Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 47515 

also include research and reference material 

in sufficient quantity to meet curriculum and 

program demands. Materials shall be, at a 

minimum, the required readings of the 

instructor(s) for a particular course or 

program, or the ability for the student to 

request a copy of such material, from the 

institution’s main library, without any 

inconvenience or charge to the student (e.g., 

a library computer terminal which may allow 

the student to order material and have it 

mailed to their residence). 

(6) Route locally generated publicity 

through the base ESO. 

(7) Permit employment of off-duty military 

personnel or Government civilian employees 

by the institution, provided such 

employment does not conflict with the 

policies set forth in DoD Regulation 5500.7– 

R, ‘‘Joint Ethics Regulation.’’ However, 

Government personnel employed in any way 

in the administration of this addendum will 

be excluded from such employment because 

of conflict of interest. 

3. Billing Procedures, Formal Grades, and 

Cancellation Provision. 

a. Invoices from institutions must be 

forwarded to: NETPDTC (Code N8115) 

Pensacola, FL 32509–5241 within 30 days of 

course completion. 

b. All invoices must have the student name 

(if more than one name, alphabetically by last 

name), social security number, course 

number and description, government cost for 

each course, and total amount of invoice. 

c. All invoices must have an invoice 

number and date. 

d. If the institution has any problems with 

the billing of an invoice, the institution must 

notify NETPDTC (Code N8115) Pensacola, FL 

32509–5241. 

e. Grade reports will be provided to 

NETPDTC (Code N8115) within 30 days of 

term ending date or completion of the course, 

whichever is earlier. 

f. Cancellation provision. This addendum 

may be cancelled by either the Marine Corps 

or Institution 30 days following the receipt of 

written notification from the cancelling 

party. 

Appendix E to Part 68—Addendum for 

Education Services Between [NAME OF 

EDUCATIONAL INSTITUTION] and 

the U.S. Navy 

1. Purpose. This addendum is between 

(Name of Educational Institution), hereafter 

referred to as the ‘‘Institution,’’ and the 

United States Navy. The purpose of this 

agreement is to provide guidelines and 

procedures for the delivery of educational 

services to active duty personnel, reservists, 

eligible retired military personnel, and the 

Department of Defense (DoD) employees, 

civilians, and the adult family members not 

covered in the DoD Voluntary Education 

Partnership Memorandum Understanding 

(MOU) between the DoD Office of the Under 

Secretary of Defense for Personnel and 

Readiness and the Institution. This 

addendum is not to be construed in any way 

as giving rise to a contractual obligation of 

the Department of the Navy to provide funds 

to the academic institution that would be 

contrary to Federal law. This agreement may 

be amended by the Navy because of changes 

in statute, executive order, Navy directive, or 

other federal, state, or local government 

requirement. Other proposed amendments 

shall be communicated in writing to the 

other party, and that party shall have 90 days 

to provide a written response, and such 

amendments will only be made upon mutual 

consent of the parties. This addendum does 

not extend to any third party contracts 

between the educational institution and other 

non-educational institutions. 

2. Responsibilities. 

a. Commanding Officer responsible for 

execution of the Voluntary Education 

program shall: 

(1) Be responsible for determining the local 

voluntary education program needs for the 

Navy population to be served and for 

recommending to the installation commander 

the educational programs to be offered on the 

base; 

(2) Administer this agreement and provide 

program management support; 

(3) Change Education Services Officer 

(ESO) to Navy College Office Staff; 

(4) Manage the Navy College program 

Distance Learning Partnership (NCPDLP) 

agreements. 

b. Navy ESO will: In support of this 

addendum, maintain a continuing liaison 

with the designated Institution representative 

and be responsible for inspections and the 

acceptance of the Institution’s services. The 

ESO will provide assistance to the Institution 

representative to provide military and Navy 

culture orientation to the Institution 

personnel. 

c. Institution will: 

(1) For distance learning partner 

institution, comply with NCPDLP 

agreements. 

(2) Appoint and designate an Institution 

Representative to maintain a continuing 

liaison with the Navy College Office Staff. 

(3) Comply with Wide Area Work Flow 

processes for invoicing of tuition assistance. 

(4) Provide a link to the academic 

institution through the Navy College Program 

Web Site, only if designated as NCPDLP 

school. 

(5) Display the academic institution’s 

advertising materials (i.e., pamphlets, 

posters, and brochures) at all Navy College 

Offices, only if designated as NCPDLP 

school. 

(6) Upon request of the Navy College 

Office, provide and arrange access to the 

library and other academic reference and 

research resources in print or on-line format 

that are appropriate or necessary to support 

the courses offered. In addition, these library 

resource arrangements will be in accordance 

with the standards of the institution’s 

accrediting association and the State 

Regulatory Agency having jurisdiction over 

the academic institution. 

(7) Respond to e-mail message from 

students within one workday. Ensure tollfree telephonic access to academic 

counseling. Such telephonic access shall be 

available both in the continental United 

States and overseas. 

(8) Comply with host command procedures 

before starting instructor-based courses on 

any Navy installation. The Navy College 

Office shall negotiate a separate agreement 

with the academic institution in concert with 

the host command procedures. 

(9) Mail an official transcript indicating 

degree completion, at no cost to the Sailor or 

the government to the following address: 

Navy College Center, VOLED DET N211, 

Center for Personal and Professional 

Development, 6490 Saufley Field Road, 

Pensacola, FL 32509–5204. 

d. Other responsibilities. Except as 

otherwise provided in the agreement, any 

dispute concerning an interpretation of, or a 

question of fact arising under this agreement 

which is not disposed of by mutual consent 

shall be decided by the Commanding Officer 

CPPD. This decision shall be in writing and 

constitute the final administrative 

determination. 

e. Cancellation provision. This addendum 

may be cancelled by either the Navy or 

Institution 30 days following the receipt of 

written notification from the cancelling 

party. 

Dated: July 26, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–19314 Filed 8–5–10; 8:45 am] 

BILLING CODE 5001–06–P 

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: Proposed rule. 

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. 

DATES: Comments must be received by 

October 5, 2010. 

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, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

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47516 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 

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: 

Chris Fagan at 703–696–0848. 

SUPPLEMENTARY INFORMATION: 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

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 this Executive Order. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

161 does not contain a Federal mandate 

that may result in expenditure by State, 

local and Tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

161 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

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. 

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 

proposed to be added to subchapter F to 

read as follows: 

SUBCHAPTER F—SECURITY 

PART 161—IDENTIFICATION (ID) CARDS 

FOR MEMBERS OF THE UNIFORMED 

SERVICES, THEIR DEPENDENTS, AND 

OTHER ELIGIBLE INDIVIDUALS 

Sec. 

161.1 Purpose. 

161.2 Applicability. 

161.3 Policy. 

161.4 Responsibilities. 

161.5 Procedures. 

Authority: 18 U.S.C. 499, 506, 509, 701, 

1001. 

PART 161—IDENTIFICATION (ID) 

CARDS FOR MEMBERS OF THE 

UNIFORMED SERVICES, THEIR 

DEPENDENTS, AND OTHER ELIGIBLE 

INDIVIDUALS 

§ 161.1 Purpose. 

This part 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. 

§ 161.2 Applicability. 

This part applies to: 

(a) 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, under 

agreement with the Department of 

Health and Human Services, and the 

National Oceanic and Atmospheric 

Administration, under agreement with 

the Department of Commerce. 

§ 161.3 Policy. 

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. 

§ 161.4 Responsibilities. 

(a) The USD(P&R) shall: 

(1) Establish minimum acceptable 

criteria for establishment and 

confirmation of personal identity, policy 

for the issuance of the DoD enterprise 

personnel identity credentials, and 

approval of additional systems under 

the Personnel Identity Protection (PIP) 

Program in accordance with DoDD 

1000.25, ‘‘DoD Personnel Identity 

Protection (PIP) Program’’ (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

100025p.pdf). 

(2) Act as the Principal Staff Assistant 

(PSA) for the Defense Enrollment 

Eligibility Reporting System (DEERS), 

the Real-Time Automated Personnel 

Identification System (RAPIDS), and the 

Personnel Identity Protection (PIP) 

Program in accordance with DoDD 

1000.25. 

(3) Maintain the DEERS data system 

in support of the Department of Defense 

and applicable legislation and 

directives. 

(4) 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. 

(5) In coordination with the Under 

Secretary of Defense for Intelligence 

(USD(I)), Assistant Secretary of Defense 

for Networks and Information 

Integration/DoD Chief Information 

Officer (ASD(NII)/DoD CIO), and the 

Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

(USD(AT&L)), establish policy and 

oversight for common access card (CAC) 

life-cycle compliance with Federal 

Information Processing Standards (FIPS) 

Publication 201–1, ‘‘Personal Identity 

Verification (PIV) of Federal Employees 

and Contractors’’ (http://csrc.nist.gov/ 

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Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 47517 

publications/fips/fips201-1/FIPS-201-1- 

chng1.pdf). 

(b) The Assistant Secretary of Defense 

for Health Affairs (ASD(HA)), under the 

authority, direction, and control of the 

USD(P&R), shall develop overall policy 

and establish procedures for providing 

medical care through the Military 

Health System to authorized 

beneficiaries and eliminate fraud, waste, 

and abuse in the provision of medical 

benefits. 

(c) 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 impact benefits, 

entitlements, identity, and ID cards. 

(d) The Deputy Under Secretary of 

Defense for Military Community and 

Family Policy (DUSD(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 morale, 

welfare, and recreation; commissaries; 

exchanges; lodging; children and youth; 

DoD schools; family support; voluntary 

and post-secondary education; and 

other military community and family 

benefits that impact identity and ID 

cards. 

(e) The Director, Defense Human 

Resources Activity, under the authority, 

direction, and control of the USD(P&R), 

shall, in accordance with DoDD 

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 

Deputy Under Secretary of Defense for 

Personnel and Readiness, the ASD(HA), 

and the ASD(RA) on changes to 

enrollment and eligibility policy and 

procedures pertaining to personnel, 

medical, and dental issues that impact 

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 population 

categories and administer pilot 

programs to determine the suitable form 

of ID card for newly identified 

populations. 

(f) The USD(AT&L) shall: 

(1) Issue regulatory coverage for CAC 

and Homeland Security Presidential 

Directive 12, ‘‘Policy for a Common 

Identification Standard for Federal 

Employees and Contractors’’ (see http:// 

www.cac.mil/assets/pdfs/HSPD_12.pdf) 

for contracts. 

(2) Communicate Homeland Security 

Presidential Directive 12 requirements 

to the DoD acquisition community. 

(3) Ensure that the requirement for 

contractors to return CACs at the 

completion or termination of each 

individual’s support on a specific 

contract is included in all applicable 

contracts. 

(g) The USD(I) shall: 

(1) Establish policy for the use of ID 

cards for physical access purposes in 

accordance with DoD 5200.08–R. 

(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 in accordance with 

DoD 5200.2–R. 

(h) The ASD(NII)/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 FIPS Publication 201– 

1. 

(2) Provide guidance to DoD 

information systems administrators 

regarding use of non-DoD identification 

credentials, including the Federal PIV 

cards, for authenticating to DoD network 

accounts and DoD private Web sites. 

(3) Ensure that the DoD public key 

infrastructure conforms to all applicable 

FIPS to the greatest extent possible. 

(i) The Assistant Secretary of Defense 

for Homeland Defense and Americas’ 

Security Affairs (ASD(HD&ASA)), under 

the authority, direction, and control of 

the Under Secretary for Policy (USD(P)), 

shall facilitate force protection activities 

with the law enforcement community. 

(j) The Heads of the DoD Components, 

the Director, USPHS, and the Director, 

NOAA shall: 

(1) Develop and implement 

Component-level procedures for DoD 

directed policies or legislative 

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 part. 

(3) Ensure all DoD employees, 

Military Service members, and all other 

eligible CAC applicants, to include 

contract support and other affiliate CAC 

applicants, have met the background 

investigation requirements in paragraph 

(b)(3) of this section 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 checkin and check-out process for collection 

of the CAC for all categories of DoD 

personnel 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 DoD 5400.11–R, 

‘‘Department of Defense Privacy 

Program’’ (see http://www.dtic.mil/whs/ 

directives/corres/pdf/540011r.pdf) and 

DoD 5200.1–R, ‘‘Information Security 

Program’’ (see http://www.dtic.mil/whs/ 

directives/corres/pdf/520001r.pdf). 

These cards 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 ID card issuing operations, 

as well as reliable telecommunications 

to and from the Defense Information 

Systems Agency managed Non-Secure 

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 maintained by DMDC. 

(8) In accordance with FIPS 

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 DoD Component-specific 

CAC personal identification number 

(PIN) reset workstations. 

(10) To the maximum extent possible, 

and in accordance with DoD 

Components’ designated approving 

authority guidelines, ensure networked 

workstations are properly configured 

and available for CAC holders to use the 

User Maintenance Portal-Post Issuance 

Portal service. 

(11) Oversee supervision of Contractor 

Verification System trusted agents (TAs) 

and trusted agent security managers and 

ensure the number of contractors 

overseen by any TA is manageable. 

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47518 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 

§ 161.5 Procedures. 

(a) ID cards. (1) DoD ID cards shall 

serve as the Geneva Convention Card for 

eligible personnel in accordance with 

DoDI 1000.1, ‘‘Identity Cards Required 

by the Geneva Conventions’’ (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

100001p.pdf). 

(2) DoD ID cards shall be issued 

through a secure and authoritative 

process to ensure that access to DoD 

physical and logical assets is granted 

based on authenticated and secure 

identity information in accordance with 

DoDD 1000.25. 

(3) The CAC, a form of DoD ID card, 

shall serve as the Federal PIV card for 

DoD implementation of Homeland 

Security Presidential Directive 12. 

(4) 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 FIPS Publication 201–1 

and Homeland Security Presidential 

Directive 12. 

(b) ID card life cycle. The 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 (b)(1) through (7) of this 

section represent the baseline 

requirements for the ID card life cycle. 

The specific procedures and sequence of 

order for these items will vary based on 

the applicant’s employment status or 

affiliation with the Department of 

Defense 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 Department of 

Defense 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 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 the required background 

investigation stipulated in Federal 

Information Processing Standards 

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 DoD 5200.2– 

R. 

(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 

Department of Defense. RAPIDS shall 

also capture uniquely 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 

Department of Defense 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, for CAC, the 

PKI certificates on the CAC shall be 

revoked. 

(c) Guidelines and restrictions. The 

guidelines and restrictions in this 

paragraph (c) 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 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. Photocopying of DoD ID 

cards to facilitate medical care 

processing, check cashing, voting, tax 

matters, the Servicemember’s Civil 

Relief Act, or administering other 

military-related benefits to eligible 

beneficiaries are examples of authorized 

photocopying. When possible, the ID 

card will be electronically authenticated 

in lieu of photographing the card. 

(2) Treaties, status-of-forces 

agreements (SOFAs), or military base 

agreements in overseas areas may place 

limitations on the logistical support that 

otherwise might be available to eligible 

personnel. SOFAs with foreign 

countries may limit the use of 

commissary or exchange facilities to 

persons who are stationed or performing 

temporary duty with the host nation 

under official orders in support of the 

mutual defense mission. ID cards shall 

not be issued for the sole purpose of 

implementing restrictions under SOFAs. 

ID cards shall be issued in accordance 

with this part and the uniformed 

services shall use other means, such as 

ration cards, to implement restrictions 

under SOFAs as required. 

(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 Department of Defense, or 

upon any other event in which the 

individual no longer requires the use of 

such ID card. 

(4) ID cards that are expired, 

invalidated, stolen, lost, or otherwise 

suspected of potential or actual 

unauthorized use shall have the status 

of the cards revoked in DEERS and, for 

CACs, have the PKI certificates 

immediately revoked to prevent any 

unauthorized use. 

(5) There are instances where 

graphical representations of ID cards are 

necessary to facilitate the DoD mission. 

When used and/or 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 Department 

of Defense 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. 

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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 prior to release of 

the CAC 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. 

(d) CAC migration to Federal PIV 

requirements. The Department of 

Defense is currently migrating the CAC 

to meet the Federal requirements for 

credentialing contained within FIPS 

Publication 201–1 and Homeland 

Security Presidential Directive 12. 

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 

following organizations will support the 

migration in conjunction with the 

responsibilities listed in § 161.3: 

(1) The 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 (OUSD(P)), 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 by OUSD(P) according to 

DoDD 5230.20 (see http://www.dtic.mil/ 

whs/directives/corres/pdf/523020p.pdf). 

(iii) In accordance with DoD Directive 

5400.11, 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, in accordance with DoD 

5400.11–R, 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’’ (see http://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 minutia 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 shall: 

(i) Establish biometric standards for 

the collection, storage, capture, and 

subsequent transmittal of biometric 

information in accordance with DoDD 

8521.01E, ‘‘Department of Defense 

Biometrics’’ (see http://www.dtic.mil/ 

whs/directives/corres/pdf/852101p.pdf). 

(ii) In coordination with the Offices of 

the USD(P&R) and USD(I) and the DoD 

Components, establish capability for 

biometric capture and enrollment 

operations to support CAC issuance in 

accordance with DoD 5400.11–R and 

National Institute of Standards and 

Technology Special Publication 800– 

76–1. 

(3) The Identity Protection and 

Management Senior Coordinating Group 

shall: 

(i) Monitor the CAC and identity 

management related activities outlined 

within this part in accordance with 

DoDD 1000.25. 

(ii) Maintain a configuration 

management process for the CAC and its 

related components to monitor DoD 

compliance with FIPS Publication 201– 

1. 

Dated: July 26, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–19315 Filed 8–5–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2010–HA–0033] 

RIN 0720–AB44 

TRICARE: Unfortunate Sequelae From 

Noncovered Services in a Military 

Treatment Facility 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

publishing this proposed rule to allow 

coverage for otherwise covered services 

and supplies required in the treatment 

of complications (unfortunate sequelae) 

resulting from a noncovered incident of 

treatment provided in a Military 

Treatment Facility (MTF), when the 

initial noncovered service has been 

authorized by the MTF Commander and 

the MTF is unable to provide the 

necessary treatment of the 

complications. This proposed rule is 

necessary to protect TRICARE 

beneficiaries from incurring financial 

hardships due to the current regulatory 

restrictions that prohibit TRICARE 

coverage of treatment of the 

complications resulting from 

noncovered medical procedures, even 

when those procedures were conducted 

in a Department of Defense facility. 

DATES: Comments received at the 

address indicated below by October 5, 

2010 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by either of the following 

methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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: 

Rene ́ Morrell, Medical Benefits and 

Reimbursement Branch, TRICARE 

Management Activity, (303) 676–3618. 

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