable statutory requirements. Identity documentation requirements 
for renewal or re-issuance are provided in paragraph (e)(3) of this 
section. When it has been determined that a CAC applicant has purposely 
misrepresented or not provided his or her true identity, the case shall 
be referred by the relevant RAPIDS Service Project office (SPO) to the 
sponsoring DoD Component organization. The DoD Component organization 
concerned shall initiate an investigation or provide appeals procedures 
as appropriate. Exceptions to the identity documentation requirements 
for initial ID card issuance are provided in paragraphs (d)(1)(i) and 
(d)(1)(ii) of this section:
    (i) Children. Children under the age of 18 applying for a dependent 
ID card are only required to provide documentation for the initial 
verification of eligibility or proof of relationship to the sponsor 
described in paragraph (d)(2) of this section.
    (ii) Documentation for non-U.S. persons. At foreign locations, 
eligible non-U.S. persons may not possess identity documentation from 
the Form I-9 required for ID card issuance. These individuals shall 
still provide personal ID as required by the intent of this paragraph 
(d)(1). Non-U.S. persons within the continental United States (CONUS) 
shall present a valid (unexpired) foreign passport as the primary form 
of identity source documentation. DoD organizations based outside the 
CONUS should work with the local consular affairs office to determine 
guidelines for the appropriate identity documentation for eligible non-
U.S. persons in accordance with agreements with host nations. It is 
recommended that a foreign passport be used as the primary form of 
identity source documentation for these individuals. The requirement 
for the primary identity document to have a photo cannot be waived. 
Additional documentation used to verify identity must be original or 
certified true copies. All documentation not in English must have a 
certified English translation.
    (2) Eligibility documents. ID card applicants may be required to 
provide documentation as initial verification of eligibility for 
benefits or proof of relationship to the sponsor. The eligibility 
documents shall be inspected for authenticity by the VO and scanned and 
stored in DEERS in accordance with the procedures in DMDC, ``Real-time 
Automated Personnel Identification System (RAPIDS) User Guide.'' 
Specifications and the types of documents and how they are utilized to 
verify eligibility for a member or dependent based on their status 
(e.g., Retired, Reservist, spouse, former spouse, child) shall be 
established by the uniformed services subject to the guidelines in this 
subpart. All documentation used to verify eligibility must be original 
or certified true copies. All documentation not in English must have a 
certified English translation. Eligibility documentation is not

[[Page 719]]

required when DEERS can verify eligibility via an authoritative source 
or process.
    (3) DEERS verification. The VO shall utilize DEERS to verify 
affiliation and eligibility for benefits as described in subpart C of 
this part.
    (4) Biometrics. In accordance with DoD Directive 1000.25, ID card 
applicants shall provide two fingerprint biometric scans and a facial 
image, to assist with authenticating the applicant's identity and to 
bind the information maintained on that individual in DEERS and to the 
ID card issued by RAPIDS. These requirements shall be integrated into 
the ID card issuance processes in the following manner:
    (i) A digitized, full-face passport-type photograph will be 
captured for the facial image and stored in DEERS and shall have a 
plain white or off-white background. No flags, posters, or other images 
shall appear in the photo. All ID cards issued will display a 
photograph.
    (ii) Two fingerprints are captured for storage within DEERS for 
applicable ID card applicants. The right and left index fingers shall 
normally be designated as the primary and secondary finger, 
respectively. However, if those fingers cannot be imaged, the primary 
and secondary designations shall be taken in the following order of 
priority: Right thumb, left thumb, right middle finger, left middle 
finger, right ring finger, left ring finger, right little finger, left 
little finger.
    (iii) If two fingerprints cannot be captured, the facial image will 
be the alternative for authenticating ID card applicants and ID card 
holders during the issuance process. Additionally, when verification or 
capture of biometrics is not possible, authorization will be provided 
by the RAPIDS SSM's digital signature. This transaction shall be 
subject to audit by DMDC and the uniformed services.
    (e) Issuance. In accordance with this part, ID cards shall be 
issued at the RAPIDS workstation after all sponsorship, enrollment and 
registration, background investigation (CAC only), and identity and 
eligibility verification requirements have been satisfied. Initial 
issuance of an ID card to an applicant will be contingent on satisfying 
the criteria in paragraphs (a) through (d) of this section.
    (1) Cross-servicing. The uniformed services agree to cross-service 
the issuance of ID cards when affiliation and eligibility can be 
verified in DEERS. When eligibility cannot be verified through DEERS, 
presentation of documentation shall be required. The uniformed services 
shall restrict cross-servicing for verification of the DD Form 1172-2 
and eligibility documentation to the parent uniformed service for the 
categories in paragraphs (e)(1)(i) through (viii) of this section:
    (i) Initial application for permanently incapacitated individuals 
over age 21 and temporarily incapacitated children over age 21.
    (ii) All dependent parents and parents-in-law.
    (iii) Illegitimate child of a male sponsor, whose paternity has not 
been judicially determined.
    (iv) Illegitimate child of spouse or sponsor.
    (v) Unremarried and unmarried former spouses applying for initial 
issuance of an ID card.
    (vi) Retiree from other services, and former members not currently 
enrolled in DEERS.
    (vii) Surviving dependents of Reserve Retirees on the sponsor's 
60th birthday.
    (viii) Abused dependents.
    (ix) Wards.
    (2) Expiration dates. (i) Except as noted in paragraphs 
(e)(2)(i)(A) and (B) of this section, CACs shall be issued for a period 
not to exceed 3 years from the date of issuance or contract expiration 
date, whichever is shorter. Unfunded contract options shall be 
considered in the determination of the length of contract. For example, 
a contractor hired under DoD contract with a base year plus 2 option 
years shall be issued a CAC with a 3-year expiration. The expiration 
date of the PKI certificates on the CAC shall match the expiration date 
on the card.
    (A) DD Form 1173, ``United States Uniformed Services ID and 
Privilege Card,'' or CACs issued to DoD civilian employees, 
contractors, and other eligible personnel assigned overseas or 
deploying in support of contingency operations shall have an expiration 
date coinciding with their deployment period end date.
    (B) Service Academy students shall be issued 4-year cards with 3-
year certificates.
    (ii) Non-CAC ID cards shall be given expiration dates in accordance 
with the guidance listed on http://www.cac.mil.
    (3) Renewal and reissuance. Consistent with applicable law, the 
applicant for ID renewal or reissuance shall be required to surrender 
the current DoD ID card that is up for renewal or reissuance except as 
indicated for lost and stolen ID cards in paragraph (e)(3)(iii) of this 
section. To authenticate renewal or reissuance applicants, the VO shall 
visually compare the applicant against the facial image stored in 
DEERS. For applicants who have fingerprint biometrics stored in DEERS, 
live fingerprint biometrics samples shall be checked against the 
applicant's DEERS record. If the biometric check confirms the identity 
of the renewal or reissuance applicant then no additional documentation 
is required to verify identity other than the ID card that is being 
renewed or reissued (documentation may still be required to verify or 
re-verify eligibility as described in paragraph (d)(2) of this 
section). As a general practice for renewal or re-issuance, two fresh 
fingerprint biometric captures may be stored for applicable personnel 
through the initial procedures in paragraph (d)(4)(ii) of this section 
to support DMDC's biometric update schedule.
    (i) An ID card holder may apply for a renewal starting 90 days 
prior to the expiration of a valid ID. The SPO can provide exceptions 
to this requirement.
    (ii) An ID card shall be reissued when printed information requires 
changes (e.g., pay grade, rank, change in eligibility), when any of the 
media (including printed data, magnetic stripe, bar codes, or 
integrated circuit chip) becomes illegible or inoperable, or when a CAC 
is known or suspected to be compromised.
    (iii) An ID card shall be reissued when it is reported lost or 
stolen. The individual reporting a lost or stolen ID card shall be 
required to provide a valid (unexpired) State or Federal Government-
issued picture ID as noted in paragraph (d)(1) of this section, 
consistent with applicable law, when available. If the individual is 
unable to present the required identity documentation, a biometric 
verification shall be used as proof of identity as described in 
paragraph (e)(3)(iii)(A) of this section. The VO shall verify the 
cardholder's identity against the biometric information stored in DEERS 
and confirm the expiration date of the missing ID card. The individual 
shall also be required to present documentation from the local security 
office or ID card sponsor confirming that the ID card has been reported 
lost or stolen. This documentation must be scanned and stored in DEERS. 
For dependents, the DD Form 1172-2 serves as the supporting 
documentation for a lost or stolen card. For individuals sponsored 
through TASS, the replacement ID card shall have the same expiration 
date as the lost or stolen card.
    (A) If no identity documentation is available but biometric 
information (facial image or fingerprint when applicable) in the DEERS 
database can be verified by the VO, an ID card can be reissued to the 
individual upon the additional approval of a SSM. This

[[Page 720]]

transaction shall be digitally signed and audited.
    (B) If biometric information cannot be verified, the requirements 
for initial issuance shall apply or a temporary card may be issued in 
accordance with paragraph (e)(4) of this section.
    (4) Temporary cards--(i) Temporary issuance of a CAC. During 
contingency operations, in the event there is no communication with the 
DEERS database or the certificate authority, a temporary CAC may be 
issued with an abbreviated expiration date for a maximum of 10 days. 
The temporary card will not have PKI certificates and will be replaced 
as soon as the member can reach an online RAPIDS station or 
communications have been restored. Additionally, the temporary CAC does 
not communicate or imply eligibility to any DoD benefit. This 
capability will be enabled only at affected RAPIDS sites and must have 
approval granted by DMDC.
    (ii) Temporary issuance of a Uniformed Services Identification 
card. There are multiple scenarios under which a temporary Uniformed 
Services Identification card may be issued. The uniformed services 
shall develop standard processes and procedures for scenarios requiring 
issuance of a temporary DD Forms 2765 ``Department of Defense/Uniformed 
Services Identification and Privilege Card'' or DD 1173, including but 
not limited to those situations where the applicant needs to obtain the 
necessary legal documentation or the sponsor is unavailable to provide 
an authorizing signature.
    (5) Multiple cards. Individuals shall be issued a separate ID card 
for each population category for which they qualify as described in 
Appendix 1 of this section. In instances where an individual has been 
issued more than one ID card (e.g., an individual that is eligible for 
an ID card as both a Reservist and as a DoD contractor employee), only 
the ID card that most accurately depicts the capacity in which the 
individual is affiliated with the DoD should be utilized at any given 
time.
    (f) Use and maintenance. In accordance with this part, ID cards 
shall be used as proof of identity and DoD affiliation to facilitate 
access to DoD facilities and systems. Additionally, ID cards shall 
represent authorization for entitled benefits and privileges in 
accordance with DoD policies. The CAC, as the DoD Federal PIV card, is 
governed and supported by additional policies and infrastructure when 
compared to non-CAC ID cards. This section provides additional guidance 
on CAC use and maintenance:
    (1) Access. The granting of access privileges is determined by the 
facility or system owner as prescribed by the DoD.
    (2) Accountability. CAC holders will maintain accountability of 
their CAC at all times while affiliated with the DoD.
    (3) PKI. Using the RAPIDS platform, DoD PKI identity and PIV 
authentication certificates will be issued on the CAC at the time of 
card issuance in compliance with OPM Memorandum, ``Final Credentialing 
Standards for Issuing Personal Identity Verification Cards under HSPD-
12.'' Email signature, email encryption, or PIV authentication 
certificates may also be available on the CAC either upon issuance or 
at a later time. If the person receiving a CAC does not have an 
organization email address assigned to them, they may return to a 
RAPIDS terminal or use milConnect to receive their email certificate 
when the email address has been assigned. To help prevent inadvertent 
disclosure of controlled information, email addresses assigned by an 
organization shall comply with DoD Instruction 8500.2, ``Information 
Awareness (IA) Implementation'' (available at http://www.dtic.mil/whs/directives/corres/pdf/850002p.pdf).
    (4) milConnect. DoD has a self-service Web site available that 
allows an authenticated CAC holder to add applets to the CAC, change 
the email address, add/update Email Signature and Email Encryption 
Certificates, and activate the Personal Identity Verification (PIV) 
Authentication certificate. This capability can be utilized from any 
properly configured UNCLASSIFED networked workstation. The milConnect 
Web site is https://www.dmdc.osd.mil/milconnect.
    (5) CAC Personal ID Number (PIN) Reset. DoD has manned workstations 
capable of resetting the PINs of a CAC holder with a locked card or 
forgotten PIN. These workstations are intended to provide alternative 
locations for CAC holders to service their cards other than RAPIDS 
issuance locations. To authenticate cardholders, live biometric samples 
shall be checked against the biometrics stored in DEERS prior to 
resetting CACs. This process requires the presence of a CPR trusted 
agent (CTA) or TASM or RAPIDS VO or SSM.
    (g) Retrieval and revocation. In accordance with this part, ID 
cards shall be retrieved by the sponsor or sponsoring organization when 
the ID card has expired, when it is damaged or compromised, or when the 
card holder is no longer affiliated with the DoD or no longer meets the 
eligibility requirements for the card. The active status of the card 
shall be terminated within the DEERS and RAPIDS infrastructure. The 
CAC, as the DoD Federal PIV card, is governed and supported by 
additional policies and infrastructure when compared to non-CAC ID 
cards. This section provides additional guidance on CAC retrieval and 
revocation:
    (1) CACs shall be retrieved as part of the normal organizational or 
command-level check-out processes. The active status of the CAC shall 
also be terminated in special circumstances (e.g., absent without 
leave, unauthorized absence, missing in action) in accordance with 
organization or command-level security policies.
    (2) The DoD sponsor or sponsoring organization is ultimately 
responsible for retrieving CACs from their personnel who are no longer 
supporting their organization or activity. CAC retrieval will be 
documented and treated as personally identifiable information, in 
accordance with DoD Regulation 5200.1-R, and 32 CFR part 310 and 
receipted to a RAPIDS site for disposition in a timely manner.
    (3) Upon loss, destruction, or revocation of the CAC, the 
certificates thereon are revoked and placed on the certificate 
revocation list in accordance with Assistant Secretary of Defense for 
Networks and Information Integration Certificate Policy, ``X.509 
Certificate Policy for the United States Department of Defense'' 
(available at http://jitc.fhu.disa.mil/pki/documents/dod_x509_certificate_policy_v9_0_9_february_2005.pdf). All other 
situations that pertain to the disposition of the certificates are 
handled in accordance with Assistant Secretary of Defense for Networks 
and Information Integration Certificate Policy, ``X.509 Certificate 
Policy for the United States Department of Defense'' as implemented.

Appendix 1 to Sec.  161.7--ID Card Descriptions and Population 
Eligibility Categories

    (a) Overview. Paragraphs (b) through (e) of this appendix 
contain information on the CAC type of ID card. The remaining 
paragraphs in the appendix contain information on all other versions 
of DoD enterprise-wide ID cards. This appendix describes these cards 
and lists some of the categories of populations that are eligible to 
be sponsored for the cards under the guidelines described in 
paragraph (a) of Sec.  161.7; additional ID-card eligible categories 
are codified in subpart C of this part. RAPIDS accesses DEERS 
information collected by the DD Form 1172-2 to generate all of the 
ID Cards identified in this appendix. The benefits and entitlements 
that support ID card eligibility for populations in this appendix 
are described in subpart C of this

[[Page 721]]

part. Guidelines and restrictions that pertain to all forms of DoD 
ID cards are included in this part.
    (b) Armed Forces of the United States Geneva Conventions ID 
Card--(1) Description. This CAC is the primary ID card for uniformed 
services members and shall be used to identify the member's 
eligibility for benefits and privileges administered by the 
uniformed services as described in subpart C of this part. The CAC 
shall also be used to facilitate standardized, uniform access to DoD 
facilities, installations, and computer systems.
    (i) The card shall also serve as ID for purposes of Geneva 
Convention requirements in accordance with DoD Instruction 1000.01.
    (ii) If a member is captured as a hostage, detainee, or prisoner 
of war (POW), the card shall be shown to the capturing authorities, 
but, insofar as possible, should not be surrendered.
    (2) Eligibility. Those populations eligible for this type of CAC 
include:
    (i) Members of the regular components of the Military Services.
    (ii) Members of the Selected Reserve of the Ready Reserve of the 
Reserve Components.
    (iii) Members of the IRR of the Ready Reserve authorized in 
accordance with regulations prescribed by the Secretary of Defense 
to perform duty in accordance with 10 U.S.C. 10147.
    (iv) Uniformed services members of NOAA and USPHS.
    (c) U.S. DoD or Uniformed Services ID Card--(1) Description. 
This CAC is the primary ID card for eligible civilian employees, 
contractors, and foreign national affiliates and shall be used to 
facilitate standardized, uniform access to DoD facilities, 
installations, and computer systems.
    (2) Eligibility. (i) DoD civilian employees are eligible for 
this CAC, to include:
    (A) Individuals appointed to appropriated fund and NAF 
positions.
    (B) USCG and NOAA civilian employees.
    (C) Permanent or time-limited employees on full-time, part-time, 
or intermittent work schedules for 6 months or more.
    (D) SES, Competitive Service, and Excepted Service employees.
    (ii) Eligibility for additional populations shall be based on a 
combination of the personnel category and the DoD Government 
sponsor's determination of the type and frequency of access required 
to DoD networks and facilities described in paragraph (a) of Sec.  
161.7 of this subpart. These personnel categories include:
    (A) Non-DoD civilian employees to include:
    (1) State employees working in support of the National Guard.
    (2) IPA employees.
    (3) Non-DoD Federal employees that are working in support of DoD 
but do not possess a Federal PIV card that is accepted by the 
sponsoring DoD Component. DoD Components shall obtain DHRA approval 
prior to sponsorship.
    (B) DoD contractors.
    (C) USCG and NOAA contractors.
    (D) Persons whose affiliation with DoD is established through:
    (1) Direct and Indirect Hiring Overseas. Non-U.S. citizens hired 
under an agreement with the host nation and paid directly by the 
uniformed services (direct hire) or paid by an entity other than the 
uniformed services for the benefits of the uniformed services 
(indirect hire).
    (2) Assignment as Foreign Military, Foreign Government 
Civilians, or Foreign Government Contractors to Support DoD 
Missions. Non-U.S. citizens who are sponsored by their government as 
part of an official visit or assignment to work with DoD.
    (3) Procurement Contracts, Grant Agreements or Other Cooperative 
Agreements. Individuals who have a established relationship between 
the U.S. Government and a State, a local government, or other 
recipient as specified in 31 U.S.C. 6303, 6304, and 6305.
    (d) U.S. DoD or Uniformed Services ID and Privilege Card--(1) 
Description. This CAC is the primary ID card for civilian employees, 
contractors, and foreign national military, as well as other 
eligible individuals entitled to benefits and privileges 
administered by the uniformed services as described in subpart C of 
this part. The CAC shall be used to facilitate standardized, uniform 
access to DoD facilities, installations, and computer systems.
    (2) Eligibility. Specific population categories are entitled to 
benefits and privileges, in accordance with subpart C of this part, 
and shall be eligible for this CAC, to include:
    (i) DoD and uniformed services civilian employees (both 
appropriated and non-appropriated) when required to reside in a 
household on a military installation within the CONUS, Hawaii, 
Alaska, Puerto Rico, and Guam.
    (ii) DoD and uniformed services civilian employees when 
stationed or employed and residing in foreign countries for a period 
of at least 365 days.
    (iii) DoD contractors when stationed or employed and residing in 
foreign countries for a period of at least 365 days.
    (iv) DoD Presidential appointees who have been appointed with 
the advice and consent of the Senate.
    (v) Civilian employees of the Army and Air Force Exchange 
System, Navy Exchange System, and Marine Corps Exchange System and 
NAF activity employees of the Coast Guard Exchange Service.
    (vi) Uniformed and non-uniformed full-time paid personnel of the 
Red Cross assigned to duty with the uniformed services within the 
CONUS, Hawaii, Alaska, Puerto Rico, and Guam, when required to 
reside in a household on a military installation.
    (vii) Uniformed and non-uniformed, full-time, paid personnel of 
the Red Cross assigned to duty with the uniformed services in 
foreign countries.
    (viii) Foreign military who meet the eligibility requirement of 
paragraph (a)(2) of Sec.  161.7 and are in one of the categories in 
paragraphs (d)(2)(viii)(A) through (C) of this appendix. Those 
foreign military not meeting the eligibility requirements for CAC as 
described in paragraph (a)(2) of Sec.  161.7 shall be issued a DD 
Form 2765 as described in paragraph (l) of this appendix.
    (A) Active duty officers and enlisted personnel of North 
Atlantic Treaty Organization (NATO) and Partnership For Peace (PFP) 
countries serving in the United States under the sponsorship or 
invitation of the DoD or a Military Department.
    (B) Active duty officers and enlisted personnel of non-NATO 
countries serving in the United States under the sponsorship or 
invitation of the DoD or a Military Department.
    (C) Active duty officers and enlisted personnel of NATO and non-
NATO countries when serving outside the United States and outside 
their own country under the sponsorship or invitation of the DoD or 
a Military Department, or when it is determined by the major 
overseas commander that the granting of such privileges is in the 
best interests of the United States and such personnel are connected 
with, or their activities are related to, the performance of 
functions of the U.S. military establishment.
    (e) U.S. DoD or Uniformed Service Geneva Conventions ID Card for 
Civilians Accompanying the Armed Forces--(1) Description. This CAC 
serves as the DoD and/or Uniformed Services Geneva Conventions ID 
card for civilians accompanying the uniformed services and shall be 
used to facilitate standardized, uniform access to DoD facilities, 
installations, and computer systems.
    (2) Eligibility. The following population categories are 
eligible for this CAC:
    (i) Emergency-essential employees as defined in DoD Directive 
1404.10, ``DoD Civilian Expeditionary Workforce'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/140410p.pdf).
    (ii) Contractors authorized to accompany the force (contingency 
contractor employees) as defined in Joint Publication 1-02 
(available at http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf).
    (f) DD Form 2, ``Armed Forces of the United States 
Identification Card (Reserve).''--(1) Description. This is the 
primary ID card for RC members not eligible for a CAC. Benefits and 
privileges shall be administered by the uniformed services as 
described in subpart C of this part.
    (i) The DD Form 2S (RES) shall serve as ID for purposes of the 
Geneva Convention requirements in accordance with DoD Instruction 
1000.01.
    (ii) If a member is captured as a hostage, detainee, or POW, the 
DD Form 2S (RES), shall be shown to the capturing authorities, but, 
insofar as possible, should not be surrendered.
    (2) Eligibility. Those populations eligible for the DD Form 2S 
(RES) include:
    (i) Ready Reserve, who are not otherwise entitled to either DD 
Form 2S (RET), ``Armed Forces of the United States Geneva 
Conventions Identification Card (Retired) (Blue),'' or a CAC.
    (ii) The Standby Reserve.
    (iii) The Reserve Officers' Training Corps College Program 
students that have signed a contract leading to military service.
    (g) DD Form 2S (Ret)--(1) Description. This is the primary ID 
card for retired uniformed services members entitled to retired pay.

[[Page 722]]

Benefits and privileges shall be administered by the uniformed 
services as described in subpart C of this part.
    (2) Eligibility. Members of the uniformed services who are 
entitled and in receipt of retired pay, or entitled and have waived 
their retired pay, are eligible for the DD 2S (RET).
    (h) DD Form 2, ``United States Uniformed Services Identification 
Card (Reserve Retired).''--(1) Description. This is the primary ID 
card for members of the National Guard or Reserves who have 
completed 20 creditable years of service and have elected to be 
transferred to the Retired Reserve. They will qualify for pay at age 
60, or earlier if they have qualified contingency service.
    (2) Eligibility. Members of the Reserve Components who are 
entitled to retired pay at age 60 (or earlier if they have qualified 
contingency service) and have not yet attained age 60 are eligible 
for the DD Form 2 (Reserve Retired).
    (i) DD Form 1173--(1) Description. This is the primary ID card 
for dependents and other similar categories of individuals eligible 
for benefits and privileges administered by the uniformed services 
as described in subpart C of this part.
    (2) Eligibility. Specific population categories entitled to 
benefits and privileges as described in subpart C of this part are 
eligible for the DD Form 1173 to include:
    (i) Dependents of active duty Service members of the regular 
components, Reserve Component Service members on active duty for 
more than 30 days, and retirees.
    (ii) Surviving dependents of active duty members.
    (iii) Surviving dependents of retired military members.
    (iv) Surviving dependents of MOH recipients and surviving 
dependents of honorably discharged veterans rated by the Department 
of Veterans Affairs (VA) as 100 percent disabled from a uniformed 
services-connected injury or disease at the time of his or her 
death.
    (v) Accompanying dependents of foreign military.
    (vi) Dependents of authorized civilian personnel overseas.
    (vii) Other benefits eligible categories as described in subpart 
C of this part.
    (j) DD Form 1173-1, ``Department of Defense Guard and Reserve 
Family Member Identification Card.''--(1) Description. This is the 
primary ID card for dependents of Ready Reserve and Standby Reserve 
members not on active duty in excess of 30 days. When accompanied by 
a set of the sponsor's valid active duty orders, the card shall be 
used in place of a DD Form 1173 for a period of time not to exceed 
270 days, if the member is called to active duty by congressional 
decree or Presidential call-up under 10 U.S.C. chapter 1209.
    (2) Eligibility. Eligible dependents of Reserve Component 
members and retirees as described in subpart C of this part are 
eligible for the DD Form 1173-1.
    (k) DD Form 2764, ``United States DoD/Uniformed Services Geneva 
Conventions Card.''--(1) Description. This is the primary ID for 
non-CAC eligible civilian noncombatant personnel who are deployed in 
conjunction with military operations overseas. The DD Form 2764 also 
replaces DD Form 489, ``Geneva Conventions Identity Card for 
Civilians Who Accompany the Armed Forces.''
    (2) Eligibility. Civilian noncombatant personnel who have been 
authorized to accompany U.S. forces in regions of conflict, combat, 
and contingency operations and who are liable to capture and 
detention by the enemy as POWs are eligible for the DD Form 2764 in 
accordance with DoD Instruction 1000.01.
    (l) DD Form 2765--(1) Description. This is the primary ID card 
for categories of individuals, other than current or retired members 
of the uniformed services, who are eligible for uniformed services 
benefits and privileges in their own right without requiring a 
current affiliation with another sponsor.
    (2) Eligibility. Those populations eligible for the DD Form 2765 
include:
    (i) Foreign national military personnel described in paragraph 
(d)(2)(viii) of this appendix that cannot meet all criteria for CAC 
issuance.
    (ii) Former members.
    (iii) Members eligible for transitional health care (THC). These 
individuals shall be eligible for DD Form 2765 (with a ``TA'' 
overstamp) showing expiration date for each benefit, as shown on the 
reverse of the card.
    (iv) MOH recipients.
    (v) DAV (rated 100 percent disabled by the Department of 
Veterans Affairs).
    (vi) Former spouse (that qualify as a DoD beneficiary).
    (vii) Civilian personnel in the categories listed in paragraphs 
(l)(2)(vii)(A) through (D) of this appendix:
    (A) Other U.S. Government agency civilian employees when 
stationed or employed and residing in foreign countries for a period 
of at least 365 days.
    (B) Area executives, center directors, and assistant directors 
of the United Service Organization, when serving in foreign 
countries.
    (C) United Seaman's Service (USS) personnel in foreign 
countries.
    (D) Military Sealift Command (MSC) civil service marine 
personnel deployed to foreign countries on MSC-owned and -operated 
vessels.
    (m) DoD Civilian Retiree Card--(1) Description. This ID shall 
only be used to establish DoD civilian retiree identity and 
affiliation with the DoD.
    (2) Eligibility. Appropriated and NAF civilians that have 
retired from any DoD Service component or agency are eligible for 
the DoD Civilian Retiree Card. These civilians must have their 
retired status verified in DEERS before an ID card can be issued.
    (n) NOAA Retired Wage Mariner and Family Member Card--(1) 
Description. The NOAA Retired Wage Mariner and Family Member Card is 
a sub-category of the DoD Civilian Retiree Card and shall be used to 
establish identity and affiliation with the DoD and to identify the 
individual's eligibility for benefits and privileges administered by 
the uniformed services as described in subpart C of this part.
    (2) Eligibility. Retired Wage Mariners of NOAA and their 
dependents as described in subpart C of this part are eligible for 
the NOAA Retired Wage Mariners and Family Members Card.

Appendix 2 to Sec.  161.7--Topology Specifications

    (a) Topology. Graphical representations of all CACs are 
maintained at www.cac.mil.
    (b) CAC stripe color coding. The CAC shall be color-coded as 
indicated in the Table to reflect the status of the holder of the 
card.
    (1) If a person meets more than one condition as shown in the 
Table, priority will be given to the blue stripe to denote a non-
U.S. citizen unless the card serves as a Geneva Conventions card.
    (2) FIPS Publication 201-1 reserves the color red to distinguish 
emergency first responder officials. Until the DoD implementation of 
Homeland Security Presidential Directive 12 is complete, the color 
red will also be used to denote non-U.S. personnel in the same 
manner as the blue stripe in the Table (i.e., some cards with red 
stripes may continue to exist in circulation until the 3-year life 
cycle is complete).

                     Table--CAC Stripe Color Coding
------------------------------------------------------------------------
                                       U.S. military and DoD civilian
             No stripe               personnel or any personnel eligible
                                        for a Geneva Conventions card
------------------------------------------------------------------------
Blue..............................  Non-U.S. personnel, including DoD
                                     contract employees (other than
                                     those persons requiring a Geneva
                                     Conventions card).
------------------------------------------------------------------------
Green.............................  All U.S. citizen personnel under
                                     contract to the DoD (other than
                                     those persons requiring a Geneva
                                     Conventions card).
------------------------------------------------------------------------

    (c) CAC printed statements--(1) Eligible individuals who are 
permanently assigned in foreign countries for at least 365 days (it 
should be noted that local nationals are in their home country, not 
a foreign country) will have the word ``OVERSEAS'' printed within 
the authorized patronage area of the CAC.

[[Page 723]]

    (2) The authorized patronage area for eligible individuals 
permanently assigned within CONUS will be blank. Travel orders 
authorize access for these individuals while en route to the 
deployment site.
    (3) During a conflict, combat, or contingency operation, 
civilian employees with a U.S. DoD or Uniformed Services Geneva 
Conventions ID Card for Civilians Accompanying the Uniformed 
Services will be granted all commissary; exchange; MWR; and medical 
privileges available at the site of the deployment, regardless of 
the statements on the ID card. Contractor employees possessing this 
ID card shall receive the benefit of those commissary, exchange, 
MWR, and medical privileges that are accorded to such persons by 
international agreements in force between the United States and the 
host country concerned and their letter of authorization.
    (4) The medical area on the card for individuals on permanent 
assignment in a foreign country will contain the statement: ``When 
TAD/TDY or stationed overseas on a space available fully 
reimbursable basis.'' However, civilian employees and contractor 
employees providing support when forward deployed during a conflict, 
combat, or contingency operation are treated in accordance with 10 
U.S.C. 10147 and chapters 1209 and 1223 and DoD Instruction 3020.41, 
``Operational Contract Support'' (available at http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf), and the Deputy Secretary of 
Defense Memorandum, ``Policy Guidance for Provision of Medical Care 
to Department of Defense Civilian Employees Injured or Wounded While 
Forward Deployed in Support of Hostilities'' (available at http://cpol.army.mil/library/nonarmy/dod_092407.pdf).
    (d) Blood type indicators. A blood type indicator is an optional 
data element on the ID card and will only appear on the card if the 
blood type is provided by an authoritative data source prescribed by 
TRICARE Management Activity.
    (e) Organ donor indicators. An organ donor indicator is an 
optional data element on the ID card and will only appear if the 
card applicant opts for this feature at the time of card issuance.

Sec.  161.8  ID card life-cycle roles and responsibilities.

    (a) General. This section provides the roles and responsibilities 
associated with a series of processes and systems that support the ID 
card life-cycle. The requirements provided in this section may be 
supplemented by military Service guidance, DoD Component-level 
procedures and DMDC procedural and system documentation on DEERS, 
RAPIDS, TASS, and CPR.
    (b) Separation of duties. The ID card life-cycle includes a 
requirement for a separation of duties to support the issuance process. 
This rule requires more than one person to serve in an official role 
during the sponsorship and enrollment and issuance processes. 
Authorizing a RAPIDS SSM or VO to exercise the duties of a TASS TASM, 
TA, or sponsor would allow a single individual to control the ID card 
issuance process, from record creation to card issuance. Individuals 
serving in the role of a RAPIDS SSM or VO shall not exercise the role 
of the TASS TASM or TA or the role of the signatory sponsor on the DD 
Form 1172-2. (In the case of their own dependents, a RAPIDS SSM or VO 
can serve as the sponsor on the DD Form 1172-2 but cannot serve as the 
VO for card issuance.)
    (c) DD Form 1172-2. The DD Form 1172-2 shall be used to collect the 
information necessary to register ID card and CAC applicants in DEERS 
via RAPIDS who are not enrolled through an authorized personnel data 
feed or are not registered through TASS. The DD Form 577, 
``Appointment/Termination Record--Authorized Signature,'' shall be used 
to verify the sponsoring individual's signature, when verification 
through RAPIDS is unavailable. This form is to be used primarily for 
DEERS enrollment and verification of initial and continued association 
for dependents and DoD affiliates (e.g., foreign national military). 
The DD Form 1172-2 shall also be used to add benefits conditions for 
eligible personnel in accordance with DMDC, ``Real-time Automated 
Personnel Identification System (RAPIDS) User Guide'' and subpart C of 
this part. Retention and disposition of the DD Form 1172-2 shall be in 
accordance with the uniformed services' regulatory instructions. In the 
absence of electronic verification of sponsorship for the enrollment or 
reenrollment of dependents, the sponsor signing block 65 in Section 5 
of the DD Form 1172-2 for the ID card applicant:
    (1) Shall be a uniformed services member, retiree, civilian 
employee working for the sponsoring organization, or an individual 
entitled to DoD benefits in their own right, without requiring 
relationship to another sponsor, as described in subpart C of this 
part.
    (2) Must be a DoD ID card or CAC holder.
    (3) Shall establish the applicant's initial and continued 
relationship to the sponsor, affiliation with DoD, and need for a CAC 
card in accordance with this subpart and DoD Component-level 
procedures.
    (d) TASS. TASS shall serve as the sponsorship and DEERS data 
registration tool for CAC-eligible DoD contractors and other 
populations as determined by the Director, DHRA. TASS employs an 
automated version of the DD Form 1172-2 to collect information 
necessary for DEERS enrollment. Organizations that use TASS shall 
adhere to the following guidelines on user roles:
    (1) Service Point of Contact (SPOC). A DoD Component that utilizes 
TASS shall appoint a SPOC for TASS management and operation. The SPOC 
shall coordinate with the DMDC to establish a site with TASS 
capability. The SPOC shall create policies, operating procedures, and 
other supporting documentation in support of the Service or agency-
specific implementation. The SPOC will oversee TASM registration, and 
provide any other required field support. The TASS SPOC:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, civilian employee working 
for the sponsoring organization, or a DoD contractor providing 
management support to the service or agency implementing TASS (a 
contractor cannot perform the TA or TASM role).
    (iii) Must be capable of sending and receiving digitally signed and 
encrypted email.
    (iv) Must be a CAC holder.
    (v) Shall complete the training provided by DMDC for the TASM and 
TA roles.
    (2) TASM. The TASM will act as a TA and oversee the activity for 
TASS site TAs. A TASS TASM:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member or a DoD civilian employee 
working for the sponsoring organization.
    (iii) Must be capable of sending and receiving digitally signed and 
encrypted email.
    (iv) Must be a CAC holder.
    (v) Shall complete the training provided by DMDC for the TASM role.
    (3) TA. TAs shall be sponsors for eligible populations within TASS 
and will utilize TASS to register data for the DD Form 1172-2, re-
verify CAC holder affiliation, and revoke CACs in accordance with this 
part and the DMDC ``Contractor Verification System TASS (CVS) TASM/TA 
and Applicant User Guides, Version 3.03'' (available at https://www.dmdc.osd.mil/appj/cvs/login). Sponsoring an applicant is a multi-
step process which includes establishing the individual's eligibility 
in accordance with paragraph (a) of Sec.  161.7 of this subpart and 
verifying that the individual has the necessary background 
investigation completed to be issued a CAC in accordance with paragraph 
(c) of Sec.  161.7 of this subpart. A TASS TA:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, a DoD civilian employee 
working for the sponsoring organization,

[[Page 724]]

or a non DoD Federal agency employee approved by DHRA.
    (iii) Must be capable of sending and receiving digitally signed and 
encrypted email.
    (iv) Must be a CAC holder.
    (v) Shall complete the training provided by DMDC for the TA role.
    (vi) Shall manage no more than 100 active contractors at any given 
time within TASS. Exceptions to this limit can be authorized by the DoD 
Component concerned to address specific contract requirements that 
substantiate a need for a larger contractor-to-TA ratio. The DoD 
Component SPOC shall document any authorized exceptions to the 100-
contractors limit and shall, at a minimum, conduct annual audits on the 
oversight functions of these specific TAs.
    (vii) Shall coordinate with their contracting personnel when 
establishing the contractor's initial and continued affiliation with 
DoD and need for CACs in accordance with agency or Component-level 
procedures.
    (viii) Shall coordinate with their contracting, human resources, or 
personnel security organizations to confirm that the appropriate 
background check has been completed for CAC applicants.
    (ix) Shall re-verify a CAC holder's need for a CAC every 6 months 
(180 days) within TASS.
    (x) Shall revoke the CAC within the TASS upon termination of 
employment or completion of affiliation with the DoD.
    (xi) Shall ensure that the CAC is retrieved upon the CAC holder's 
termination of employment or completion of affiliation with the DoD.
    (e) RAPIDS. RAPIDS must be operated in accordance with DMDC, 
``Real-time Automated Personnel Identification System (RAPIDS) User 
Guide.'' RAPIDS shall be supported by:
    (1) SSM. The SSM shall manage the daily operations at a RAPIDS site 
to include managing users, cardstock, and consumables. The SPO shall 
assign a primary and secondary SSM to each site to ensure the site 
continues to function in the absence of one of the SSMs. The SSM shall 
perform all responsibilities of a RAPIDS user (VO), as well as all SSM 
responsibilities. The SSM shall:
    (i) Be a U.S. citizen.
    (ii) Be a uniformed services member, civilian employee working for 
the sponsoring organization, or a DoD contractor.
    (iii) Be a CAC holder.
    (iv) Complete the training provided by DMDC for the SSM and VO 
roles.
    (v) Be responsible for supporting RAPIDS functions delineated in 
DMDC, ``Real-time Automated Personnel Identification System (RAPIDS) 
User Guide.''
    (vi) Must have a favorably adjudicated NACI.
    (2) VO. The VO shall complete identity and eligibility verification 
and card issuance functions in accordance with this part. The VO:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, civilian employee working 
for the sponsoring organization, or a DoD contractor.
    (iii) Must be a CAC holder.
    (iv) Shall complete the training provided by DMDC for the VO role.
    (v) Be responsible for supporting RAPIDS functions delineated in 
DMDC, ``Real-time Automated Personnel Identification System (RAPIDS) 
User Guide.''
    (f) CPR. Organizations that utilize CPR shall adhere to the 
guidelines in this section on user roles:
    (1) CPR project officer. The CPR project officer (CPO) shall be 
appointed by the Service or Agency as the focal point for day-to-day 
CPR management and operation. The CPO:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, civilian employee working 
for the sponsoring organization, or a DoD contractor.
    (iii) Must be a CAC holder.
    (iv) Must establish sites with CPR capability, oversee CPR TASM 
registration, and ensure other required field support in accordance 
with DMDC and Service- or agency-level guidelines.
    (2) CPR TASM. The CPR TASM manages the CPR trusted agent (CTA) 
operations. The CPR TASM:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, civilian employee working 
for the sponsoring organization, or a DoD contractor.
    (iii) Must be a CAC holder.
    (iv) Shall complete the required training and manage CTA operations 
in accordance with DMDC and Service- or agency-level guidelines.
    (3) CTA. The CTA's primary role is to provide PIN reset. The CTA:
    (i) Must be a U.S. citizen.
    (ii) Must be a uniformed services member, civilian employee working 
for the sponsoring organization, or a DoD contractor.
    (iii) Must be a CAC holder.
    (iv) Shall complete the required training and conduct CPR 
operations in accordance with DMDC and Service- or agency-level 
guidelines.

Subpart C--DoD Identification (ID) Cards: Benefits for Members of 
the Uniformed Services, Their Dependents, and Other Eligible 
Individuals

Sec.  161.9  DoD benefits.

    (a) The benefits population is defined by roles. There are roles 
that have a direct affiliation with the DoD, such as an active duty 
Service member, or those that have an association to someone who is 
affiliated, such as the spouse of an active duty member. This section 
reflects benefit eligibility established by law and affiliated DoD 
policy, and covers the roles that either receive CHC, direct care at an 
MTF, commissary, exchange, and MWR benefits, or are only affiliated to 
be issued a DoD-authorized CAC or uniformed services ID card. Sections 
161.10 through 161.22 identify the categories of eligible persons and 
their authorized benefits as they would be recorded in the Defense 
Eligibility Enrollment Reporting System (DEERS).
    (1) Sections 161.10 through 161.22 reflect the eligibility of 
persons for benefits.
    (2) A sponsor's begin date for benefit eligibility is based on the 
date the sponsor begins their affiliation with the Department.
    (3) A dependent's begin date for benefit eligibility is based on 
the date the dependent becomes associated as an eligible dependent to 
an eligible sponsor.
    (4) Guidance on benefit eligibility begin dates and ID card 
expiration dates based on benefits will be maintained at http://www.cac.mil.
    (5) Refer to the figure for abbreviations for the tables in this 
subpart.

                  Figure--Benefits Table Abbreviations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
CHC...............................  civilian health care.
DC................................  direct care at MTFs.
C.................................  commissary privileges.
MWR...............................  MWR privileges.
E.................................  exchange privileges.
------------------------------------------------------------------------

Sec.  161.10  Benefits for active duty members of the uniformed 
services.

    (a) This section describes the benefits for active duty uniformed 
services members and their eligible dependents administered by the 
uniformed services in accordance with 10 U.S.C. chapter 55 and DoD 
Instruction 1330.17, ``Armed Services Commissary Operations'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/133017p.pdf); DoD Instruction 1330.21, ``Armed Services

[[Page 725]]

Exchange Regulations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/133021p.pdf); and DoD Instruction 1015.10. 
Descriptions of benefits for National Guard and Reserve members and 
their eligible dependents are contained in Sec.  161.11. Descriptions 
of benefits for surviving dependents of active duty uniformed services 
members are contained in Sec.  161.17.
    (1) Active duty service members. Active duty uniformed services 
members are eligible for benefits administered by the uniformed 
services as shown in Table 1.

                         Table 1 to Part 161--Benefits for Active Duty Members, Not Including National Guard or Reserve Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  No....................  Yes...................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Dependents of active duty members. Dependents of active duty 
members are eligible for benefits as shown in Table 2 to part 161. 
Benefits for the eligible dependents of National Guard or Reserve 
members, non-regular Service retirees not yet age 60, or members 
entitled to retired pay or who are in receipt of retired pay for non-
regular service, and non-regular Service retirees who are not in 
receipt of retired pay are identified in Sec. Sec.  161.11 through 
161.14.

                                           Table 2 to Part 161--Benefits for Dependents of Active Duty Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spouse............................  Yes...................  Yes...................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            Yes...................  Yes...................  1.....................  2....................  2.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  3.....................  3.....................  3.....................  3....................  3.
    Pre-adoptive Child............  4.....................  4.....................  4.....................  4....................  4.
    Foster Child..................  No....................  No....................  1.....................  1....................  1.
Children, Unmarried, 21 Years and   5.....................  5.....................  1, 5..................  5....................  5.
 Over.
Father, Mother, Father-in-Law,      No....................  1.....................  1.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408(h).
2. Yes, if dependent on an authorized sponsor for over 50 percent support or children of a sponsor residing in the household of a former spouse (20-20-
  20 or 10-20-10).
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
  incapacitation or under such other circumstances as the administering Secretary or Director may, by regulation, prescribe.
4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another organization authorized by State or local law to provide adoption placement, in anticipation of the legal adoption
  by the member.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member and is dependent on the member for over 50 percent of the child's support.

Sec.  161.11  Benefits for National Guard and Reserve Members of the 
Uniformed Services.

    (a) This section describes the benefits for National Guard and 
Reserve members of the uniformed services and their eligible 
dependents. Benefits for members of the Retired Reserve and their 
eligible dependents are described in Sec.  161.13. Benefits for 
surviving dependents of deceased National Guard and Reserve members are 
described in Sec.  161.17.
    (1) National Guard and Reserve members. National Guard and Reserve 
members are eligible for benefits based on being ordered to periods of 
active duty or full-time National Guard duty or active status in the 
SelRes, including Ready Reserve and Standby Reserve and participation 
in the Reserve Officer Training Corps.

[[Page 726]]

                      Table 3 to Part 161--Benefits for National Guard and Reserve Members Not on Active Duty Greater Than 30 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  No....................  No....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                  Table 4 to Part 161--Benefits for National Guard and Reserve Members on Active Duty for Periods Greater Than 30 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  No....................  Yes...................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This includes reported periods of early identification of Service members in support of a contingency operation in accordance with DoD Instruction
  7730.54, ``Reserve Components Common Personnel Data System (RCCPDS)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/773054p.pdf).

    (2) Dependents of National Guard or Reserve Members. Dependents of 
National Guard or Reserve members are eligible for benefits as shown in 
Table 5.

                                    Table 5 to Part 161--Benefits for Dependents of National Guard or Reserve Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spouse............................  1.....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            1.....................  1.....................  2.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 4..................  1, 4..................  4.....................  4....................  4.
    Pre-adoptive Child............  1, 5..................  1, 5..................  5.....................  5....................  5.
    Foster Child..................  No....................  No....................  2.....................  2....................  2.
Children, Unmarried, 21 Years and   1, 6..................  1, 6..................  2, 6..................  6....................  6.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 2..................  2.....................  3....................  3.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor is on active duty greater than 30 days. When the order to active duty period is greater than 30 days the eligibility for CHC and
  DC for eligible dependents begins on the first day of the active duty period.
2. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408(h).
3. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former spouse (20-20-
  20 or 10-20-10).
4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
  incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
6. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member and is dependent on the member for over 50 percent of the child's support.

Sec.  161.12  Benefits for former uniformed services members.

    (a) This section describes the benefits for former uniformed 
services members and their eligible dependents. Former members are 
eligible to receive retired pay, at age 60, for non-regular service in 
accordance with 10 U.S.C. chapter 1223, but have been discharged from 
their respective Service or agency and maintain no military 
affiliation.
    (1) Former Members and their Eligible Dependents. Former members 
and their dependents are eligible for benefits as shown in Table 6 to 
part 161.

[[Page 727]]

                                             Table 6 to Part 161--Benefits for Former Members and Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Member (Self)..............  1.....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  1.....................  2.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            1.....................  2.....................  3.....................  4....................  4.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 5..................  2, 5..................  5.....................  5....................  5.
    Pre-adoptive Child............  1, 6..................  2, 6..................  6.....................  6....................  6.
    Foster Child..................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   1, 7..................  2, 7..................  3, 7..................  7....................  7
 Over.
Father, Mother, Father-in-Law,      No....................  2, 3..................  3.....................  4....................  4
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the former member is age 60 or over and in receipt of retired pay for non-regular service; and is:
a. Not entitled to Medicare Part A hospital insurance through the SSA, or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84, ``National Defense Authorization Act for Fiscal Year 2010.''
2. Yes, if former member is age 60 or over and in receipt of retired pay for non-regular service.
3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408(h).
4. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former spouse (20-20-
  20 or 10-20-10).
5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.13  Benefits for retired members of the uniformed services.

    (a) This section describes the benefits for retired uniformed 
service members entitled to retired pay and their eligible dependents. 
Retired uniformed service members are entitled to retired pay and 
eligible for benefits administered by the uniformed services in 
accordance with 10 U.S.C., DoD Instruction 1330.17, DoD Instruction 
1330.21, DoD Instruction 1015.10, and TRICARE Policy Manual 6010.57-M 
(available at http://www.tricare.mil/contracting/healthcare/t3manuals/change2/tp08/c8s9_1.pdf). This includes voluntary, temporary, and 
permanent disability retired list (PDRL) retirees. Benefits for former 
members and their eligible dependents are described in Sec.  161.12.
    (1) Retired Members. Benefits for voluntary retired members and 
PDRL retirees are shown in Table 7 to part 161. Benefits for temporary 
disability retired list (TDRL) retirees are shown in Table 8 to part 
161.

                                      Table 7 to Part 161--Benefits for Voluntary Retired Members and PDRL Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  1.....................  Yes...................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.

                                                     Table 8 to Part 161--Benefits for TDRL Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  1, 2..................  Yes...................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:

[[Page 728]]

 
1. If not removed sooner, retention of the service member on the TDRL shall not exceed a period of 5 years. The uniformed service member must be
  returned to active duty, separated with or without severance pay, or retired as PDRL in accordance with 10 U.S.C. 1210.
2. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.

    (2) Retired Reserve. Benefits for members of the Retired Reserve 
who have attained 20 creditable years of service, have not reached the 
age of 60, and are not in receipt of retired pay are shown in Table 9. 
When a Retired Reserve member is ordered to active duty greater than 30 
days, their benefits will reflect what is shown in Table 10 to part 
161. When a Retired Reserve member is in receipt of retired pay under 
age 60 (non-regular Service retirement), or upon reaching age 60, their 
benefits will reflect what is shown in Table 11 to part 161.

                                                Table 9 to Part 161--Benefits for Retired Reserve Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  No....................  No....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                         Table 10 to Part 161--Benefits for Retired Reserve Members Ordered to Active Duty Greater Than 30 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  No....................  Yes...................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                         Table 11 to Part 161--Benefits for Non-Regular Service Retirement for Qualifying Ready Reserve Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Member (Self).....................  1.....................  1.....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if age 60 or over, and:
a. Applied for or in receipt of retired pay in accordance with 10 U.S.C. 1074. If in receipt of retired pay in accordance with the provisions of 10
  U.S.C. 12731, after the date of the enactment of section 647 of Public Law 110-181, ``National Defense Authorization Act for Fiscal Year 2008,'' the
  member must be age 60 to qualify for CHC and DC.
b. Not entitled to Medicare Part A hospital insurance through the SSA, or
c. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.

    (3) Dependents. Dependents of retired uniformed services members 
entitled to retired pay, including TDRL and PDRL, non-regular Service 
retirees not yet age 60 not in receipt of retired pay; non-regular 
Service retirees entitled to retired pay in accordance with the 
provisions of 10 U.S.C. 12731 after the date of the enactment of 
section 647 of Public Law 110-181; and non-regular Service retirees, 
age 60 or over, in receipt of retired pay for non-regular service in 
accordance with 10 U.S.C. chapter 1223, are eligible for benefits as 
shown in Table 12 to part 161.

                                   Table 12 to Part 161--Benefits for Dependents of Retired Uniformed Services Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lawful Spouse.....................  1.....................  2.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            1.....................  2.....................  3.....................  4....................  4.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 5..................  2, 5..................  5.....................  5....................  5.
    Pre-adoptive Child............  1, 6..................  2, 6..................  6.....................  6....................  6.
    Foster Child..................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   1, 7..................  2, 7..................  3, 7..................  7....................  7.
 Over.
Father, Mother, Father-in-Law,      No....................  2, 3..................  3.....................  4....................  4.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor is:
a. Retired (as shown in Tables 7 and 8) and the dependent is not entitled to Medicare Part A hospital insurance through the SSA; or if entitled to
  Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of
  Public Law 111-84;
b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active duty period is
  greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or
c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as shown in Table 11.

[[Page 729]]

 
2. Yes, if the sponsor is:
a. Retired (as shown in Tables 7 and 8);
b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active duty period is
  greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or
c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as seen in Table 11.
3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408(h).
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
  spouse (20-20-20 or 10-20-10).
5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.14  Benefits for MOH recipients.

    (a) This section describes the benefits for MOH recipients and 
their dependents who are authorized pursuant to section 706 of Public 
Law 106-398, ``National Defense Authorization Act for Fiscal Year 
2001'' and who are not otherwise entitled to military medical and 
dental care. Section 706 of Public Law 106-398 authorized MOH 
recipients not otherwise entitled to military medical and dental care 
and their dependents to be given care in the same manner that such care 
is provided to former uniformed service members who are entitled to 
military retired pay and the dependents of those former members. 
Eligibility for the benefits described in Table 13 to part 161 begins 
on the date of award of the MOH but no earlier than October 30, 2000.

                                            Table 13 to Part 161--Benefits for MOH Recipients and Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  1.....................  2.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  1.....................  2.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            1.....................  2.....................  3.....................  4....................  4.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 5..................  2, 5..................  5.....................  5....................  5.
    Pre-adoptive Child............  1, 6..................  2, 6..................  6.....................  6....................  6.
    Foster Child..................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   1, 7..................  2, 7..................  3, 7..................  7....................  7.
 Over.
Father, Mother, Father-in-Law,      No....................  2, 3..................  3.....................  4....................  4.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
  Public Law 106-398 and:
a. Is not entitled to Medicare Part A hospital insurance through the SSA or
b. Is entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
  Public Law 106-398.
3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
  spouse (20-20-20 or 10-20-10).
5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.

[[Page 730]]

 
6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.15  Benefits for Disabled American Veterans (DAV).

    (a) This section describes the benefits for DAVs rated as 100 
percent disabled or 100 percent unemployable by the VA and their 
eligible dependents. Neither DAVs nor their eligible dependents receive 
CHC or DC benefits from the DoD based on their affiliation. Honorably 
discharged veterans rated by the VA as 100 percent disabled or 100 
percent unemployable from a uniformed service-connected injury or 
disease and certified by VA, and their dependents, are eligible for 
benefits as shown in Table 14 to part 161.

                                           Table 14 to Part 161--Benefits for 100 Percent DAVs and Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1.....................  2....................  2.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Pre-adoptive Child............  No....................  No....................  4.....................  4....................  4.
Children, Unmarried, 21 Years and   No....................  No....................  1, 5..................  5....................  5.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  1.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
  abuse pursuant to 10 U.S.C. 1408.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
  spouse (20-20-20 or 10-20-10).
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.16  Benefits for transitional health care members and 
dependents.

    This section shows the benefits for THC members and their eligible 
dependents. THC (formerly the TAMP) was instituted in section 502 of 
Public Law 101-510, ``Department of Defense Appropriations Bill Fiscal 
Year 1991'' effective October 1, 1990. Section 706 of Public Law 108-
375, ``National Defense Authorization Act of for Fiscal Year 2005'' 
made the THC program permanent and made the medical eligibility 180 
days for all eligible uniformed services members. Section 651 of Public 
Law 110-181 extended 2 years' commissary and exchange benefits to THC 
members. Section 734 of Public Law 110-417, ``National Defense 
Authorization Act for Fiscal Year 2009'' extended THC benefits to 
uniformed service members separating from active duty who agree to 
become members of the SelRes of the Ready Reserve of a reserve 
component. Uniformed service members separated as uncharacterized 
entry-level separations do not qualify for THC.

                                              Table 15 to Part 161--Benefits for THC Members and Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
THC Member (Self).................  1.....................  1.....................  2, 3, 4...............  2, 3, 4..............  2, 3, 4.
Lawful Spouse.....................  1.....................  1.....................  2, 3, 4...............  2, 3, 4..............  2, 3, 4.
Children, Unmarried, Under 21
 Years:

[[Page 731]]

 
    Legitimate, adopted,            1.....................  1.....................  2, 3, 4, 5............  2, 3, 4, 6...........  2, 3, 4, 6.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 7..................  1, 7..................  2, 3, 4, 7............  2, 3, 4, 7...........  2, 3, 4, 7.
    Pre-adoptive Child............  1, 8..................  1, 8..................  2, 3, 4, 8............  2, 3, 4, 8...........  2, 3, 4, 8.
    Foster Child..................  No....................  No....................  2, 3, 4, 5............  2, 3, 4, 5...........  2, 3, 4, 5.
Children, Unmarried, 21 Years and   1, 9..................  1, 9..................  5, 9..................  9....................  9.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 9..................  2, 3, 4, 5............  2, 3, 4, 6...........  2, 3, 4, 6.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, medical entitlement for 180 days beginning on the date after the member separated from the qualifying active duty period. There is no exception
  based on entitlement to Medicare Part A. The THC eligible sponsor and eligible dependents receive the medical benefits as if they were active duty
  eligible dependents.
2. No, if the member separated on or after January 1, 2001 but before October 1, 2007; or if separated in accordance with 10 U.S.C. 1145(a)(2)(F).
3. No, if the member separated from active duty to join the SelRes or the Ready Reserve of a Reserve Component.
4. Yes, if the member was separated during the period beginning on October 1, 1990, through December 31, 2001, or after October 1, 2007. Entitlement
  shall be for 2 years, beginning on the date the member separated.
5. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse are not considered to be members of the authorized sponsor's household
  for commissary privileges, except children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
  marriage during a period the member or retired member performed 20 years of service.
6. Yes, if dependent on the authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
  spouse (20-20-20 or 10-20-10).
7. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:
a. Is dependent on the member for over 50 percent support.
b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
8. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
9. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.17  Benefits for surviving dependents.

    (a) This section describes the benefits for surviving dependents of 
active duty deceased uniformed services members, deceased National 
Guard and Reserve service members, deceased MOH recipients, and 
deceased 100 percent DAV.
    (1) Surviving dependents of active duty deceased members. Surviving 
dependents of members who died while on active duty under orders that 
specified a period of more than 30 days or members who died while in a 
retired with pay status are eligible for benefits as shown in Table 16 
to part 161.

                                 Table 16 to Part 161--Benefits for Surviving Dependents of Active Duty Deceased Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow or widower:
    Unremarried...................  1.....................  Yes...................  Yes...................  Yes..................  Yes.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, or Under 21
 Years (Including Orphans):
    Legitimate, adopted,            1.....................  Yes...................  2.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 4..................  1, 4..................  4.....................  4....................  4.
    Pre-adoptive Child............  1, 5..................  1, 5..................  5.....................  5....................  5.
    Foster Child..................  No....................  No....................  2.....................  2....................  2.
Children, Unmarried, 21 Years and   1, 6..................  6.....................  2, 6..................  6....................  6.
 Over.
Father, Mother, Father-in-Law,      No....................  2.....................  2.....................  3....................  3.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor died on active duty (for dependents of National Guard or Reserve members or Retired Reserve members the period of active duty
  must be in excess of 30 days in order to qualify for the benefits in this table) and:

[[Page 732]]

 
a. If claims are filed less than 3 years from the date of death, there is no Medicare exception for the widow. After 3 years from the date of death, the
  widow is eligible if,
(1) Not entitled to Medicare Part A hospital insurance through the SSA.
(2) Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
b. Yes, for children regardless of the number of years from the date of death or entitlement to Medicare they are entitled.
2. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
  for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to
  commissary privileges.
3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
  residing in the household of a former spouse (20-20-20 or 10-20-10).
4. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
  custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at
  least 12 consecutive months; and was at the time of the sponsor's death:
a. Dependent on the member for over 50 percent support.
b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
  incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
5. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
  home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide
  adoption placement, in anticipation of the legal adoption by the member.
6. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is or was at the time of the member's death dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member and is or was at the time of the member's death dependent on the member for over 50
  percent of the child's support.

    (2) Surviving dependents of deceased National Guard and Reserve 
members not on an active duty period greater than 30 days. The 
surviving dependents of National Guard and Reserve Service members are 
eligible for the benefits shown in Table 17 to part 161 if:
    (i) The National Guard or Reserve member died from an injury or 
illness incurred or aggravated while on active duty for a period of 30 
days or less, on active duty for training, or on inactive duty 
training, or while traveling to or from the place at which the member 
was to perform, or performed, such active duty, active duty for 
training, or inactive duty training pursuant to 10 U.S.C. 1076 and 
1086(c)(2) and if death occurred on or after October 1, 1985; or
    (ii) The National Guard or Reserve member died from an injury, 
illness, or disease incurred or aggravated while performing, or while 
traveling to or from performing active duty for a period of 30 days or 
less, or active duty for training, or inactive duty training, or while 
performing service on funeral honors in accordance with 10 U.S.C. 1074a 
and if death occurred on or after November 15, 1986.

 Table 17 to Part 161--Benefits for Surviving Dependents of Deceased National Guard and Reserve Members Not On Active Duty for a Period Greater Than 30
                                                                          Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow or Widower:
    Unremarried...................  1, 2..................  2.....................  2.....................  2....................  2.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  2.....................  2....................  2.
Children, Unmarried, Under 21       1, 2..................  2.....................  2, 3..................  2, 4.................  2, 4.
 Years (Including Orphans):
    Legitimate, adopted,
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 2, 5...............  2, 5..................  2, 5..................  2, 5.................  2, 5.
    Pre-adoptive Child............  1, 2, 6...............  2, 6..................  2, 6..................  2, 6.................  2. 6.
    Foster Child..................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   1, 2, 7...............  2, 7..................  2, 3, 7...............  2, 7.................  2, 7.
 Over.
Father, Mother, Father-in-Law,      No....................  2, 3..................  2, 3..................  2, 4.................  2, 4.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, only if death occurred on or after 1 October 1985 in accordance with the provisions of 10 U.S.C. 1076, or on or after November 15, 1986 in
  accordance with the provisions of 10 U.S.C. 1074a.
3. Yes, if at the time of the sponsor's death the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
  for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of
  the sponsor's former spouse, are entitled to commissary privileges.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
  residing in the household of a former spouse (20-20-20 or 10-20-10).
5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
  custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at
  least 12 consecutive months and was at the time of the sponsor's death:
a. Dependent on the member for over 50 percent support.
b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
  incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.

[[Page 733]]

 
6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
  home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide
  adoption placement, in anticipation of the legal adoption.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is or was at the time of the member's death dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member and is or was at the time of the member's or former member's death dependent on the member for over 50
  percent of the child's support.

    (3) Surviving dependents of deceased National Guard and Reserve 
members in receipt of their notice of eligibility (NOE), Retired 
Reserve members not yet age 60, and former members not in receipt of 
retired pay. The surviving dependents of National Guard and Reserve 
members who have died before the age of 60 are eligible for the 
benefits shown in Table 18 to part 161 if the deceased sponsor was:
    (i) A Reserve member who had earned 20 qualifying years for 
retirement and received their NOE for retired pay at age 60, but HAD 
NOT transferred to the Retired Reserve.
    (ii) A Retired Reserve member eligible for pay at age 60, not yet 
age 60.
    (iii) A former member who had met time-in-service requirements.

                Table 18 to Part 161--Benefits for Surviving Dependents of National Guard and Reserve Members Who Have Died Before Age 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow or Widower:
    Unremarried...................  1, 2..................  1.....................  Yes, 8................  Yes, 8...............  Yes, 8.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes, 8................  Yes, 8...............  Yes, 8.
Children, Unmarried, Under 21
 Years (Including Orphans):
    Legitimate, adopted,            1, 2..................  1.....................  3,8...................  4,8..................  4,8.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 2, 5...............  1, 5..................  3, 5, 8...............  4, 5, 8..............  4, 5, 8.
    Pre-adoptive Child............  1, 2, 6...............  1, 6..................  3, 6, 8...............  4, 6, 8..............  4, 6, 8.
    Foster Child..................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   1, 2, 7...............  1, 7..................  3, 7, 8...............  4, 7, 8..............  4, 7, 8.
 Over.
Father, Mother, Father-in-Law,      No....................  3, 8..................  3, 8..................  3, 8.................  3, 8.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on or after the date the member would have become age 60.
2. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
3. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
  for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of
  the sponsor's former spouse, are entitled to commissary privileges. Medical care is only authorized on or after the date the uniformed service member
  would have become age 60.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
  residing in the household of a former spouse (20-20-20 or 10-20-10).
5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
  custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for
  a period of at least 12 consecutive months; and was at the time of the sponsor's death:
a. Dependent on the member for over 50 percent support.
b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disibility or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
  home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local
  law to provide adoption placement, in anticipation of the legal adoption.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is or was at the time of the member's or former member's death dependent on the former member for over 50 percent of the child's
  support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member and is, or was at the time of the member's or former member's death, dependent on the
  member or former member for over 50 percent of the child's support.
8. Eligible dependents of deceased former members who died prior to age 60 receive commissary, MWR, and exchange benefits. If the former member dies
  after applying for pay upon reaching age 60 then the eligible dependents are entitled to medical care only in accordance with notes 1 and 2 as
  applicable.

    (4) Surviving dependents of deceased uniformed services retirees or 
deceased MOH recipients. The surviving dependents of deceased uniformed 
services retirees or deceased MOH recipients are eligible for the 
benefits shown in Table 19 to part 161.

[[Page 734]]

               Table 19 to Part 161--Benefits for Surviving Dependents of Deceased Uniformed Services Retirees and Deceased MOH Recipients
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow or Widower:
    Unremarried...................  1, 2, 3...............  3, 4..................  Yes...................  Yes..................  Yes.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            1, 2, 3...............  3, 5..................  6.....................  4....................  4.
     stepchild, illegitimate child
     of member, illegitimate child
     of spouse.
    Ward..........................  1, 2, 3, 7............  3, 4, 7...............  7.....................  7....................  7.
    Pre-adoptive Child............  1, 2, 3, 8............  3, 4, 8...............  8.....................  8....................  8.
    Foster Child..................  No....................  No....................  6.....................  6....................  6.
Children, Unmarried, 21 Years and   1, 2, 3, 9............  3, 4, 9...............  6, 9..................  9....................  9.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  6.....................  4....................  4.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the deceased uniformed service member was a retired uniformed service member entitled to retired pay, including TDRL or PDRL, or a non-
  regular Service retiree, age 60 or over, in receipt of retired pay, and if the person is:
a. Not entitled to Medicare Part A hospital insurance through the SSA; or,
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if the deceased MOH recipient was not otherwise entitled to medical care as of, or after October 30, 2000 in accordance with section 706 of
  Public Law 106-398 and if the person is:
a. Not entitled to Medicare Part A hospital insurance through the SSA; or,
b. Entitled to Medicare Part A, hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
3. No, if the deceased uniformed service member was a non-regular Service Retiree in accordance with the provision of 10 U.S.C. 12731 after the
  enactment of Public Law 110-181, sections 647 and 1106. The eligible surviving dependents will become eligible for CHC and DC on the anniversary of
  the 60th birthday of the deceased uniformed service member. Eligibility for CHC also requires that the person is:
a. Not entitled to Medicare Part A hospital insurance through the SSA; or,
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
  residing in the household of a former spouse (20-20-20 or 10-20-10).
5. Yes, if the deceased was a retired uniformed services member entitled to retired pay, including TDRL or PDRL, or a non-regular Service retiree, age
  60 or over, in receipt of retired pay, or a deceased MOH recipient not otherwise entitled to medical care as of or after, October 30, 2000, or a
  deceased non-regular Service retiree entitled in accordance with the provisions of 10 U.S.C. 12731 after the enactment of Public Law 110-181, sections
  647 and 1106 on the anniversary of the 60th birthday of the deceased uniformed Service member.
6. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse are not considered to be members of the authorized sponsor's household
  for commissary privileges.
7. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
  custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for
  a period of at least 12 consecutive months; and was at the time of the sponsor's death:
a. Dependent on the member for over 50 percent support.
b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
8. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
  home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local
  law to provide adoption placement, in anticipation of the legal adoption.
9. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is or was at the time of the member's or former member's death dependent on the former member for over 50 percent of the child's
  support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member and is or was at the time of the member's or former member's death dependent on the
  member or former member for over 50 percent of the child's support.

    (5) Surviving Dependents of 100 Percent DAVs. Surviving dependents 
of honorably discharged veterans rated as 100 percent disabled or 100 
percent unemployable by the VA from a uniformed services-connected 
injury or disease at the time of his or her death are eligible for 
benefits as shown in Table 20 to part 161.

                                       Table 20 to Part 161--Benefits for Surviving Dependents of 100 Percent DAVs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow or Widower: (DoD
 Beneficiary):
    Unremarried...................  No....................  No....................  Yes...................  Yes..................  Yes.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1.....................  4....................  4.
     stepchild, illegitimate child
     of member, illegitimate child
     of spouse.
    Ward..........................  No....................  No....................  2.....................  2....................  2.

[[Page 735]]

 
    Pre-adoptive Child............  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   No....................  No....................  1, 5..................  1, 5.................  1, 5.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  1.....................  4....................  4.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
  for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to
  commissary privileges.
2. Yes, if, for determination of dependency made on or after July 1, 1994, was placed in the legal custody of the member or former member as a result of
  a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at
  the time of the sponsor's death:
a. Dependent on the member for over 50 percent support.
b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
  disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.
3. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the home
  of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to
  provide adoption placement, in anticipation of the legal adoption.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
  residing in the household of a former spouse (20-20-20 or 10-20-10).
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is or was at the time of the member's or former member's death, dependent on the former member for over 50 percent of the child's
  support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member and is, or was at the time of the member's or former member's death, dependent on the
  member or former member for over 50 percent of the child's support.

Sec.  161.18  Benefits for abused dependents.

    (a) Abused dependents of active duty uniformed services members 
entitled to retired pay based on 20 or more years of service who, on or 
after October, 23, 1992, while a member, have their eligibility to 
receive retired pay terminated as a result of misconduct involving the 
abuse of the spouse or dependent child pursuant to 10 U.S.C. 1408(h), 
are eligible for benefits as shown in Table 21. For the purposes of 
these benefits the eligible spouse or child may not reside in the 
household of the sponsor. See Sec.  161.19 for additional information 
on abused dependents under the 10/20/10 former spouse rule.

                         Table 21 to Part 161--Benefits for Abused Dependents of Retirement Eligible Uniformed Services Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lawful Spouse.....................  1, 2, 6...............  2, 6..................  2, 6..................  2, 6.................  2, 6.
Children, Unmarried, Under 18
 Years:
    Legitimate, adopted,            1, 3..................  3.....................  4.....................  4....................  4.
     stepchild, pre-adoptive.
Children, Unmarried, 18 Years and   1, 4, 5...............  4, 5..................  4, 5..................  4, 5.................  4, 5.
 Over (If entitled above).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if a court order provides for an annuity for the spouse.
3. Yes, if a member of the household where the abuse occurred.
4. Yes, if a member of the household where the abuse occurred and dependent on that sponsor for over 50 percent of his or her support at the time the
  abuse occurred.
5. Yes, if the child:
a. Is older than 18 years old and is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 18, or occurred before the age of 23 while a full-
  time student.
6. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have completed 20
  creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see Sec.   161.19). The
  uniformed services shall prescribe specific procedures to verify the eligibility of an applicant.

    (b) Dependents of active duty uniformed service members (who have 
served for a continuous period greater than 30 days) not entitled to 
retired pay who have received a dishonorable or bad-conduct discharge, 
dismissal from a uniformed service as a result of a court martial 
conviction for an offense involving physical or emotional abuse of the 
spouse or child, or was administratively discharged as a result of such 
an offense, separated on or after November 30, 1993, are eligible for 
transitional privileges in accordance with DoD Instruction 1342.24, 
``Transitional Compensation for Abused Dependents'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/134224p.pdf). For the 
purposes of these benefits the eligible spouse or child may not reside 
in the household of the sponsor. A maximum of up to 36 months of 
medical benefits can be granted by the uniformed services to the 
transitional compensation dependent.

[[Page 736]]

                       Table 22 to Part 161--Benefits for Abused Dependents of Non-Retirement Eligible Uniformed Services Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lawful Spouse.....................  1, 2..................  2.....................  2.....................  2....................  2.
Children, Unmarried, Under 18
 Years:
    Legitimate, adopted, and        1, 2..................  2.....................  2.....................  2....................  2.
     stepchild.
Children, Unmarried, 18 Years and   1, 2, 3...............  2, 3..................  2, 3..................  2, 3.................  2, 3.
 Over (If entitled above).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if
a. Residing with the member at the time of the dependent-abuse offense and not residing with the member while receiving transitional compensation for
  abused dependents.
b. Married to and residing with the member at the time of the dependent-abuse offense and while receiving transitional compensation for abused
  dependents.
3. Yes, if:
a. 18 years of age or older and incapable of self-support because of a mental or physical incapacity that existed before the age of 18 and who is (or
  was when a punitive or other adverse action was carried out on the member) dependent on the member for over one-half of the child's support; or
b. 18 years of age or older, but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved by
  the Secretary of Defense and who is (or was when a punitive or other adverse action was carried out on the member) dependent on the member for over
  one-half of the child's support.

Sec.  161.19  Benefits for former spouses.

    (a) 20/20/20 former spouses. Unremarried former spouses of a 
uniformed services member or retired member, married to the member or 
retired member for a period of at least 20 years, during which period 
the member or retired member performed at least 20 years of service 
that is creditable in determining the member's or retired member's 
eligibility for retired or retainer pay, or equivalent pay pursuant to 
10 U.S.C. 1408 and 1072(2)(F), and the period of the marriage and the 
service overlapped by at least 20 years are eligible for benefits as 
shown in Tables 23 and 24 to part 161. The benefit eligibility period 
begins on qualifying date of divorce from the uniformed services 
member.
    (1) 20/20/20 former spouses of an active duty, regular retired, or 
a non-regular retired sponsor at age 60. 20/20/20 former spouses of an 
active duty, regular retired, or a non-regular retired sponsor at age 
60 are eligible for benefits as shown in Table 23 to part 161.

          Table 23 to Part 161--Benefits for 20/20/20 Former Spouses of Active Duty, Regular Retired, and Non-Regular Retired Members at Age 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Spouse:
    Unremarried...................  1, 2..................  1.....................  Yes...................  Yes..................  Yes.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan.
2. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance with the exception of those individuals who qualify
  in accordance with section 706 of Public Law 111-84.

    (2) 20/20/20 former spouses of a national guard, reserve member, or 
retired reserve member under age 60. (i) In the case of former spouses 
of National Guard, Reserve, or Retired Reserve members or former 
members who are entitled to retired pay at age 60, but have not yet 
reached age 60, the former spouse is only entitled to commissary, MWR, 
and exchange benefits as shown in Table 24 to part 161. When the 
Retired Reserve member or former member attains or would have attained, 
age 60, the former spouse will be entitled to benefits as shown in 
Table 23 to part 161.
    (ii) In the case of former spouses of National Guard members or 
Reserve members ordered to active duty, or Retired Reserve members 
under age 60 recalled to active duty, they continue to receive benefits 
as shown in Table 24 to part 161 if the orders are for a period of 30 
days or less. If the National Guard member, Reserve member, or recalled 
Retired Reserve member is on active duty orders in excess of 30 days, 
the former spouse will receive benefits as shown in Table 23 to part 
161.

                               Table 24 to Part 161--Benefits for 20/20/20 Former Spouses for Retired Reserve Under Age 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Spouse:
    Unremarried...................  No....................  No....................  Yes...................  Yes..................  Yes.
    Remarried.....................  No....................  No....................  No....................  No...................  No.

[[Page 737]]

 
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) 20/20/15 former spouses. Unremarried former spouses described 
in paragraph (a)(1) of this section, with the period of overlap of 
marriage and the member's creditable service at least 15 years, but 
less than 20 years, are not eligible for the commissary, MWR, or 
exchange benefits.
    (1) 20/20/15 former spouses of an active duty, regular retired, or 
a non-regular retired sponsor at age 60. 20/20/15 former spouses of an 
active duty, regular retired, or a non-regular retired sponsor at age 
60 are eligible for benefits as shown in Table 25 to part 161.

              Table 25 to Part 161--Benefits for 20/20/15 Former Spouses of Active Duty, Regular Retired, and Non-Regular Retired at Age 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Spouse:
    Unremarried...................  1, 2, 3...............  1, 3..................  No....................  No...................  No.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan.
2. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA; or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
3. Yes, if the:
a. Final decree of divorce, dissolution, or annulment of the marriage was before April 1, 1985; or
b. Marriage ended on, or after, September 29, 1988, entitlements shall exist for 1 year, beginning on the date of the divorce, dissolution, or annulment
  pursuant to 10 U.S.C. 1076 and 1072(2)(H).

    (2) 20/20/15 former spouses of a retired reserve member under age 
60. (i) In the case of former spouses of Retired Reserve members or 
former members who are entitled to retired pay at age 60, but have not 
yet reached age 60, the former spouse has no entitlement under age 60. 
The benefit eligible period is 1 year from the date of divorce. If any 
period of eligibility extends beyond the Retired Reserve or former 
member's 60th birthday then the former spouse will receive benefits as 
shown in Table 25 to part 161 for that period.
    (ii) In the case of former spouses of Reserve members or Retired 
Reserve members under age 60 recalled to active duty on orders for a 
period of 30 days or less they are not entitled to any benefits as 
shown in Table 26 to part 161. If the Reserve member or recalled 
Retired Reserve member is on active duty orders in excess of 30 days, 
the former spouse will receive benefits as shown in Table 25 to part 
161 if they are within 1 year from the date of divorce from the 
uniformed service member.

                           Table 26 to Part 161--Benefits for 20/20/15 Former Spouses of a Retired Reserve Member Under Age 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Spouse:
    Unremarried...................  No....................  No....................  No....................  No...................  No.
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (c) 10/20/10 former spouses. Unremarried former spouses of a member 
or retired member, married to the member or retired member for a period 
of at least 10 years to a member or retired member who performed at 
least 20 years of service that is creditable in determining the 
member's or retired member's eligibility for retired or retainer pay, 
when the period of overlap of marriage and the member's creditable 
service was at least 10 years and the former spouse is in receipt of an 
annuity as a result of the member being separated from the service due 
to misconduct involving dependent abuse pursuant to 10 U.S.C. 1408(h), 
are eligible for benefits as shown in Table 27 to part 161.

                                               Table 27 to Part 161--Benefits for 10/20/10 Former Spouses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Spouse:
    Unremarried...................  1, 2..................  1, 2..................  Yes...................  Yes..................  Yes
    Remarried.....................  No....................  No....................  No....................  No...................  No.

[[Page 738]]

 
    Unmarried.....................  1, 2..................  1, 2..................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have completed 20
  creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see Sec.   161.18,
  paragraph (a)(1)). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant.

Sec.  161.20  Benefits for civilian personnel.

    (a) Civilian personnel may be eligible for certain benefits 
described in this section based on their affiliation with DoD, Service-
specific guidelines, or other authorizing conditions. The definition of 
``civilian personnel'' (e.g., civilian employee, DoD contractor, Red 
Cross employee) is specific to each benefit set described.
    (1) Civilian personnel in the United States, to include civilian 
employees of the DoD and other Government agencies, as well as DoD 
contractors and personnel covered by PL 91-648 (also known and 
hereinafter referred to as Public Law 91-648, ``Intergovernmental 
Personnel Act'' (IPA)), may be issued a DoD ID card as a condition of 
employment or assignment in accordance with subpart B of this part. 
Civilian personnel in the United States are eligible for benefits as 
shown in Table 28 to part 161.

                                       Table 28 to Part 161--Benefits for Civilian Employees in the United States
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  1....................  No.
Dependents........................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of MWR
  facilities based on the discretion of the installation commander.

    (2) Civilian personnel required to reside on a military 
installation within the CONUS, Hawaii, or Alaska and their dependents, 
when residing in the same household, are eligible for benefits as shown 
in Table 29 to part 161. For the purposes of this benefit set, 
``civilian personnel'' includes civilian DoD employees and IPA 
personnel.

   Table 29 to Part 161--Benefits for Civilian Personnel and Dependents When Required To Reside on a Military Installation in CONUS, Hawaii, or Alaska
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  1.....................  Yes..................  2.
Lawful Spouse.....................  No....................  No....................  1.....................  Yes..................  2.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1, 3..................  3....................  2, 3.
     stepchild, illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  1, 3, 4...............  3, 4.................  2, 3, 4.
    Pre-adoptive..................  No....................  No....................  1, 3, 5...............  3, 5.................  2, 3, 5.
    Foster Child..................  No....................  No....................  1, 3..................  3....................  2, 3.
Children, Unmarried, 21 Years and   No....................  No....................  1, 6..................  6....................  2, 6.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  1, 3..................  3....................  2, 3.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, but commissary privileges do not include the purchase of tobacco products in those States, including the District of Columbia, that impose a tax
  on such products.
2. Yes, are entitled to limited exchange privileges, which include purchase of all items except uniform articles and State tax-free items.
3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
6. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child's support.

    (3) DoD civilian personnel stationed or employed outside the 
continental United States (OCONUS) and their accompanying dependents, 
when residing in the same household, are eligible for benefits as shown 
in Table

[[Page 739]]

30. For the purposes of this benefit set, ``civilian personnel'' 
includes civilian DoD employees, DoD contractors, and IPA personnel. 
Overseas commanders may never authorize benefits not authorized by this 
section, but they may deny privileges indicated when base support 
facilities cannot handle the burden imposed.

                         Table 30 to Part 161--Benefits for DoD Civilian Personnel Stationed OCONUS and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, Illegitimate child
     of employee, or Illegitimate
     child of spouse.
    Ward..........................  No....................  1, 2, 3...............  2, 3..................  2, 3.................  2, 3.
    Pre-adoptive..................  No....................  1, 2, 4...............  2, 4..................  2, 4.................  2, 4.
    Foster Child..................  No....................  No....................  2.....................  2....................  2
Children, Unmarried, 21 Years and   No....................  1, 5..................  5.....................  5....................  5.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  1, 2..................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service
  instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b.Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-time
  student, while a dependent of a member and is, dependent on the member for over 50 percent of the child's support.

    (4) Civilian personnel of non-DoD Government agencies stationed or 
employed OCONUS, and their dependents, when residing in the same 
household, are eligible for benefits as shown in Table 31. For the 
purposes of this benefit set, ``civilian personnel'' includes civilian 
employees of non-DoD Government agencies (e.g., Federal employees of 
the Department of State). Commissary, MWR, and exchange privileges are 
authorized by overseas commanders to the persons designated in Table 31 
when it is within the capability of the facilities and it shall not 
impair the military mission. Overseas commanders may never authorize 
benefits beyond those authorized by this section, but they may deny 
privileges indicated when base support facilities cannot handle the 
burden imposed.

       Table 31 to Part 161--Benefits For Non-DoD Government Agencies Civilian Personnel Stationed or Employed OCONUS and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,
     stepchild, Illegitimate child
     of employee, or Illegitimate
     child of spouse.
    Ward..........................  No....................  1, 2, 3...............  2, 3..................  2, 3.................  2, 3.
    Pre-adoptive..................  No....................  1, 2, 4...............  2, 3..................  2, 4.................  2, 4.
    Foster Child..................  No....................  No....................  2.....................  2....................  2.
Children, Unmarried, 21 Years and   No....................  1, 5..................  5.....................  5....................  5.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 2..................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service
  instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child's support.

[[Page 740]]

    (5) Civilian personnel stationed or employed in Puerto Rico or Guam 
and their dependents, when residing in the same household, are eligible 
for benefits as shown in Table 32. For the purposes of this benefit 
set, ``civilian personnel'' includes civilian DoD employees under a 
valid transportation agreement, as well as civilian employees of other 
Government agencies, DoD contractors, and IPA personnel.

             Table 32 to Part 161--Benefits for Civilian Personnel Stationed or Employed in Puerto Rico or Guam and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  2.....................  Yes..................  3.
Lawful Spouse.....................  No....................  1.....................  2.....................  Yes..................  3.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 4..................  2, 4..................  4....................  3, 4.
     stepchild, Illegitimate child
     of employee or illegitimate
     child of spouse.
    Ward..........................  No....................  1, 4, 5...............  2, 4, 5...............  4, 5.................  3, 4, 5.
    Pre-adoptive..................  No....................  1, 4, 6...............  2, 4, 6...............  4, 6.................  3, 4, 6.
    Foster Child..................  No....................  No....................  2, 4..................  2, 4.................  2, 3, 4.
Children, Unmarried, 21 Years and   No....................  1, 7..................  2, 7..................  7....................  3, 7.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 4..................  2, 4..................  4....................  3, 4.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis only if residing in a household on a military installation. Additional guidelines are contained
  in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. In cases where deviations are granted by the Secretary of a Military Department or the Commander of a Combatant Command permitting access to
  commissary and exchange to non-DoD Federal employees and employees of firms under contract to the U.S. Government, the installation commander shall
  establish procedures to verify status, maintain databases, and issue appropriate identification.
3. Yes, are entitled to limited exchange privileges, which include purchase of all items except articles of uniform and State tax-free items.
4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
7. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (6) DoD OCONUS hires are foreign nationals in host countries who 
are employed by U.S. forces, consistent with any agreement with the 
host country as defined in Volume 1231 of DoD Instruction 1400.25. They 
are entered into DEERS for the purposes of issuing a CAC and are not 
eligible for benefits as shown in Table 33 to part 161.

                                                   Table 33 to Part 161--Benefits for DoD OCONUS Hires
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (7) Uniformed and non-uniformed full-time paid personnel of the Red 
Cross assigned to duty with the uniformed services within the CONUS, 
Hawaii, Alaska, and Puerto Rico and their accompanying dependents, when 
required to reside in the same household on a military installation are 
eligible for benefits as shown in Table 34 to part 161.

  Table 34 to Part 161--Benefits for Full-Time Paid Personnel of the Red Cross Assigned to Duty With the Uniformed Services in CONUS, Hawaii, or Alaska
                                      and Required To Reside on a Military Installation and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  Yes...................  Yes..................  1.
Lawful Spouse.....................  No....................  No....................  Yes...................  Yes..................  1.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  2.....................  2....................  1, 2.
     stepchild, Illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  1, 2, 3.
Children, Unmarried, 21 Years and   No....................  No....................  4.....................  4....................  1, 4.
 Over.

[[Page 741]]

 
Father, Mother, Father-in-Law,      No....................  No....................  2.....................  2....................  1, 2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. If authorized by installation commander, entitled to exchange privileges.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (8) Uniformed and non-uniformed full-time paid personnel of the Red 
Cross assigned to duty with the uniformed services OCONUS and their 
accompanying dependents, when residing in the same household, are 
eligible for benefits as shown in Table 35 to part 161.

Table 35 to Part 161--Benefits for Full-Time Paid Personnel of the Red Cross Assigned to Duty With the Uniformed
                                   Services OCONUS and Accompanying Dependents
----------------------------------------------------------------------------------------------------------------
                                        CHC             DC               C              MWR              E
----------------------------------------------------------------------------------------------------------------
Self............................  No............  1.............  Yes...........  Yes...........  Yes.
Lawful Spouse...................  No............  1.............  Yes...........  Yes...........  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,          No............  1, 2..........  2.............  2.............  2.
     stepchild, Illegitimate
     child of employee or
     illegitimate child of
     spouse.
    Ward........................  No............  No............  2, 3..........  2, 3..........  2, 3.
Children, Unmarried, 21 Years     No............  1, 4..........  4.............  4.............  4.
 and Over.
Father, Mother, Father-in-Law,    No............  1, 2..........  2.............  2.............  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
----------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available basis at rates specified in uniformed services instructions. Additional guidelines
  are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the
  member as a result of a court of competent jurisdiction in the United States (or possession of the United
  States) for a period of at least 12 consecutive months.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher
  learning approved by the administering Secretary, and is dependent on the member for over 50 percent of the
  child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or
  occurred before the age of 23 while a full-time student, while a dependent of a member, and is dependent on
  the member for over 50 percent of the child's support.

    (9) Area executives, center directors, and assistant directors of 
the United Service Organizations (USO) serving OCONUS and their 
accompanying dependents when residing in the same household are 
eligible for benefits as shown in Table 36 to part 161.

   Table 36 to Part 161--Benefits for Area Executives, Center Directors, and Assistant Directors of the USO and Accompanying Dependents Serving OCONUS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   No....................  1, 4..................  4.....................  4....................  4.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 2..................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD
  Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if the child:

[[Page 742]]

 
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (10) USS personnel serving OCONUS and their accompanying 
dependents, when residing in the same household, are eligible for 
benefits as shown in Table 37 to part 161.

                               Table 37 to Part 161--Benefits for USS Personnel Serving OCONUS and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   No....................  1, 4..................  4.....................  4....................  4.
 Over.
Father, Mother, Father-in-Law,      No....................  1, 2..................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD
  Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (11) MSC civil service Marine personnel deployed OCONUS on MSC-
owned and operated vessels are eligible for benefits as shown in Table 
38 to part 161.

                           Table 38 to Part 161--Benefits for MSC Personnel Deployed OCONUS on MSC-Owned and Operated Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis.
2. Entitled to limited exchange privileges, which includes purchase of all items except distinctive uniform items and State tax-free items.

    (12) Ship's officers and members of the crews of NOAA vessels are 
eligible for benefits in accordance with 33 U.S.C. 3074 as shown in 
Table 39. Ship's officers are not commissioned officers, but civilian 
employees of NOAA.

                               Table 39 to Part 161--Benefits for Ship's Officers and Members of the Crews of NOAA Vessels
                                                              [NOAA Wage Mariner Employees]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1.....................  1....................  1.
     stepchild, Illegitimate child
     of employee, or Illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  1, 2..................  1, 2.................  1, 2.
    Pre-adoptive..................  No....................  No....................  1, 3..................  1, 3.................  1, 3.
    Foster Child..................  No....................  No....................  1.....................  1....................  1.
Children, Unmarried, 21 Years and   No....................  No....................  4.....................  4....................  4.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  1.....................  1....................  1.
 Mother-in-Law, Stepparent, or
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
  spouse (20-20-20 or 10-20-10).

[[Page 743]]

 
2. Yes if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
3. Yes if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
  Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
  the member.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (13) Officers and crews of vessels, lighthouse keepers, and depot 
keepers of the former Lighthouse Service are eligible for benefits as 
shown in Table 40 to part 161.

         Table 40 to Part 161--Benefits for Officers and Crews of Vessels, Lighthouse Keepers and Depot Keepers of the Former Lighthouse Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  Yes...................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (14) Presidential appointees who have been confirmed by the Senate 
(PASs), non-career and career SES employees, and SES equivalents of the 
DoD and the Military Services are eligible for benefits as shown in 
Table 41 to part 161.

                                               Table 41 to Part 161--Benefits for Presidential Appointees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
1. Designation for PASs and other designated civilian officials within the DoD and the Military Departments. This is a specific reimbursable care value
  at the interagency rate outside the National Capital Region.

    (15) Contract surgeons overseas during the period of their contract 
are eligible for benefits as shown in Table 42 to part 161.

                                              Table 42 to Part 161--Benefits for Contract Surgeons Overseas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  Yes..................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (16) State employees of the National Guard may be identified in 
DEERS for the purpose of issuing a CAC to access DoD networks. There 
are no benefits assigned and no dependent benefits are extended as 
shown in Table 43 to part 161.

                                                Table 43 to Part 161--Benefits for State Guard Employees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  161.21  Benefits for retired civilian personnel.

    (a) Retired DoD civilian employees. Retired appropriated and NAF 
employees of the DoD are eligible for benefits as shown in Table 44 to 
part 161.

                                            Table 44 to Part 161--Benefits for Retired DoD Civilian Employees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  1....................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of MWR
  facilities based on the discretion of the installation commander. The August 26, 2008, USD(P&R) Memorandum, ``Department of Defense Civilian Retiree
  Identification Cards'' authorized the issuance of a DoD ID card to this population.

[[Page 744]]

    (b) Retired NOAA Wage Mariner employees and their eligible 
dependents. Retired NOAA Wage Mariners (retired ship's officers and 
members of the crews of NOAA vessels) are eligible for benefits in 
accordance with 33 U.S.C. 3074 as shown in Table 45 to part 161.

                          Table 45 to Part 161--Benefits for Retired NOAA Wage Mariner Employees and Their Eligible Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  Yes...................  No...................  Yes.
Lawful Spouse.....................  No....................  No....................  Yes...................  No...................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1.....................  No...................  1.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member, whose paternity has
     been judicially determined.
    Ward..........................  No....................  No....................  1, 2..................  No...................  1, 2.
    Pre-adoptive Child............  No....................  No....................  1, 3..................  No...................  1, 3.
    Foster Child..................  No....................  No....................  1.....................  No...................  1.
Children, Unmarried, 21 Years and   No....................  No....................  1, 4..................  No...................  1, 4.
 Over.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
  Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
  the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
  for commissary privileges.
2. Yes, if, for determinations of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
  court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
3. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
  (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
  legal adoption by the member or former member.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the former member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
  support.

Sec.  161.22  Benefits for foreign affiliates.

    (a) Sponsored NATO and PFP personnel in the United States. Active 
duty officer and enlisted personnel of NATO and PFP countries serving 
in the United States under the sponsorship or invitation of the DoD or 
a Military Service and their accompanying dependents living in the 
sponsor's U.S. household are eligible for benefits as shown in Table 46 
to part 161.

                  Table 46 to Part 161--Benefits for Sponsored NATO and PFP Personnel and Accompanying Dependents in the United States
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  2.....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:.
    Legitimate, adopted, stepchild  2, 3..................  1, 3..................  3.....................  3....................  3.
     Illegitimate child of member,
     or Illegitimate child of
     spouse.
    Ward..........................  No....................  No....................  3, 4..................  3, 4.................  3, 4.
Children, Unmarried, 21 Years and   2, 3, 5...............  1, 3, 5...............  1, 5..................  1, 5.................  1, 5.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  3.....................  3....................  3.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate.
2. Yes, for outpatient care only.
3. Yes, if residing in the household of the foreign service member in the United States.
4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
5. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (b) Sponsored non-NATO personnel in the United States. Active duty 
officer and enlisted personnel of non-NATO countries serving in the 
United States under DoD or Service sponsorship or invitation and their 
dependents, living in the non-NATO personnel's U.S. household, are 
eligible for benefits as shown in Table 47 to part 161.

[[Page 745]]

                    Table 47 to Part 161--Benefits for Sponsored Non-NATO Personnel and Accompanying Dependents in the United States
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 3..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   No....................  1, 2, 4...............  2, 4..................  2, 4.................  2, 4.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, for outpatient care only on a reimbursable basis.
2. Yes, if residing in the household of the foreign service member in the United States.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (c) Non-sponsored NATO personnel in the United States. Active duty 
officer and enlisted personnel of NATO countries who, in connection 
with their official NATO duties, are stationed in the United States but 
are not under DoD or Service sponsorship and their accompanying 
dependents living in the non-sponsored NATO personnel's U.S. household 
are eligible for benefits as shown in Table 48 to part 161.

                Table 48 to Part 161--Benefits for Non-Sponsored NATO and PFP Personnel in the United States and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  No....................  Yes..................  Yes.
Lawful Spouse.....................  2.....................  1.....................  No....................  No...................  No.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            2, 3..................  1, 3..................  No....................  No...................  No.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  No....................  No...................  No.
Children, Unmarried, 21 Years and   2, 3, 4...............  1, 3, 4...............  No....................  No...................  No.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  No....................  No...................  No.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate.
2. Yes, for outpatient care only.
3. Yes, if residing in the household of the foreign service member in the United States.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.

    (d) NATO and non-NATO personnel OCONUS. Active duty officer and 
enlisted personnel of NATO and non-NATO countries serving OCONUS and 
outside their own country under DoD or Service sponsorship or 
invitation and their accompanying dependents living with the sponsor 
are eligible for benefits as shown in Table 49 to part 161. These 
benefits may be extended to this category of personnel not under DoD or 
Service sponsorship or invitation when it is determined by the major 
overseas commander that the granting of such privileges is in the best 
interests of the United States and such personnel are connected with, 
or their activities are related to, the performance of functions of the 
Service establishment.

                         Table 49 to Part 161--Benefits for NATO, PFP, and Non-NATO Personnel OCONUS and Accompanying Dependents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  Yes...................  Yes..................  Yes.
Lawful Spouse.....................  No....................  1.....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:.
    Legitimate, adopted,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.

[[Page 746]]

 
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   No....................  1, 2, 3...............  2, 4..................  2, 4.................  2, 4.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, for outpatient care only on a reimbursable basis.
2. Yes, if residing in the household of the foreign service member and dependent on over 50 percent support.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support

    (e) Korean Augmentation to the U.S. Army (KATUSA). Military service 
is mandatory for all Republic of Korea (ROK) male citizens. Those male 
citizens who speak English often become KATUSA serving with the U.S. 
Army forces in the ROK. This arrangement is provided for in the status 
of forces agreement between the United States and ROK. The KATUSAs are 
identified in DEERS for the purpose of issuing CACs for access to the 
U.S. installations in the ROK. No other benefits are provided as shown 
in Table 50 to part 161.

                                                        Table 50 to Part 161--Benefits for KATUSA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (f) Foreign national civilians. Civilian employees of a foreign 
government who are assigned a support role with the DoD or Military 
Services or attending school at one of the DoD or uniformed services 
advanced schools may be identified in DEERS for the purpose of issuing 
a CAC. The foreign national civilian must be sponsored by the DoD or a 
Military Service regardless of whether the foreign national civilian is 
from a NATO, PFP, or non-NATO country. There are no benefits assigned 
and no dependent benefits are extended as shown in Table 51 to part 
161.

                                              Table 51 to Part 161--Benefits for Foreign National Civilians
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (g) Foreign National Contractors. Contractor personnel, contracted 
to a foreign government, who are assigned a support role with the DoD 
or Military Services or as a representative of a foreign government at 
one of the DoD or uniformed services advanced schools may be identified 
in DEERS for the purpose of issuing a CAC for physical and logical 
access requirements. The foreign national contractor must be sponsored 
by the DoD or a Military Service regardless of whether the foreign 
national civilian is from a NATO, PFP, or a non-NATO country. There are 
no benefits assigned and no dependent benefits are extended as shown in 
Table 52 to part 161.

                                             Table 52 to Part 161--Benefits for Foreign National Contractors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  No....................  No....................  No...................  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (h) Personnel Covered by a Reciprocal Health Care Agreement (RHCA) 
in the United States. For countries that have bilateral RHCAs with the 
DoD, RHCAs provide that a limited number of foreign force members and 
their dependents in the United States may be provided inpatient medical 
care at MTFs on a space-available basis without cost (except for a 
subsistence charge, if it applies). Provision of such care is 
contingent on comparable care being made available to a comparable 
number of U.S. military personnel and their dependents in the foreign 
country. Benefits are provided as shown in Table 53 to part 161.

[[Page 747]]

        Table 53 to Part 161--Benefits for Foreign Force Members and Eligible Dependents Residing in the United States Who Are Covered by an RHCA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              CHC                     DC                       C                     MWR                     E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self..............................  No....................  1.....................  5.....................  6....................  7.
Lawful Spouse.....................  No....................  1.....................  5.....................  6....................  7.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  2, 3..................  2, 3.................  2, 3.
Children, Unmarried, 21 Years and   No....................  1, 2, 4...............  2, 4..................  2, 4.................  2, 4.
 Over.
Father, Mother, Father-in-Law,      No....................  No....................  2.....................  2....................  2.
 Mother-in-Law, Stepparent, or
 Parent by Adoption.
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Notes:
1. As determined by the appropriate RHCA.
2. Yes, if residing in the household of the foreign force member in the United States.
3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
  jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months.
4. Yes, if the child:
a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
  Secretary, and is dependent on the member for over 50 percent of the child's support; or
b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
  time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child's support.
5. Yes, if authorized by DoD Instruction 1330.17.
6. Yes, if authorized by DoD Instruction 1015.10.
7. Yes, if authorized by DoD Instruction 1330.21.

    Dated: December 19, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-30620 Filed 1-3-14; 8:45 am]
BILLING CODE 5001-06-P
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