11172 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

1Secretary of Defense Memorandum, ‘‘Extending 

Benefits to Same-Sex Spouses of Military 

Members,’’ available upon email request to: 

dodhra.mc-alex.dmdc.mbx.dod-id-card-policy@

mail.mil. 

§ 1614.407 Civil action: Title VII, Age 

Discrimination in Employment Act, 

Rehabilitation Act, Genetic Information 

Nondiscrimination Act, and Pregnant 

Workers Fairness Act. 

A complainant who has filed an 

individual complaint, an agent who has 

filed a class complaint or a claimant 

who has filed a claim for individual 

relief pursuant to a class complaint is 

authorized under title VII, the ADEA, 

the Rehabilitation Act, Genetic 

Information Nondiscrimination Act, and 

the Pregnant Workers Fairness Act to 

file a civil action in an appropriate 

United States District Court: 

* * * * * 

■ 29. Section § 1614.503(g) is revised to 

read as follows: 

§ 1614.503 Enforcement of final 

Commission decisions. 

* * * * * 

(g) Notification to complainant of 

completion of administrative efforts. 

Where the Commission has determined 

that an agency is not complying with a 

prior decision, or where an agency has 

failed or refused to submit any required 

report of compliance, the Commission 

shall notify the complainant of the right 

to file a civil action for enforcement of 

the decision pursuant to Title VII, the 

ADEA, the Equal Pay Act, the 

Rehabilitation Act, the Genetic 

Information Nondiscrimination Act, or 

the Pregnant Workers Fairness Act and 

to seek judicial review of the agency’s 

refusal to implement the ordered relief 

pursuant to the Administrative 

Procedure Act, 5 U.S.C. 701 et seq., and 

the mandamus statute, 28 U.S.C. 1361, 

or to commence de novo proceedings 

pursuant to the appropriate statutes. 

■ 30. Section § 1614.702(j) is revised to 

read as follows: 

§ 1614.702 Definitions. 

* * * * * 

(j) The term basis of alleged 

discrimination refers to the individual’s 

protected status (i.e., race; color; 

religion; reprisal; sex; national origin; 

Equal Pay Act; age; disability; genetic 

information; or pregnancy, childbirth, or 

related medical conditions). Only those 

bases protected by Title VII of the Civil 

Rights Act of 1964, as amended, 42 

U.S.C. 2000e et seq., the Equal Pay Act 

of 1963, 29 U.S.C. 206(d), the Age 

Discrimination in Employment Act of 

1967, as amended, 29 U.S.C. 621 et seq., 

the Rehabilitation Act of 1973, as 

amended, 29 U.S.C. 791 et seq., the 

Genetic Information Nondiscrimination 

Act, 42 U.S.C. 2000ff et seq., and the 

Pregnant Workers Fairness Act, 42 

U.S.C. 2000gg et seq., are covered by the 

Federal EEO process. 

* * * * * 

PART 1626—PROCEDURES—AGE 

DISCRIMINATION IN EMPLOYMENT 

ACT 

■ 31. The authority citation for part 

1626 continues to read as follows: 

Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 

628; sec. 2, Reorg. Plan No. 1 of 1978, 3 CFR, 

1978 Comp., p. 321. 

■ 32. Section 1626.17(a)(2) is revised to 

read as follows: 

§ 1626.17 Notice of dismissal or 

termination. 

(a) * * * 

(2) Where the charge has been filed 

under the ADEA and title VII, the 

Americans with Disabilities Act (ADA), 

the Genetic Information 

Nondiscrimination Act (GINA), or the 

Pregnant Workers Fairness Act (PWFA), 

the Commission will issue a Notice of 

Dismissal or Termination under the 

ADEA at the same time it issues the 

Notice of Right to Sue under title VII, 

the ADA, GINA, or the PWFA, in 

accordance with 29 CFR 1601.28. 

* * * * * 

[FR Doc. 2024–02764 Filed 2–13–24; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 161 

[Docket ID: DOD–2015–OS–0069] 

RIN 0790–AJ37 

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 

(OUSD(P&R)), Department of Defense 

(DoD). 

ACTION: Final rule. 

SUMMARY: DoD is finalizing eligibility 

requirements for ID cards issued to 

uniformed service members, their 

dependents, and other DoD individuals. 

These cards are used for proof of 

identity, DoD affiliation, and to facilitate 

accessing DoD benefits. This rule 

includes documentation requirements to 

address the modification of gender in a 

record consistent with the requirements 

of Executive Orders ‘‘Preventing and 

Combating Discrimination on the Basis 

of Gender Identity or Sexual 

Orientation,’’ and ‘‘Enabling All 

Qualified Americans To Serve Their 

Country In Uniform.’’ The rule also 

updates the CFR to match the revised 

contents of various internal DoD policy 

issuances and National Institute of 

Standards and Technology (NIST) 

Federal Information Processing 

Standards (FIPS). 

DATES: This rule is effective on March 

15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Eves at 571–372–1956; email: 

robert.c.eves.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

Authority 

Authorities for this rule include 5 

United States Code (U.S.C.) 5703 and 10 

U.S.C. 1044a, 1061–1064, 1072–1074, 

1074a–1074c, 1076, 1076a, 1077, 1095 

(k) (2), 1408(H), and chapter 1223. 

These authorities provide members of 

the Uniformed Services (active duty, 

Reserve, or retired members) and their 

spouses and dependents certain benefits 

and privileges. Title 18 U.S.C. 499, 506, 

509, 701, and 1001 address penalties, 

fines and imprisonment for 

unauthorized reproduction of ID cards. 

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. 

Background 

On January 6, 2014, the DoD 

published an interim final rule (79 FR 

708–747) on the policies and procedures 

for issuing DoD ID cards based on a 

proposed rule which published on 

August 6, 2010 (75 FR 47515–47519) 

and received no public comment. In 

addition, because of the June 26, 2013, 

U.S. Supreme Court decision that held 

section 3 of the Defense of Marriage Act 

unconstitutional, the rule also extended 

benefits to same sex spouses of 

Uniformed Service members and DoD 

civilians. As a result of 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.’’ 1


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The Department now construes the 

words ‘‘spouse’’ and ‘‘marriage’’ to 

include same-sex spouses and 

marriages, eliminating the need for the 

proposed addition of same sex partners 

to the larger population of individuals 

who could receive ID cards. Five 

comments were received on the 2014 

interim final rule. 

A second interim final rule was 

published on October 27, 2016 (81 FR 

74874–74916) amending the rule 

published on January 6, 2014. In the 

second rule, DoD amended its ID card 

policy to include documentation needed 

for the modification of gender in a 

record for retirees and family members. 

The second rule also made changes 

due to revisions of several internal DoD 

policy issuances and NIST FIPS. These 

revisions included. 

• Aligning policy for the 

implementation of Homeland Security 

Presidential Directive (HSPD) 12 within 

DoD with the most current version of 

FIPS 201–3, ‘‘Personal Identity 

Verification (PIV) of Federal Employees 

and Contractors’’ (available at https://

dx.doi.org/10.6028/NIST.FIPS.201-3). 

• Aligning the benefits for 

commissary, exchange, and morale, 

welfare, and recreation (MWR) with the 

current versions of the following: 

1. DoD Instruction 1015.10, ‘‘Military 

Morale, Welfare, and Recreation (MWR) 

Programs’’ (available at https://

www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

101510p.pdf), 

2. DoD Instruction 1330.17, ‘‘Armed 

Services Commissary Operations’’ 

(available at https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/ 

dodi/133017p.pdf), and 

3. DoD Instruction 1330.21, ‘‘Armed 

Services Exchange Regulations’’ 

(available at https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/ 

dodi/133021p.pdf). 

• Providing procedures and defined 

acceptable documentation for 

enrollment and eligibility verification, 

as necessary, for DoD ID card issuance 

as described in DoD Manual 1000.13 

Volume 3, which will be published and 

made available at https://

www.esd.whs.mil/Directives/issuances/ 

dodm/. This manual will identify: 

1. The eligibility documentation 

requirements for all DoD ID card eligible 

populations, and 

2. Documentation requirements for 

the correction of Defense Enrollment 

Eligibility Reporting System (DEERS) 

records, to include changing one’s 

gender marker as reflected in DEERS. 

Thirty comments were received on 

the second interim final rule. This final 

rule responds to all comments received 

on both interim final rules. Responses 

are as follows. 

Comment: One commenter applauded 

the Department’s willingness to 

implement changes to DoD 

identification cards so promptly 

following the Supreme Court’s decision 

in United States v. Windsor. 

Response: DoD appreciates the 

comment. 

Comment: One commenter urged the 

Department to expand its definition of 

‘‘child’’ at 32 CFR 161.3 to include a 

child of a parent standing in loco 

parentis, where in loco parentis means 

a parent with day-to-day responsibilities 

to care for and financially support a 

child, but without a legal or biological 

relationship to the child. The 

commenter argued that including in 

loco parentis language within the 

definition of ‘‘child’’ would ensure 

children of all Lesbian, Gay, Bisexual, 

Transgender, and Queer (LGBTQ) 

parents can access dependent benefits, 

even in states where the LGBTQ parent 

and child cannot create a legally 

recognized relationship. The commenter 

proposed draft language to that effect. 

Response: Because DoD’s definition of 

‘‘child’’ reflects the definition provided 

by 10 U.S.C. 1072, DoD declines to 

adopt the suggestion. 

Comment: One commenter argued 

that the interim final rule issued by the 

DoD regarding spousal identification 

cards ignored the authority of states to 

define and regulate marriage. 

Specifically, by determining the marital 

status of service members based on the 

laws of the place a marriage took place 

(‘‘state of celebration’’) rather than the 

laws of service members’ legal residency 

(‘‘state of domicile’’) (§ 161.3 

Definitions; p.713), the commenter 

noted that DoD created a situation in 

which certain same-sex couples would 

be deemed ‘‘married’’ for some federal 

purposes but unmarried under state law 

(if they are domiciled in one of thirtythree states that do not recognize such 

unions). The commenter argued that 

this approach effectively imposed a new 

federal definition of marriage on the 

super-majority of states, undermining 

state laws on marriage and violating the 

principles of Executive Order 13132, 

‘‘Federalism’’ (64 FR 43255; Aug. 4, 

1999). That Executive order requires any 

Federal agency considering a regulation 

with considerable impact on the policy 

making authority of the states to 

consider the constitutional relationship 

between levels of government and to 

defer to the powers reserved to the 

states and the people. The commenter 

urged DoD to revise its final rule to 

connect determinations of marital status 

to the laws of a service member’s state 

of domicile. 

Response: Subsequent to the U.S. 

Supreme Court decision in United 

States v. Windsor, 133 S. Ct. 2675 

(2013), which the commenter cited, the 

U.S. Supreme Court issued another 

decision on June 26, 2015, Obergefell v. 

Hodges, 135 S. Ct. 2584 (2015), which 

held that States must license and 

recognize marriages between two people 

of the same sex on the same terms and 

conditions as marriages between two 

people of the opposite sex. Thus, all 

states are required to license a marriage 

between two people of the same sex and 

to recognize a marriage between two 

people of the same sex when their 

marriage was lawfully licensed and 

performed out-of-State. The definition 

of spouse as it appears in this rule 

complies with current law and will not 

be revised. 

Comment: One commenter addressed 

the following seven aspects of the 

proposed interim final rule: 

1. The definition of the United States 

did not include American Samoa, 

American Formosa, the U.S. Virgin 

Islands, the Commonwealth of the 

Northern Marianas, or the Compact 

territories for which the United States 

has defense duties (Palau, Marshall 

Islands, Micronesia) and the treaty 

territories for which the United States 

has defense duties (Tuvalu, Kiribati, 

Tokelau, Banaba) 

2. ‘‘Married’’ was not defined, nor was 

‘‘marriage’’. 

3. ‘‘Gender’’ was not defined, and the 

commenter believed that the phrase 

‘‘regardless of gender’’ could refer to 

gender as conventionally understood, 

being a reciprocating legal fact under 

state common law. Also, the commenter 

argued that ‘‘bona fide’’ should be 

added before legally married to make 

clear that the jurisdictional 

requirements for a legal marriage need 

to be satisfied before one could meet 

that definition. 

4. State was not defined to include 

American Samoa, American Formosa, 

the U.S. Virgin Islands, the 

Commonwealth of the Northern 

Marianas, or the Compact territories for 

which the United States has defense 

duties (Palau, Marshall Islands, 

Micronesia) and the treaty territories for 

which the United States has defense 

duties (Tuvalu, Kiribati, Tokelau, 

Banaba). 

5. State in the definition of ‘‘Spouse’’ 

excluded foreign territory, which the 

commenter argued was done without 

rational basis. 

6. The rule had significant federalism 

implications beyond those necessitated 

by United States v. Windsor. 


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7. The definitions of unmarried did 

not include never married. 

Response: Responses to each 

individual point above follow: 

1. The definition of U.S. territories 

and possessions found in 8 U.S.C. 

1101(a)(38) (https://uscode.house.gov/ 

view.xhtml?req=granuleid:U.S.C.- 

prelim-title8-section1101&num=

0&edition=prelim), and this rule 

includes Puerto Rico, American Samoa, 

Guam, the Commonwealth of the 

Northern Mariana Islands, and the U.S. 

Virgin Islands. It does not include 

independent countries or nations, nor 

territories of other countries. 

2. The definitions of ‘‘married’’ and 

‘‘marriage’’ are defined in a standard 

dictionary; DoD does not view it as 

necessary to adopt definitions of these 

words in this rule. 

3. DoD included the phrase 

‘‘regardless of gender’’ in the definition 

of spouse to reflect the Supreme Court’s 

decisions in United States v. Windsor 

and Obergefell v. Hodges. This ensured 

that the same benefits are available to all 

spouses, regardless of whether they are 

in same-sex or opposite-sex marriages. 

DoD recognizes all marriages that are 

valid in the place of celebration. 

Documentation requirements necessary 

to enroll a spouse in DEERS identified 

in § 161.23(b)(2) of Subpart D provide 

jurisdictional certification of a legal 

marriage, making it unnecessary to 

modify legally married with ‘‘bona 

fide.’’ 

4. DoD used the definition of State 

found in 10 U.S.C. 10001, which 

includes the District of Columbia, the 

Commonwealth of Puerto Rico, the 

Virgin Islands, and Guam. 

5. ‘‘State of residence’’ as used in the 

context of DoD’s definition of 

‘‘spouse’’—‘‘A person legally married to 

a current, former, or retired uniformed 

service member, eligible civilian 

employee, or other eligible individual in 

accordance with subpart C of this part, 

regardless of gender or State of 

residence,’’ ensures that DoD recognizes 

all marriages that are valid in the place 

of celebration. This precludes denying 

DEERS enrollment of a spouse based on 

current residency, to include residents 

of foreign territories and countries, 

when the location where the spouse 

resides does not recognize a legal 

marriage from another jurisdiction. 

6. The Supreme Court decision in 

Obergefell v. Hodges of June 26, 2015, 

requires all States to license a marriage 

between two people of the same sex and 

to recognize a marriage between two 

people of the same sex when their 

marriage was lawfully licensed and 

performed out-of-State. 

7. For the purpose of extending 

benefits to widows, widowers, and 

former spouses of sponsors, the 

Department relies on its definitions of 

‘‘unremarried’’ and ‘‘unmarried.’’ The 

Department does not need to include 

‘‘never married’’ in its definitions as an 

individual who has never been married 

to a sponsor would not be eligible for a 

DoD ID card or benefits. 

Comment: One commenter urged DoD 

to identify DoD military and civilian 

law enforcement personnel as law 

enforcement officers on their DoD 

issued ID cards, which it contended was 

required by the law enforcement 

officer’s safety act. 

Response: The military ID cards 

issued by the Department to service 

members comply with requirements 

established by Federal Law, the Geneva 

Conventions, and HSPD–12/Federal 

Information Processing Standards (FIPS) 

Publication (Pub) 201–3. Displaying an 

individual’s law enforcement status on 

a DoD issued ID Card is not supported 

by the information currently retained in 

the Defense Enrollment Eligibility 

Reporting System database. Compliance 

with the Law Enforcement Officers 

Safety Act is addressed by DoD 

Instruction 5525.12, ‘‘Implementation of 

the Amended Law Enforcement Officers 

Safety Act of 2004 (LEOSA),’’ (available 

at: https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

552512p.pdf, which requires that a 

qualified law enforcement officer or 

qualified retired law enforcement officer 

carry photographic identification issued 

by the DoD Component for which the 

individual is employed or from which 

the individual separated from service as 

a law enforcement officer. 

Comment: One commenter urged DoD 

to ensure consistent definitions are 

being used across all ID card parts and 

subparts. 

Response: Consistent with that 

comment, DoD deleted the definition of 

‘‘Foreign national civilians and 

contractors’’ in the rule; the existing 

definition of ‘‘Foreign affiliate’’ will 

suffice. 

Comment: One comment noted that 

the rule uses ‘‘in the United States’’ and 

‘‘outside the United States’’ and not 

CONUS, OCONUS, asking whether such 

usage should be incorporated into the 

interim final rule. 

Response: DoD changed references 

from ‘‘CONUS’’ to ‘‘United States and 

U.S. territories and possessions’’ in: (1) 

§ 161.7(d)(1)(ii) of Subpart B; (2) 

Appendix 1 to § 161.7 of Subpart B 

paragraphs (d)(2)(i) and (vi); and (3) 

paragraph (c)(2) of Appendix 2 to 

§ 161.7 of Subpart B. Paragraphs (d)(2)(i) 

and (vi) of Appendix 1 to § 161.7 of 

Subpart B have been deleted in response 

to a subsequent public comment and the 

remaining paragraphs have been 

renumbered. Deletion of paragraph 

(d)(2)(vi) requires deletion of § 161.20 

Benefits for civilian personnel Table 35 

to Subpart C of Part 161. 

Comment: One comment urged DOD 

to ensure the updated rule removed all 

references to Form I–9. 

Response: The Department replaced 

the Form I–9 List of Acceptable 

Documents with the FIPS 201–3 list of 

primary and secondary identity 

documents for the purposes of identity 

vetting for ID card issuance in the 

amended interim final version of this 

rule. That version did not replace all 

references to the Form I–9. DoD has 

revised Table 36 to Subpart D of Part 

161 and Table 37 to Subpart D of Part 

161, replacing ‘‘U.S. Citizenship and 

Immigration Services Form I–9, (Lists of 

Acceptable Documents)’’ with ‘‘Federal 

Information Processing Standards (FIPS) 

Publication (Pub) 201–3, Personal 

Identity Verification (PIV) of Federal 

Employees and Contractors, Identity 

Proofing and Registration Requirements 

primary and secondary identity source 

documentation.’’ 

Comment: One comment asked DoD 

to clarify whether foreign born 

individuals should be allowed to use an 

ID card issued by their Federal, state, or 

local government. 

Response: DoD believes that such an 

ID card may be used as secondary 

identification and accordingly inserted 

in § 161.7(d)(1)(ii) of Subpart B the 

following sentence: ‘‘A foreign 

government issued ID with photograph 

may be used as a secondary identity 

document for ID card issuance.’’ 

Comment: One comment said that 

section 161.7(e)(2)(ii)(B) does not read 

well and suggested changing the 

language to ‘‘issued to the dependents of 

retired Service members who are either 

75 years of age . . .’’ 

Response: DoD changed 

§ 161.7(e)(2)(ii)(B) to read ‘‘issued to the 

dependents of retired Service members 

who are either 65 years of age . . .,’’ 

which implements a recently approved 

policy change to the age at which DoD 

will issue an indefinite ID to the 

dependents of retirees. 

Comment: One comment asked 

whether expired DoD ID cards are 

allowable forms of ID for ID card 

renewal and urged DoD to accept them. 

Response: DoD revised § 161.7(e)(3) of 

Subpart B to add ‘‘An expired DoD ID 

card is an acceptable secondary form of 

ID for non- Common Access Card (CAC) 

ID card renewal or reissuance if identity 

document verification is required’’ 


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following the first sentence in the 

paragraph. 

Comment: One comment asked DoD 

to clarify what happens if biometric 

information cannot be verified for ID 

card renewal. 

Response: DoD added the following 

sentence to the end of § 161.7(e)(3) of 

Subpart 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 

subpart.’’ 

Comment: One comment urged DoD 

to consider allowing civilians to retain 

their card when transferring from one 

agency to another to ensure 

optimization and cost savings. 

Response: DoD agrees with this 

suggestion. To make this clear, DoD 

added, ‘‘with exception of transferring 

DoD civilian employees’’ to the end of 

the first sentence of § 161.7(g)(2) of 

Subpart B. DoD also added the 

following immediately after the 

amended first sentence in paragraph 

161.7(g)(2): ‘‘Civilian employees 

transferring from one DoD Component 

to another as civilian employees (e.g., 

Army civilian to Air Force civilian) will 

be permitted to retain their CAC during 

their transition for up to 30 days in 

accordance with DoD Chief Information 

Officer and Acting USD(P&R) joint 

memorandum, ‘‘Common Access Card 

Retention for Department of Defense 

Civilian Employees when Transferring 

Between Department of Defense 

Components.’’ 

Comment: One comment asked 

whether there is any difference between 

non-DoD federal employees and nonDoD government agency civilians and, if 

there is, for any additional requirements 

for non-DoD civilian personnel to be 

minimized. 

Response: There is no difference 

between non-DoD Federal employees 

and non-DoD government agency 

civilians. To eliminate confusion, DoD 

changed all references to ‘‘non-DoD 

Federal employees’’ in Subparts C and 

D to read ‘‘Non-DoD Government 

Agency Civilian Personnel.’’ DoD has 

also revised paragraph (c)(2)(ii)(A)(3) of 

Appendix 1 to § 161.7, replacing ‘‘NonDoD Federal employees’’ with ‘‘NonDoD Government Agency Civilian 

Personnel’’ in the first sentence. The 

second sentence requiring DoD 

components to obtain Defense Human 

Resources Activity approval prior to 

sponsorship of Non-DoD Government 

Agency Civilian Personnel remains a 

necessary requirement. 

Comment: One comment noted that 

the interim final rule stated, 

‘‘Individuals who have a established 

relationship between the U.S. 

Government and a State, a local 

government, or other recipient as 

specified in sections 6303, 6304, and 

6305 of title 31, U.S.C.’’ and suggested 

that it should say ‘‘an established’’ 

instead. 

Response: DoD replaced ‘‘a’’ with 

‘‘an’’ prior to ‘‘established’’ in paragraph 

(c)(2)(ii)(D)(3) of Appendix 1 to § 161.7 

of Subpart B. 

Comment: One comment asked 

whether, in Subpart C, Table 30, 

civilians residing on an installation 

should receive an ID and privilege card 

if there are no benefits printed on the 

card. 

Response: Civilian personnel residing 

on an installation in the United States 

eligible for the benefits identified in 

Table 30 to Subpart C of Part 161 will 

only receive an Identification card. 

Table 30 is correct as written, but DoD 

removed paragraph (d)(2)(i) of 

Appendix 1 to § 161.7, which stated: 

‘‘DoD and uniformed services civilian 

employees (both appropriated and nonappropriated) when required to reside 

in a household on a military installation 

within the CONUS, Hawaii, Alaska, 

Puerto Rico, and Guam.’’ DoD has 

redesignated the remaining paragraphs 

in the final rule. 

Comment: Noting a reference to 

overstamps in the interim final rule, one 

commenter asked whether DoD 

continues to issue ID cards with 

overstamps. 

Response: DoD no longer issues ID 

cards with overstamps, so it removed 

‘‘(with a ‘‘TA’’ overstamp)’’ from 

paragraph (l)(2)(iii) of Appendix 1 to 

§ 161.7 of Subpart B. 

Comment: One commenter asked 

whether only former spouses who 

qualify as DoD beneficiaries receive a 

DD Form 2765 or other DoD 

beneficiaries do as well. 

Response: Because other beneficiaries 

also receive a DD Form 2765, DoD 

revised paragraph (l)(2)(vi) of Appendix 

1 to § 161.7 of Subpart B from ‘‘Former 

spouse (that qualify as a DoD 

beneficiary)’’ to ‘‘DoD beneficiaries 

(eligible former spouses, widows, 

widowers, and abused dependents).’’ 

Comment: One comment asked DoD 

to clarify whether any striping is used 

on the CAC besides blue for foreign 

national and green for contractor. The 

commenter remembered a red stripe 

being used for first responders and 

asked whether it was still in use. 

Response: FIPS 201–3 requires white 

striping for government employees, blue 

for foreign nationals, and green for 

contractors for the background color 

behind the name on the PIV. FIPS 201– 

3 provides for identification of an 

emergency response official through the 

use of an optional footer on the face of 

the PIV. Previous versions of paragraph 

(b) of Appendix 2 to § 161.7 reflected 

the reservation of the red stripe for 

emergency response officials, but also 

indicated a red stripe would be used to 

denote non-U.S. personnel, just as a 

blue stripe does. To align DoD policy 

with FIPS 201–3, DoD removed 

paragraph (b)(2) of Appendix 2 to 

§ 161.7. Paragraph (b)(1) has been redesignated as the second sentence of 

paragraph (b) introductory text. 

Comment: The United Service 

Organizations, Inc. (‘‘USO’’) submitted 

several comments concerning proposed 

changes to 32 CFR part 161 as follows. 

First, the USO recommended changing 

the title of Table 37 to Subpart C of Part 

161 from ‘‘Benefits for Full-Time Paid 

Personnel of the USO and 

Accompanying Dependents Serving 

Outside the United States’’ to ‘‘Benefits 

for Paid Personnel of the USO and 

Accompanying Dependents Serving 

Outside the United States’’ (striking 

‘‘Full-Time’’) because the USO employs 

several part-time employees, 

particularly in the European and Pacific 

Areas of operation, and the current 

wording excludes those individuals 

from receiving the proper credentials. 

Second, the USO recommended 

changing the title of Table 25 to Subpart 

D of Part 161 from ‘‘Eligibility 

Documentation Required for USO Area 

Executives, Center Directors, and 

Assistant Directors and Accompanying 

Dependents’’ to ‘‘Eligibility 

Documentation Required for Paid 

Personnel of the USO and 

Accompanying Dependents’’ because 

the current wording is obsolete and does 

not reflect titles or positions used by the 

USO. 

Response: DoD chose to retain the 

‘‘full-time’’ requirement in paragraph 

(l)(2)(vii)(B) of Appendix 1 to § 161.7 of 

Subpart B, § 161.23(g)(4) of Subpart D, 

and Table 25 to Subpart D of Part 161 

since benefits are not provided to parttime employees of the USO. But DoD 

agrees with the USO’s second comment 

about obsolete wording and has 

corrected the instance in Subpart D 

cited in the comment, as well as one 

additional instance of this outdated 

wording. Specifically, DoD revised 

paragraph (l)(2)(vii)(B) of Appendix 1 to 

§ 161.7 of Subpart B from ‘‘Area 

executives, center directors, and 

assistant directors of the United Service 

Organization, when serving in foreign 

countries.’’ to ‘‘Full-time paid personnel 

of the United Service Organization, 

when serving in foreign countries;’’ 

§ 161.23(g)(4) of Subpart D from ‘‘USO 

area executives, center directors, and 


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assistant directors serving outside the 

United States and outside U.S. 

territories and possessions and 

accompanying dependents, must have 

eligibility verified by documentation 

shown in Table 25 to this subpart’’ to 

‘‘Full-time paid personnel of the USO 

serving outside the United States and 

outside U.S. territories and possessions 

and accompanying dependents must 

have eligibility verified by 

documentation shown in Table 25 to 

this subpart’’ and Table 25 to Subpart D 

of Part 161 from ‘‘Eligibility 

Documentation Required for USO Area 

Executives, Center Directors, and 

Assistant Directors and Accompanying 

Dependents’’ to ‘‘Eligibility 

Documentation Required for full-time 

paid personnel of the USO and 

Accompanying Dependents.’’ 

Comment: Another commenter asked 

whether the rule applied only to area 

directors and asked DoD to ensure that 

the final rule accurately reflects USO 

personnel titles and categories. 

Response: See previous comment. 

Comment: One comment asked DoD 

to ensure the consistent use of ‘‘spouse’’ 

throughout the tables in Subpart C. 

Response: DoD changed ‘‘Lawful 

spouse’’ to ‘‘Spouse’’ in 21 tables in 

Subpart C. 

Comment: Another comment asked 

DoD to ensure that dependency (50% 

support) is used consistently throughout 

Subpart C. 

Response: DoD added the 50% 

support requirement to pre-adoptive 

child for commissary, exchange, and 

MWR in Tables 2, 5, 6, and 12 through 

20 to Subpart C of Part 161. 

Comment: One comment asked 

whether the phrase ‘‘including orphans’’ 

should be used in Subpart C, Tables 16– 

20. 

Response: A surviving dependent 

child’s eligibility for benefits is 

determined by their relationship to, and 

the support being provided by, the 

sponsor at the time of the sponsor’s 

death. A child’s status as an orphan has 

no bearing on their benefit eligibility. 

The phrase ‘‘including orphans’’ is 

inaccurate and is not supported by Title 

10 U.S.C. or DoD policy. DoD removed 

‘‘(Including Orphans)’’ from Tables 16 

through 19 to Subpart C of Part 161. 

Table 20 to Subpart C of Part 161 does 

not contain that terminology. 

Comment: One comment asked DoD 

to remove ‘‘or members who died while 

in a retired with pay status’’ from 

§ 161.17(a) ‘‘Surviving dependents of 

active duty deceased members’’ of 

Subpart C. 

Response: DoD agrees that the phrase 

‘‘or members who died while in a 

retired with pay status,’’ which was 

found in § 161.17(a) of Subpart C, is not 

applicable to active duty deceased 

members, and removed it. 

Comment: One comment disagreed 

with the choice of words ‘‘whose death 

is unrelated to their military service’’ in 

§ 161.17(d) and Table 19 to Subpart C of 

part 161. The commenter noted that it 

is not an official term and arguably blurs 

the line between reportable status and a 

line of duty determination. According to 

the commenter, the dependents of a 

soldier who dies in a reportable status, 

even if not in the line of duty, would 

retain eligibility for a tan teslin ID for 

the purpose of TRICARE, commissary, 

Post Exchange (PX), and MWR. But 

dependents of soldiers who died in a 

non-reportable status and previously 

had to turn in their pink teslin ID cards, 

regardless of the line of duty 

determination, would now be able to 

keep the same privileges they had when 

their Reserve/Guard soldier was alive: 

PX, Commissary, and MWR only. 

Response: DoD agrees with this 

comment and changed § 161.17(d) of 

Subpart C and Table 19 to Subpart C of 

Part 161 from ‘‘whose death is unrelated 

to his/her service’’ to ‘‘who died in a 

non-reportable status’’ to clarify that 

line of duty is not relevant to the 

determination. 

Comment: One comment suggested 

that in Subpart C, Table 20, Widow or 

Widower, DoD should change the DC 

note from 2, 3 to 2, 4. 

Response: No change is required as 

Table 20 to Subpart C of Part 161 of the 

amended interim final rule has ‘‘2, 4’’ in 

the DC column. 

Comment: One comment opined that 

the medical benefits for ‘‘Parent, Parentin-law’’ in Subpart C, Table 20 are 

incorrect and asked DoD to ensure that 

all tables have notes for the appropriate 

beneficiary. 

Response: DoD changed note 1 of 

Table 5 to Subpart C of Part 161 to read 

‘‘the eligibility for CHC and DC for 

eligible dependents begins on the same 

day the sponsor becomes eligible for 

active duty benefits’’ rather than ‘‘the 

eligibility for CHC and DC for eligible 

dependents begins on the first day of the 

active duty period.’’ DoD also made the 

following changes to Tables: 

Table 13 to Subpart C of Part 161— 

Notes for children missing from rule 

text published in Federal Register but 

included in this version. 

Table 15 to Subpart C of Part 161— 

DoD added note 2, 3 for Commissary, 

MWR and Exchange to children over 21. 

Table 20 to Subpart C of Part 161— 

DoD changed note 4 to 3 for children 

commissary. 

Table 31 to Subpart C of Part 161— 

DoD changed note 5 to read 

‘‘individual’’ rather than ‘‘child’’. 

Table 32 to Subpart C of Part 161— 

DoD amended note 6 to include ‘‘and 

dependent on an authorized sponsor for 

over 50 percent of the child’s support’’. 

Table 33 to Subpart C of Part 161— 

DoD amended note 7 to include ‘‘and 

dependent on an authorized sponsor for 

over 50 percent of the child’s support’’. 

Table 35 to Subpart C of Part 161— 

DoD added Foster Child with MWR and 

Exchange benefits with note 3 for MWR 

and Notes 1, 3 for Exchange. 

Table 36 to Subpart C of Part 161— 

DoD added pre-adoptive child with 

notes 1, 6 for direct care and note 6 for 

Commissary, Exchange, and MWR. Add 

note 6 with language for pre-adoptive 

child and renumber remaining notes 

and table. 

Table 36 to Subpart C of Part 161— 

DoD added medical for Ward with 

notes, 1, 5. 

Comment: One comment asked 

whether, in Subpart C, Table 22, preadoptive children should be receiving 

benefits for abused dependents. 

Response: DoD retained ‘‘preadoptive’’ in Table 22 and added ‘‘preadoptive’’ to Table 23 to Subpart C of 

Part 161. Pursuant to 10 U.S.C. 1059, 

dependent children residing with the 

member at the time of the dependent 

abuse are eligible for transitional 

compensation, to include pre-adoptive 

children. 

Comment: One comment urged DoD 

to ensure all titles in Subpart C, Table 

31, are accurate. 

Response: In Table 31 to Subpart C of 

Part 161, DoD added ‘‘or Employed’’ 

after ‘‘Stationed,’’ and DoD renamed 

Table 32 to Subpart C of Part 161, from 

‘‘Benefits For Non-DoD Government 

Agencies Civilian Personnel Stationed 

or Employed Outside the United States 

and Outside U.S. Territories and 

Possessions and Accompanying 

Dependents’’ to ‘‘Benefits For Non-DoD 

Government Agency Civilian Personnel 

Stationed or Employed Outside the 

United States and Outside U.S. 

Territories and Possessions and 

Accompanying Dependents.’’ In Table 

32 to Subpart C of Part 161, DoD revised 

the row from ‘‘Non-DoD Civilian 

Personnel’’ to ‘‘Non-DoD Government 

Agency Civilian Personnel’’ and revised 

the row in Table 33 to Subpart C of Part 

161 from ‘‘Non-DoD Civilian employee’’ 

to ‘‘Non-DoD Government Agency 

Civilian Personnel’’ for the sake of 

clarity. 

Comment: One comment suggested 

that DoD delete the phrase ‘‘local hire’’ 

in Subpart C, Table 31 Note 3, because 


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it is not applicable. A U.S. citizen 

assigned overseas cannot be a local hire. 

Response: DoD agrees and amended 

the Tables as follows: In Table 31 to 

Subpart C of Part 161, DoD amended 

note 3 to remove ‘‘(not a local hire).’’ 

In Table 32 to Subpart C of Part 161, 

DoD amended note 2 to remove 

‘‘excluding local hires.’’ 

In Table 33 to Subpart C of Part 161, 

DoD amended note 2 to remove 

‘‘excluding local hires.’’ 

In Table 36 to Subpart C of Part 161, 

DoD amended note 2 to remove, ‘‘(not 

a local hire).’’ 

In Table 37 to Subpart C of Part 161, 

DoD amended note 2 to remove, ‘‘(not 

a local hire).’’ 

Comment: DoD received a question 

about whether, in Subpart D, Table 11, 

there are other means to report the death 

of an individual besides a death 

certificate. 

Response: To answer this question, 

DoD added the DD Form 1300, ‘‘Report 

of Casualty,’’ as an option to report a 

sponsor’s death to Table 11 to Subpart 

D of Part 161. 

Comment: One commenter asked 

whether, in Subpart D, Table 17, a 

notice of eligibility should be an 

acceptable eligibility document for a 

sponsor. 

Response: DoD removed notice of 

eligibility (NOE) from Table 17 to 

Subpart D of Part 161, and the Table 

Notes. 

Comment: One comment supported 

DoD revising its ID policies to allow 

transgender civilians to change their 

gender record in DEERS. The 

commenter noted that the new 

provision would be similar to numerous 

existing federal and state policies for 

updating official records and 

identification documents, help protect 

individuals’ privacy, and avoid 

unnecessary confusion, embarrassment, 

and harassment that can be caused 

when an individual’s record does not 

match their gender identity and the way 

they live their everyday life. The 

commenter recommended three 

revisions to Table 33 to clarify and 

simplify the process: (1) replace the 

term ‘‘appropriate clinical treatment’’ 

with ‘‘gender identity’’ to clarify the 

standard for health care provider 

certifications; (2) accept certifications 

from the full range of licensed health 

care providers who are qualified to 

assess and provide treatment to meet the 

World Professional Association for 

Transgender Health’s Standards of Care; 

and (3) omit the requirement for an 

applicant seeking to update gender 

identity to justify submission of a 

healthcare provider certification instead 

of a court order or updated legal 

document reflecting gender identity. 

Response: DoD appreciates this 

comment. DoD did not explain its 

requirement for a justification statement 

when submitting a health care provider 

letter as the alternative to any of the 

three primary documentation options to 

support a gender marker change for 

retirees, dependents, and contractors in 

the 2016 interim rule. The intent was to 

mitigate the difference with other 

Departmental policy issuances 

addressing gender transition which did 

not provide an alternative to the three 

primary documentation options: a State 

birth certificate reflecting the preferred 

gender; a certified true copy of a court 

order reflecting the preferred gender; or 

a United States passport reflecting the 

preferred gender. The Department has 

reviewed the requirement for the health 

care provider letter with justification 

statement alternative, as well as whether 

retention or revision of the requirement 

to provide documentation to support a 

gender marker change request, 

specifically submission of one of the 

three primary documentation options or 

the health care provider letter 

alternative, is compatible with 

Executive Orders 13988, ‘‘Preventing 

and Combating Discrimination on the 

Basis of Gender Identity or Sexual 

Orientation,’’ and 14004, ‘‘Enabling All 

Qualified Americans To Serve Their 

Country In Uniform,’’ and the purpose 

of DEERS. That review included Federal 

Agencies’ responses to the intent of 

Executive Order 13988, noting that 

among others, the Department of State 

permits an individual to self-select the 

gender marker to be printed on their 

passport, and the Social Security 

Administration permits an individual to 

self-select their sex on their Social 

Security number (SSN) record. The 

Department respects an individual’s 

right to self-assert their gender identity 

and is replacing the documentation 

requirements in Subpart D to support a 

retiree’s, dependent’s, or contractor’s 

request to update their gender marker in 

their DEERS record with a written 

statement signed by the individual 

indicating their preferred gender 

identity. Section 161.23(k) and Table 33 

have been revised to reflect this change, 

eliminating the need to address the 

commenter’s specific recommendations 

concerning the health care provider 

letter. Executive Order 14004 concerns 

service in the Armed Forces of the 

United States and is not applicable to 

the gender marker change process in 

subpart D, which only applies to 

retirees, dependents, and contractor 

employees. 

Comment: One civilian commenter 

wrote in to support the addition of a 

rule handling transgender service 

members’ and veterans’ ability to 

change their gender marker on military 

or veteran ID and other documents, as 

a means of accessing appropriate other 

IDs (State, local, and Federal in the case 

of passports and U.S. Citizenship and 

Immigration Services documents), being 

recognized as the appropriate gender in 

daily life and on record, and 

demonstrating that the military supports 

its transgender troops and veterans 

fully. The commenter said that surgery, 

hormones, or other medical 

interventions may not be available or 

applicable to every transgender person, 

and DoD should not require genital 

surgery for an ID change. The 

commenter also said that most 

transgender people, including those 

who do plan on genital or other surgery, 

need to change their ID documents 

much earlier than surgery can be 

accomplished (medical clearance, 

health insurance pre-approval, and 

money issues being what they are.) 

Allowing them to change their ID 

documents as soon as is practical is, 

again, an act of kindness, justice, and 

fundamental respect. 

Response: DoD maintains an 

individual’s preferred gender identity 

(gender marker) in their DEERS record 

but does not print the preferred gender 

identity (gender marker) on any ID card 

it issues. Section 161.23(k) and Table 33 

to Subpart D of Part 161 support the 

ability of retirees, dependents, and 

contractors to change their preferred 

gender identity. A separate DoD policy 

issuance, DoD Instruction 1300.28, InService Transition for Transgender 

Service Members (https://

www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

130028p.pdf?ver=7d9-DSsprss7NwgJFSmDw%3d%3d), supports the 

process by which Service members may 

change their gender marker (preferred 

gender identity) in their DEERS record. 

DoD Instruction 1336.01, Certificate of 

Uniformed Service (DD Form 214/5 

Series) (https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/ 

dodi/ 

133601p.pdf?ver=5GyE0Rw0EgwwsXAP

Ze1tzA%3d%3d), provides the process 

for an individual to correct information 

entered on their DD Form 214, 

Certificate of Release or Discharge From 

Active Duty. Section 161.23(k) and 

Table 33 to Subpart D of Part 161 have 

been revised to allow retiree, 

dependent, or contractor to submit a 

written statement identifying their 

preferred gender identity. All other 


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documentation requirements have been 

removed. DoD policy and processes are 

not applicable to ID credentials and 

documents issued by the Department of 

Veterans’ Affairs. 

Expected Impact of the Final Rule 

DoD issues approximately four and 

one-half million ID cards each year to 

uniformed service members, civilian 

employees, contractors, foreign 

nationals, and, where applicable, family 

members. The Department estimates the 

ID cards issued to same-sex spouses 

represent less than one percent of the 

total ID cards issued in a year. The 

gender marker changes that have been 

made in DEERS due to changes in 

gender represent less than .002 percent 

of the total population. 

This final rule benefits the 

Department and the public by 

strengthening the identity proofing 

requirements for ID card issuance. FIPS 

PUB 201–3 mandates changes to the 

acceptable forms of identification for the 

PIV identity proofing and registration 

requirements, providing lists of 

acceptable primary and secondary 

identity source documents. These 

revisions ensure DoD policy is 

compliant with the current Federal 

standard for identity proofing and 

registration requirements, the required 

identity source documents are provided 

by the ID card applicant during the 

actual ID card issuance process, and the 

individual receiving an ID card has 

verified his or her identity. 

The rule also benefits members of the 

public by ensuring those eligible for 

DoD benefits will be issued an ID card 

in a timely manner. It also eliminates 

confusion for those seeking enrollment 

and benefit eligibility about the 

documentation requirements necessary 

to update a record to reflect an 

individual’s personal information. 

Finally, the incorporation of the 

revised Commissary, Exchange, and 

Morale, Welfare and Recreation policy 

issuances provide additional clarity 

concerning who is eligible to receive 

their respective benefits and the 

circumstances under which they are 

eligible for those benefits. The revisions 

to the benefits tables in Subpart C 

capture the changes to the updated 

benefits policy issuances and correct 

previously identified discrepancies, 

ensuring that those who are eligible for 

these benefits are provided timely 

access to those benefits. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been determined to be a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094, although not 

significant under section 3(f)(1) of 

Executive Order 12866. 

Congressional Review Act (5 U.S.C. 801, 

et seq.) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each house of the 

Congress and to the Comptroller General 

of the United States. DoD will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States. However, this rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Title 2 U.S.C. Ch. 25, ‘‘Unfunded 

Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. This rule will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Ch. 6) 

The Under Secretary of Defense for 

Personnel and Readiness certified that 

this final rule is not subject to the 

Regulatory Flexibility Act because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require us to 

prepare a regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule imposes requirements under 

the Paperwork Reduction Act of 1995 

which are approved by the Office of 

Management and Budget (OMB) and 

assigned OMB Control Number 0704– 

0415, ‘‘Application for Department of 

Defense Common Access Card—DEERS 

Enrollment.’’ This information 

collection is used to validate eligibility 

for all individuals applying for DoD 

benefits and privileges which include 

but are not limited to, medical coverage, 

DoD identification cards, access to DoD 

installations, buildings or facilities, and 

access to DoD computer systems and 

networks. The Department did not 

receive any comments associated with 

this collection and does not believe the 

changes finalized in this rule will 

require any changes to the cost or 

burden currently associated with this 

information collection. Additional 

information regarding this collection of 

information—including all current 

background materials—can be found at 

https://www.reginfo.gov/public/do/ 

PRAMain by using the search function 

to enter either the tile of the collection 

or the OMB Control Number. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a final 

rule that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

This final rule will not have a 

substantial effect on State and local 

governments. 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a final 

rule that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or effects the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. This rule 

will not have a substantial effect on 

Indian tribal governments. 

List of Subjects in 32 CFR Part 161 

Administrative practice and 

procedure, Armed forces, Military 

personnel, National defense, Privacy, 

Security measures. 


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Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11179 

Accordingly, the interim final rule 

that published at 79 FR 708–747 on 

January 6, 2014, and the interim final 

rule that published at 81 FR 74874– 

74916 on October 27, 2016, are adopted 

as a final rule with the following 

changes made in response to public 

comments received: 

PART 161—IDENTIFICATION (ID) 

CARDS FOR MEMBERS OF THE 

UNIFORMED SERVICES, THEIR 

DEPENDENTS, AND OTHER ELIGIBLE 

INDIVIDUALS 

■ 1. The authority citation for 32 CFR 

part 161 is revised to read as follows: 

Authority: 5 U.S.C. 5703, 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; 10 U.S.C. 1408(h), 10 

U.S.C. 1044a, 10 U.S.C. chapter 1223. 

§ 161.3 [Amended] 

■ 2. Amend § 161.3 by: 

■ a. Deleting the duplicate definition of 

‘‘Foreign affiliate.’’ 

■ b. Removing ‘‘official visit,’’ before the 

word ‘‘assignment’’ in the definition of 

‘‘Foreign affiliate’’ and 

■ c. Deleting the definition of ‘‘Foreign 

national civilians and contractors.’’ 

§ 161.4 [Amended] 

■ 3. Amend § 161.4 by: 

■ a. In paragraph (e): 

■ i. Removing the words ‘‘FIPS 

Publication 201–2’’ and adding in its 

place the words ‘‘FIPS Publication 201– 

3’’ and 

■ ii. Removing the words ‘‘(available at 

https://dx.doi.org/10.6028/ 

NIST.FIPS.201-2)’’ and adding in its 

place the words ‘‘(available at https://

dx.doi.org/10.6028/NIST.FIPS.201-3)’’. 

§ 161.5 [Amended] 

■ 4. Amend § 161.5 by: 

■ a. In paragraphs (a)(7) and (a)(8), 

removing the words ‘‘FIPS Publication 

201–2’’ and adding in its place the 

words ‘‘FIPS Publication 201–3’’. 

§ 161.6 [Amended] 

■ 5. Amend § 161.6 by removing the 

words ‘‘FIPS Publication 201–2’’ and 

adding in its place the words ‘‘FIPS 

Publication 201–3’’ everywhere they 

occur. 

■ 6. Amend § 161.7 by: 

■ a. Removing the words ‘‘FIPS 

Publication 201–2’’ and adding in its 

place the words ‘‘FIPS Publication 201– 

3’’ everywhere they occur. 

■ b. In paragraph (d)(1)(ii): 

■ i. Removing the words ‘‘continental 

United States (CONUS)’’ and adding in 

its place the words ‘‘United States and 

U.S. territories and possessions’’ and by 

removing the word ‘‘CONUS’’ and 

adding in its place the words ‘‘United 

States and U.S. territories and 

possessions’’ and 

■ ii. Adding the sentence ‘‘A foreign 

government issued ID with photograph 

may be used as a secondary document 

for ID card issuance.’’, following the 

sixth sentence. 

■ c. In paragraph (e)(2)(ii)(B), removing 

the words ‘‘a dependent of retired 

Service members who are either 75 

years of age’’ and adding in its place the 

words ‘‘the dependents of retired 

Service members who are either 65 

years of age’’. 

■ d. Revising paragraph (e)(3) 

introductory text; and 

■ e. Revising paragraph (g)(2). 

The revisions read as follows: 

§ 161.7 ID card life-cycle procedures. 

* * * * * 

(e) * * * 

(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. An 

expired DoD ID card is an acceptable 

secondary form of ID for non-CAC ID 

card renewal or reissuance if identity 

document verification is required. 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. 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 subpart. 

* * * * * 

(g) * * * 

(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 with the 

exception of transferring DoD civilian 

employees. Civilian employees 

transferring from one DoD Component 

to another as civilian employees (e.g., 

Army civilian to Air Force civilian) will 

be permitted to retain their CAC during 

their transition for up to 30 days in 

accordance with the DoD CIO and 

USD(P&R) joint memorandum, 

‘‘Common Access Card Retention for 

Department of Defense Civilian 

Employees when Transferring Between 

Department of Defense Components.’’ 

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. * * * 

■ 7. Amend Appendix 1 to § 161.7 by: 

■ a. Revising paragraph (c)(2)(ii)(A)(3), 

■ b. Revising paragraphs (d)(2)(i) 

through (d)(2)(vii), 

■ c. Removing paragraph (d)(2)(viii), 

■ d. Revising paragraphs (l)(2)(iii), 

(l)(2)(vi), and (l)(2)(vii)(B); and 

■ e. Revising paragraph (m)(1). 

The revisions read as follows: 

Appendix 1 to § 161.7—ID Card 

Descriptions and Population Eligibility 

Categories 

* * * * * 

(c) * * * 

(ii) * * * 

(2) * * * 

(A) * * * 

(3) Non-DoD Government Agency Civilian 

Personnel that are working in support of DoD 

but do not possess a Federal PIV card that is 

accepted by the sponsoring DoD Component. 

* * * 

* * * * * 

(d) * * * 

(2) * * * 

(i) DoD and uniformed services civilian 

employees when stationed or employed and 

residing in foreign countries for a period of 

at least 365 days. 

(ii) DoD contractors when stationed or 

employed and residing in foreign countries 

for a period of at least 365 days. 

(iii) DoD Presidential appointees who have 

been appointed with the advice and consent 

of the Senate. 

(iv) 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. 

(v) Uniformed and non-uniformed full-time 

paid personnel of the Red Cross assigned to 

duty with the uniformed services within the 

United States and U.S. territories and 

possessions, when required to reside in a 

household on a military installation. 

(vi) Uniformed and non-uniformed, fulltime, paid personnel of the Red Cross 

assigned to duty with the uniformed services 

in foreign countries. 


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(vii) Foreign military who meet the 

eligibility requirement of paragraph (a)(2) of 

§ 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 § 161.7 shall 

be issued a DD Form 2765 as described in 

paragraph (l) of this appendix. 

* * * * * 

(l) * * * 

(2) * * * 

(iii) Members eligible for transitional 

health care (THC). These individuals shall be 

eligible for DD Form 2765 showing 

expiration date for each benefit, as shown on 

the reverse of the card. 

* * * * * 

(vi) DoD beneficiaries (eligible former 

spouses, widows, widowers, and abused 

dependents) 

(vii) * * * 

(B) Full-time paid personnel of the United 

Service Organization, when serving in 

foreign countries. 

* * * * * 

(m) * * * 

(1) Description. This ID shall only be used 

to establish DoD civilian retiree identity and 

previous affiliation with the DoD. 

* * * * * 

■ 8. Amend Appendix 2 to § 161.7 by: 

■ a. Revising paragraph (b) introductory 

text and 

■ b. In paragraph (c)(2), removing the 

word ‘‘CONUS’’ and adding the words 

‘‘the United States and U.S. territories 

and possessions’’ in its place. 

The revisions read as follows: 

Appendix 2 to § 161.7—Topology 

Specifications 

* * * * * 

(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. 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. 

* * * * * 

■ 9. Amend § 161.10 by revising Table 

2 to Subpart C of Part 161 to read as 

follows: 

§ 161.10 Benefits for active duty members 

of the uniformed services. 

* * * * * 

TABLE 2 TO SUBPART C OF 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, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

Yes ............... Yes ............... 1 ................... 1 ................... 1. 

Ward ..................................................................................... 3 ................... 3 ................... 3 ................... 3 ................... 3. 

Pre-adoptive Child ................................................................ 4 ................... 4 ................... 1, 4 ............... 1, 4 ............... 1, 4. 

Foster Child .......................................................................... No ................ No ................ 1 ................... 1 ................... 1. 

Children, Unmarried, 21 Years and Over ................................... 5 ................... 5 ................... 6 ................... 6 ................... 6. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 2 ................... 2 ................... 2 ................... 2. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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. 

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 and is dependent on the member for over 50 percent of the child’s 

support. 

■ 10. Amend § 161.11 by revising Table 

5 to Subpart C of Part 161 to read as 

follows: 

§ 161.11 Benefits for National Guard and 

Reserve members of the uniformed 

services. 

* * * * * 

TABLE 5 TO SUBPART C OF 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, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 1 ................... 2 ................... 2 ................... 2. 

Ward ..................................................................................... 1, 4 ............... 1, 4 ............... 4 ................... 4 ................... 4. 


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TABLE 5 TO SUBPART C OF PART 161—BENEFITS FOR DEPENDENTS OF NATIONAL GUARD OR RESERVE MEMBERS— 

Continued 

CHC DC C MWR E 

Pre-adoptive Child ................................................................ 1, 5 ............... 1, 5 ............... 2, 5 ............... 2, 5 ............... 2, 5. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, 21 Years and Over ................................... 1, 6 ............... 1, 6 ............... 7 ................... 7 ................... 7. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 1, 3 ............... 3 ................... 3 ................... 3. 

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 same day the sponsor becomes eligible for active duty benefits. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support. 

3. Yes, if dependent on an authorized sponsor for over 50 percent support of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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. 

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 and is dependent on the member for over 50 percent of the child’s 

support. 

* * * * * ■ 11. Amend § 161.12 by revising Table 

6 to Subpart C of Part 161 to read as 

follows: 

§ 161.12 Benefits for former uniformed 

services members. 

* * * * * 

TABLE 6 TO SUBPART C OF PART 161—BENEFITS FOR FORMER MEMBERS AND DEPENDENTS

CHC DC C MWR E 

Former Member (Self) ................................................................. 1 ................... 1 ................... Yes ............... Yes ............... Yes. 

Spouse ........................................................................................ 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

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.

1 ................... 2 ................... 3 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 3, 6 ............... 3, 6 ............... 3, 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 2, 4 ............... 4 ................... 4 ................... 4. 

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 dependent on an authorized sponsor for over 50 percent of the child’s support. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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. 

8. Yes, if the child: 


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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 and is dependent on the former member for over 50 percent of the 

child’s support. 

* * * * * ■ 12. Amend § 161.13 by revising Table 

12 to Subpart C of Part 161 to read as 

follows: 

§ 161.13 Benefits for retired members of 

the uniformed services. 

* * * * * 

TABLE 12 TO SUBPART C OF PART 161—BENEFITS FOR DEPENDENTS OF RETIRED UNIFORMED SERVICES MEMBERS

CHC DC C MWR E 

Spouse ........................................................................................ 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

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.

1 ................... 2 ................... 3 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 3, 6 ............... 3, 6 ............... 3, 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 2, 4 ............... 4 ................... 4 ................... 4. 

Notes: 

1. Yes, if the sponsor is: 

a. Retired (as shown in Tables 7 and 8 to this subpart) 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 to this subpart). 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 of this subpart. 

2. Yes, if the sponsor is: 

a. Retired (as shown in Tables 7 and 8 to this subpart); 

b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10 to this subpart). 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 to this subpart. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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. 

8. 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 retired member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the retired member for over 50 percent of 

child’s support. 

■ 13. Amend § 161.14 by revising Table 

13 to Subpart C of Part 161 to read as 

follows: 

§ 161.14 Benefits for MOH recipients. 

* * * * * 

TABLE 13 TO SUBPART C OF PART 161—BENEFITS FOR MOH RECIPIENTS AND DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Spouse ........................................................................................ 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

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.

1 ................... 2 ................... 3 ................... 3 ................... 3. 


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TABLE 13 TO SUBPART C OF PART 161—BENEFITS FOR MOH RECIPIENTS AND DEPENDENTS—Continued 

CHC DC C MWR E 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 3, 6 ............... 3, 6 ............... 3, 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 2, 4 ............... 4 ................... 4 ................... 4. 

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 dependent on an authorized sponsor for over 50 percent of the child’s support. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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. 

8. 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 MOH recipient for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the MOH recipient for over 50 percent of the 

child’s support. 

■ 14. Amend § 161.15 by revising Table 

14 to Subpart C of Part 161 to read as 

follows: 

§ 161.15 Benefits for Disabled American 

Veterans (DAV). 

* * * * * 

TABLE 14 TO SUBPART C OF PART 161—BENEFITS FOR 100 PERCENT DAVS AND DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Spouse ........................................................................................ No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

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.

No ................ No ................ 1 ................... 1 ................... 1. 

Ward ..................................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Pre-adoptive Child ................................................................ No ................ No ................ 1, 4 ............... 1, 4 ............... 1, 4. 

Foster Child .......................................................................... No ................ No ................ 1 ................... 1 ................... 1. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 5 ................... 5 ................... 5. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ No ................ 2 ................... 2 ................... 2. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

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 uniformed 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 authorized sponsor for over 50 percent of the child’s support or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the authorized sponsor for over 50 percent of 

the child’s support. 


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■ 15. Amend § 161.16 by revising Table 

15 to Subpart C of Part 161 to read as 

follows: 

§ 161.16 Benefits for transitional health 

care members and dependents. 

* * * * * 

TABLE 15 TO SUBPART C OF PART 161—BENEFITS FOR THC MEMBERS AND DEPENDENTS

CHC DC C MWR E 

THC Member (Self) ..................................................................... 1 ................... 1 ................... 2, 3 ............... 2, 3 ............... 2, 3. 

Spouse ........................................................................................ 1 ................... 1 ................... 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, Under 21 Years: 

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.

1 ................... 1 ................... 2, 3, 4 ........... 2, 3, 4 ........... 2, 3, 4. 

Ward ..................................................................................... 1, 6 ............... 1, 6 ............... 2, 3, 6 ........... 2, 3, 6 ........... 2, 3, 6. 

Pre-adoptive Child ................................................................ 1, 7 ............... 1, 7 ............... 2, 3, 4, 7 ...... 2, 3, 4, 7 ...... 2, 3, 4, 7. 

Foster Child .......................................................................... No ................ No ................ 2, 3, 4 ........... 2, 3, 4 ........... 2, 3, 4. 

Children, Unmarried, 21 Years and Over ................................... 1, 8 ............... 1, 8 ............... 2, 3, 9 ........... 2, 3, 9 ........... 2, 3, 9. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 1, 5 ............... 2, 3, 5 ........... 2, 3, 5 ........... 2, 3, 5. 

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: 

a. Separated on or after January 1, 2001, but before October 1, 2007. 

b. Separated in accordance with 10 U.S.C. 1145(a)(2)(F). 

c. Separated from active duty to join the SelRes or the Ready Reserve of a Reserve Component. 

3. 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. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support. 

5. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household. 

6. 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 uniformed 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. 

7. 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. 

8. 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 authorized sponsor 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 authorized sponsor for over 50 percent of the 

child’s support. 

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 authorized sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the authorized sponsor for over 50 percent of 

the child’s support. 

■ 16. Amend § 161.17 by: 

■ a. Revising Tables 16, 17, 18, 19, and 

20 to Subpart C of Part 161 and 

■ b. In the heading of paragraph (d), 

removing ‘‘whose death is unrelated to 

the member’s service’’ and adding in its 

place ‘‘who died in a non-reportable 

status’’. 

The revisions read as follows: 

§ 161.17 Benefits for surviving 

dependents. 

* * * * * 

TABLE 16 TO SUBPART C OF 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: 

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.

1 ................... Yes ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... 1, 4 ............... 1, 4 ............... 4 ................... 4 ................... 4. 

Pre-adoptive Child ................................................................ 1, 5 ............... 1, 5 ............... 2, 5 ............... 2, 5 ............... 2, 5. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, 21 Years and Over ................................... 1, 6 ............... 6 ................... 7 ................... 7 ................... 7. 


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TABLE 16 TO SUBPART C OF PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF ACTIVE DUTY DECEASED

MEMBERS—Continued 

CHC DC C MWR E 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 3 ................... 3 ................... 3 ................... 3. 

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: 

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 dependent on an authorized sponsor for over 50 percent of the child’s support at the time of the sponsor’s death. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household at the time 

of the sponsor’s death. 

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 uniformed 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. 

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. 

b. Is incapable of self-support because of a mental or physical incapacity 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. 

* * * * * 

TABLE 17 TO SUBPART C OF 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 ................... Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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

Children, Unmarried, Under 21 Years: 

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.

1, 2 ............... 2 ................... 3 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 2, 5 ........... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 2, 6 ........... 2, 6 ............... 3, 6 ............... 3, 6 ............... 3, 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 7 ........... 2, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 2, 4 ............... 4 ................... 4 ................... 4. 

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 dependent on an authorized sponsor for over 50 percent of the child’s support at the time of the sponsor’s death. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household at the time 

of the sponsor’s death. 

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 uniformed 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. 


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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. 

8. 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. 

b. Is incapable of self-support because of a mental or physical incapacity 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. 

* * * * * 

TABLE 18 TO SUBPART C OF 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 ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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

Children, Unmarried, Under 21 Years: 

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.

1, 2 ............... 1 ................... 3 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 2, 5 ........... 1, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 2, 6 ........... 1, 6 ............... 3, 6 ............... 3, 6 ............... 3, 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 7 ........... 1, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

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 dependent on an authorized sponsor for over 50 percent of the child’s support at the time of the sponsor’s death. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the parent’s support and residing in the sponsor’s household at the time 

of the sponsor’s death. 

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 uniformed 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, 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. 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. 

b. Is incapable of self-support because of a mental or physical incapacity 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. 

* * * * * 

(d) Surviving dependents of deceased 

National Guard and Reserve members 

who died in a non-reportable status.* * 

*: 

* * * * * 

TABLE 19 TO SUBPART C OF PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF NATIONAL GUARD AND RESERVE

MEMBERS WHO DIED IN A NON-REPORTABLE STATUS

Widow or Widower: 

Unremarried ......................................................................... No ................ No ................ Yes ............... Yes ............... Yes. 


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TABLE 19 TO SUBPART C OF PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF NATIONAL GUARD AND RESERVE

MEMBERS WHO DIED IN A NON-REPORTABLE STATUS—Continued 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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

Children, Unmarried, Under 21 Years: 

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, foster child.

No ................ No ................ 1 ................... 1 ................... 1. 

Ward ..................................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Pre-adoptive Child ................................................................ No ................ No ................ 1, 3 ............... 1, 3 ............... 1, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 4 ................... 4 ................... 4. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ 5 ................... 5 ................... 5. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support at the time of the sponsor’s death. 

2. 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 uniformed 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 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. 

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, or was at the time of the member’s death, dependent on the member for over 50 percent of the child’s support. 

b. Is incapable of self-support because of a mental or physical incapacity 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. 

5. Yes, if dependent on that sponsor for over 50 percent of the child’s support and residing in the sponsor’s household at the time of the sponsor’s death. 

* * * * * 

TABLE 20 TO SUBPART C OF 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 ............... 2, 4 ............... Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, illegitimate child of spouse.1, 2 ............... 2, 4 ............... 3 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 2, 6 ........... 2, 3, 6 ........... 6 ................... 6 ................... 6. 

Pre-adoptive Child ................................................................ 1, 2, 7 ........... 2, 3, 7 ........... 3, 7 ............... 3, 7 ............... 3, 7. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 8 ........... 2, 8 ............... 9 ................... 9 ................... 9. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 5 ................... 5 ................... 5 ................... 5. 

Notes: 

1. Yes, if the: 

a. Deceased uniformed service member was a retired uniformed service member entitled to retired pay, including TDRL or PDRL, or a nonregular Service retiree, age 60 or over, in receipt of retired pay, and if the person is: 

(1) Not entitled to Medicare Part A hospital insurance through the SSA; or, 

(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. 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: 

(1) Not entitled to Medicare Part A hospital insurance through the SSA; or, 

(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. 

2. 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. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support at the time of the sponsor’s death. 

4. 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. 

5. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household at the 

time of the sponsor’s death. 


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6. 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 uniformed 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. 

7. 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. 

8. 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. 

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 death, dependent on the member for over 50 percent of the child’s support. 

b. Is incapable of self-support because of a mental or physical incapacity 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. 

* * * * * ■ 17. Amend § 161.18 by revising Tables 

22 and 23 to Subpart C of Part 161 to 

read as follows: 

§ 161.18 Benefits for abused dependents. 

* * * * * 

TABLE 22 TO SUBPART C OF PART 161—BENEFITS FOR ABUSED DEPENDENTS OF RETIREMENT ELIGIBLE UNIFORMED

SERVICES MEMBERS

CHC DC C MWR E 

Spouse ........................................................................................ 1, 2, 6 ........... 2, 6 ............... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 18 Years: 

Legitimate, adopted, stepchild, pre-adoptive ....................... 1, 3 ............... 3 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 4, 5 ........... 4, 5 ............... 7 ................... 7 ................... 7. 

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 dependent on an authorized sponsor for over 50 percent of child’s 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 

§ 161.19). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant. 

7. Yes, if the child: 

a. Is older than 18 years old but 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 was dependent on the sponsor for over 50 percent the child’s support at the time the abuse occurred; or 

b. Is incapable of self-support because of a mental or physical incapacity and was dependent on the sponsor for over 50 percent of the child’s 

support at the time the abuse occurred. 

* * * * * 

TABLE 23 TO SUBPART C OF PART 161—BENEFITS FOR ABUSED DEPENDENTS OF NON-RETIREMENT ELIGIBLE

UNIFORMED SERVICES MEMBERS

CHC DC C MWR E 

Spouse ........................................................................................ 1, 2 ............... 2 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, Under 18 Years 

Legitimate, adopted, stepchild, pre-adoptive ....................... 1, 2 ............... 2 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 2, 3 ........... 2, 3 ............... 4 ................... 4 ................... 4. 

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. 


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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. 

4. Yes, if receiving transitional compensation. 

■ 18. Amend § 161.20 by revising Tables 

29, 31, 32, 33, 35, 36, 37, 38, and 40 to 

Subpart C of Part 161 to read as follows: 

§ 161.20 Benefits for civilian personnel. 

* * * * * 

TABLE 29 TO SUBPART C OF PART 161—BENEFITS FOR CIVILIAN PERSONNEL IN THE UNITED STATES

CHC DC C MWR E 

Self: 

DoD Civilian Employees, IPA Personnel ............................. No ................ No ................ No ................ 1 ................... No. 

Non-DoD Government Agency Civilian Personnel .............. No ................ No ................ No ................ 2 ................... No. 

DoD Contractors .................................................................. No ................ No ................ No ................ 2 ................... No. 

Note: 

1. Yes, but the benefit is not printed on the DoD ID card and will be facilitated in accordance with DoD Instruction 1015.10. 

2. Yes, if working full-time on the installation in accordance with DoD Instruction 1015.10. Benefit is not printed on the DoD ID card and will be 

facilitated in accordance with DoD Instruction 1015.10. 

* * * * * 

TABLE 31 TO SUBPART C OF PART 161—BENEFITS FOR DOD CIVILIAN PERSONNEL STATIONED OR EMPLOYED OUTSIDE

THE UNITED STATES AND OUTSIDE U.S. TERRITORIES AND POSSESSIONS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self: 

DoD Civilian Employee, IPA Personnel ............................... No ................ 1 ................... Yes ............... Yes ............... Yes. 

DoD Contractor .................................................................... No ................ 1 ................... 2 ................... Yes ............... 3. 

Spouse ........................................................................................ No ................ 1 ................... 4 ................... Yes ............... 4. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or Illegitimate child of spouse.No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Ward ..................................................................................... No ................ 1, 6 ............... 6 ................... 6 ................... 6. 

Pre-adoptive ......................................................................... No ................ 1, 7 ............... 7 ................... 7 ................... 7. 

Foster Child .......................................................................... No ................ No ................ 5 ................... 5 ................... 5. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 8 ............... 9 ................... 9 ................... 9. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 1, 5 ............... 1, 5 ............... 5 ................... 5. 

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 a U.S. citizen and on a fully-reimbursable basis in accordance with DoD Instruction 1330.17 (not a local hire). 

3. Yes, if a U.S. citizen assigned overseas. 

4. Yes, if a dependent of an authorized sponsor and residing in the sponsor’s household. 

5. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

6. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

7. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor. 

8. 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 sponsor 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 sponsor and is, dependent on the sponsor for over 50 percent of the child’s support. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * 


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TABLE 32 TO SUBPART C OF PART 161—BENEFITS FOR NON-DOD GOVERNMENT AGENCY CIVILIAN PERSONNEL STATIONED OR EMPLOYED OUTSIDE THE UNITED STATES AND OUTSIDE U.S. TERRITORIES AND POSSESSIONS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self: 

Non-DoD Government Agency Civilian Personnel .............. No ................ 1 ................... 2 ................... Yes ............... 2. 

Spouse ........................................................................................ No ................ 1 ................... 3 ................... Yes ............... 3. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or Illegitimate child of spouse.No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

Ward ..................................................................................... No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive ......................................................................... No ................ 1, 6 ............... 6 ................... 6 ................... 6. 

Foster Child .......................................................................... No ................ No ................ 4 ................... 4 ................... 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, Parent-by-Adoption ............. No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

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, in accordance with DoD Instruction 1330.17 and DoD Instruction 1330.21. 

3. Yes, if a dependent of an authorized sponsor and residing in the sponsor’s household. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the dependent’s support, and residing in the sponsor’s household. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor and dependent on an authorized sponsor for over 50 percent of the child’s support. 

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 sponsor 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 sponsor and is, dependent on the member or former member for over 50 percent of the child’s support. 

8. 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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * 

TABLE 33 TO SUBPART C OF PART 161—BENEFITS FOR CIVILIAN PERSONNEL STATIONED OR EMPLOYED IN U.S. 

TERRITORIES AND POSSESSIONS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self: 

DoD Civilian employee, IPA personnel ................................ No ................ 1 ................... 2 ................... Yes ............... 2. 

Non-DoD Government Agency Civilian Personnel; DoD 

contractor.

No ................ 1 ................... No ................ 3 ................... No. 

Spouse ........................................................................................ No ................ 1 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee or illegitimate child of spouse.No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Ward ..................................................................................... No ................ 1, 6 ............... 6 ................... 6 ................... 6. 

Pre-adoptive ......................................................................... No ................ 1, 7 ............... 7 ................... 7 ................... 7. 

Foster Child .......................................................................... No ................ No ................ 5 ................... 5 ................... 5. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 8 ............... 9 ................... 9 ................... 9. 

Parent, Parent-in-Law, Stepparent, Parent-by-Adoption ............. No ................ 1, 5 ............... No ................ 5 ................... 5. 

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. Yes, in accordance with DoD Instruction 1330.17 and DoD Instruction 1330.21. 

3. Yes, if working full-time on the installation in accordance with DoD Instruction 1015.10. Benefit will not be printed on the DoD ID card and 

will be facilitated in accordance with DoD Instruction 1015.10. 

4. Yes, if a dependent of an authorized sponsor and residing in the sponsor’s household. 

5. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

6. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

7. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor and dependent on an authorized sponsor for over 50 percent of the child’s support. 

8. 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 sponsor for over 50 percent of the child’s support; or 


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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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * 

TABLE 35 TO SUBPART C OF PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO

DUTY WITH THE UNIFORMED SERVICES IN THE UNITED STATES AND RESIDING ON A MILITARY INSTALLATION AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ Yes ............... 1. 

Spouse ........................................................................................ No ................ No ................ No ................ Yes ............... 1, 2. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, illegitimate child of spouse, or foster child.No ................ No ................ No ................ 3 ................... 1, 3. 

Ward ..................................................................................... No ................ No ................ No ................ 4 ................... 1, 4. 

Pre-adoptive ......................................................................... No ................ No ................ No ................ 5 ................... 1, 5. 

Foster Child .......................................................................... No ................ No ................ No ................ 3 ................... 1, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ No ................ 6 ................... 1, 6. 

Parent, Parent-in-Law, Stepparent, Parent-by-Adoption ............. No ................ No ................ No ................ 3 ................... 1, 3. 

Notes: 

1. Yes, but subject to purchase restrictions in accordance with DoDI 1330.21. 

2. Yes, if a dependent of an authorized sponsor, and residing in the sponsor’s household. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor. 

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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

* * * * * 

TABLE 36 TO SUBPART C OF PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO

DUTY WITH THE UNIFORMED SERVICES OUTSIDE THE UNITED STATES AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 2 ................... Yes ............... 2. 

Spouse ........................................................................................ No ................ 1 ................... 3 ................... Yes ............... 3. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee or illegitimate child of spouse.No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

Ward ..................................................................................... No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive ......................................................................... No ................ 1, 6 ............... 6 ................... 6 ................... 6. 

Foster Child .......................................................................... No ................ No ................ 4 ................... 4 ................... 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 7 ............... 8 ................... 8 ................... 8. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

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 U.S. citizen assigned overseas. 

3. Yes, if a dependent of an authorized sponsor and residing in the sponsor’s household. 

4. Yes, if a dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor and dependent on an authorized sponsor for over 50 percent of the child’s support. 

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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 


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11192 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

8. 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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * 

TABLE 37 TO SUBPART C OF PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE USO AND ACCOMPANYING

DEPENDENTS SERVING OUTSIDE THE UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 2 ................... Yes ............... 2. 

Spouse ........................................................................................ No ................ 1 ................... 3 ................... Yes ............... 3. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee, or illegitimate child of spouse.No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

Ward ..................................................................................... No ................ No ................ 5 ................... 5 ................... 5. 

Foster child ........................................................................... No ................ No ................ 4 ................... 4 ................... 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 5 ............... 7 ................... 7 ................... 7. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

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 U.S. citizens assigned overseas. 

3. Yes, if a dependent of an authorized sponsor and residing in the sponsor’s household. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * 

TABLE 38 TO SUBPART C OF PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE USS SERVING OUTSIDE

THE UNITED STATES AND OUTSIDE U.S. TERRITORIES AND POSSESSIONS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... No ................ Yes ............... No. 

Spouse ........................................................................................ No ................ 1 ................... No ................ Yes ............... No. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee, or illegitimate child of spouse.No ................ 1, 2 ............... No ................ 2 ................... No. 

Ward ..................................................................................... No ................ No ................ No ................ 3 ................... No. 

Foster Child .......................................................................... No ................ No ................ No ................ 2 ................... No. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 4 ............... No ................ 5 ................... No. 

Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption ........ No ................ 1, 2 ............... No ................ 2 ................... No. 

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 the child’s support and residing in the sponsor’s household. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the sponsor for over 50 percent of the child’s 

support. 


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* * * * * 

TABLE 40 TO SUBPART C OF 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. 

Spouse ........................................................................................ No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, Illegitimate child of spouse, or Foster Child.No ................ No ................ 1 ................... 1 ................... 1. 

Ward ..................................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Pre-adoptive ......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 4 ................... 4 ................... 4. 

Parent, Parent-in-Law, Stepparent, Parent-by-Adoption ............. No ................ No ................ 1 ................... 1 ................... 1. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of the individual’s support and residing in the sponsor’s household. 

2. Yes if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

3. Yes if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the sponsor for over 50 percent of the child’s 

support. 

* * * * * ■ 19. Amend § 161.21 by revising Table 

46 to Subpart C of Part 161 to read as 

follows: 

§ 161.21 Benefits for retired civilian 

personnel. 

* * * * * 

TABLE 46 TO SUBPART C OF PART 161—BENEFITS FOR RETIRED NOAA WAGE MARINER EMPLOYEES AND THEIR

ELIGIBLE DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Spouse ........................................................................................ No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, illegitimate child of male member, 

whose paternity has been judicially determined, or foster 

child.

No ................ No ................ 1 ................... 1 ................... 1. 

Ward ..................................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Pre-adoptive Child ................................................................ No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 4 ................... 4 ................... 4. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of the child’s support and residing in the sponsor’s household. 

2. Yes, if, for determinations of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if dependent on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

3. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the sponsor 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 sponsor. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the sponsor for over 50 percent of the child’s 

support. 

■ 20. Amend § 161.22 by revising Tables 

47, 48, 49, 50, and 54 to Subpart C of 

Part 161 to read as follows: 

§ 161.22 Benefits for foreign affiliates. 

* * * * * 


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11194 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

TABLE 47 TO SUBPART C OF PART 161—BENEFITS FOR SPONSORED NATO AND PFP PERSONNEL AND ACCOMPANYING

DEPENDENTS IN THE UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 2 ................... 2 ................... 2. 

Spouse ........................................................................................ 3 ................... 1 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of member, or Illegitimate child of spouse.3, 4 ............... 1, 4 ............... 4 ................... 4 ................... 4. 

Ward ..................................................................................... No ................ No ................ 5 ................... 5 ................... 5. 

Children, Unmarried, 21 Years and Over ................................... 3, 6 ............... 1, 6 ............... 7 ................... 7 ................... 7. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ 4 ................... 4 ................... 4. 

Notes: 

1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate. 

2. Yes, if: 

a. Under orders issued by a U.S. Military Service; or 

b. Assigned military attache ́ duties in the United States and designated on reciprocal agreements with the Department of State. 

3. Yes, for outpatient care only. 

4. Yes, if residing in the household of the authorized sponsor in the United States. 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the sponsor 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 if residing in 

the authorized sponsor’s household. 

6. Yes, if residing in the household of the authorized sponsor in the United States and 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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical, and is dependent on the sponsor for over 50 percent of the child’s support. 

* * * * * 

TABLE 48 TO SUBPART C OF PART 161—BENEFITS FOR SPONSORED NON-NATO PERSONNEL AND ACCOMPANYING

DEPENDENTS IN THE UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 2 ................... 2 ................... 2. 

Spouse ........................................................................................ No ................ 1 ................... 3 ................... 3 ................... 3. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 4 ............... 3 ................... 3 ................... 3. 

Ward ..................................................................................... No ................ No ................ 4 ................... 4 ................... 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 5 ............... 6 ................... 6 ................... 6. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ 3 ................... 3 ................... 3. 

Notes: 

1. Yes, for outpatient care only on a reimbursable basis. 

2. Yes, if under orders issued by a U.S. Military Service. 

3. Yes, if residing in the household of the authorized sponsor 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 sponsor 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 if residing in 

the authorized sponsor’s household. 

5. Yes, if residing in the household of the authorized sponsor in the United States and 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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

6. Yes, if residing in the household of the authorized sponsor in the United States and 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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical, and is dependent on the sponsor for over 50 percent of the child’s support. 

* * * * * 

TABLE 49 TO SUBPART C OF 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 ................ No ................ No. 

Spouse ........................................................................................ 2 ................... 1 ................... No ................ No ................ No. 

Children, Unmarried, Under 21 Years: 


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TABLE 49 TO SUBPART C OF PART 161—BENEFITS FOR NON-SPONSORED NATO AND PFP PERSONNEL IN THE UNITED

STATES AND ACCOMPANYING DEPENDENTS—Continued 

CHC DC C MWR E 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.2, 3 ............... 1, 3 ............... No ................ No ................ No. 

Ward ..................................................................................... No ................ No ................ No ................ No ................ No. 

Children, Unmarried, 21 Years and Over ................................... 2, 3, 4 ........... 1, 3, 4 ........... No ................ No ................ No. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ No ................ No ................ No. 

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 authorized sponsor in the United States. 

4. Yes, if residing in the household of the authorized sponsor in the United States and 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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

* * * * * 

TABLE 50 TO SUBPART C OF PART 161—BENEFITS FOR NATO, PFP, AND NON-NATO PERSONNEL OUTSIDE THE UNITED

STATES AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Spouse ........................................................................................ No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 4 ............... 5 ................... 5 ................... 5. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ 2 ................... 2 ................... 2. 

Notes: 

1. Yes, for outpatient care only on a reimbursable basis. 

2. Yes, if residing in the household of the authorized sponsor 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 sponsor 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 if dependent 

on the sponsor for over 50 percent of the child’s support, and residing in the sponsor’s household. 

4. Yes, if residing in the household of the authorized sponsor and 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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 

5. Yes, if residing in the household of the authorized sponsor in the United States and 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 sponsor for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical, and is dependent on the sponsor for over 50 percent of the child’s support. 

* * * * * 

TABLE 54 TO SUBPART C OF 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 ................... No ................ No ................ No. 

Spouse ........................................................................................ No ................ 1 ................... No ................ No ................ No. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 2 ............... No ................ No ................ No. 

Ward ..................................................................................... No ................ No ................ No ................ No ................ No. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 2, 3 ........... No ................ No ................ No. 

Parent, Parent-in-Law, Stepparent, or Parent by Adoption ........ No ................ No ................ No ................ No ................ No. 

Notes: 

1. As determined by the appropriate RHCA. 

2. Yes, if residing in the household of the authorized sponsor in the United States. 

3. Yes, if residing in the household of the authorized sponsor in the United States, 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 sponsor 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 sponsor, and is dependent on the sponsor for over 50 percent of the child’s support. 


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11196 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

■ 21. Amend § 161.23 by: 

■ a. Revising Tables 11, 17, 22, 23, 25, 

36, and 37 to Subpart D of Part 161; 

■ b. In paragraph (g)(4), adding ‘‘Fulltime paid personnel of the’’ before 

‘‘USO serving outside the United 

States.’’ and 

■ c. Revising paragraph (k) introductory 

text and paragraph (k)(2). 

The revisions read as follows: 

§ 161.23 Procedures. 

* * * * * 

TABLE 11 TO SUBPART D OF PART 161—ELIGIBILITY DOCUMENTATION REQUIRED FOR A SURVIVING DEPENDENT

Status Eligibility documentation 

Widow or Widower: 

Unremarried ............................. Marriage certificate to sponsor (Note 1) and Death certificate of sponsor or DD Form 1300, ‘‘Report of 

Casualty,’’ (for sponsor only). 

Unmarried ................................ Marriage certificate to sponsor (Note 1) and Death certificate of sponsor or DD Form 1300, ‘‘Report of 

Casualty,’’ (for sponsor only) and Marriage certificate from subsequent marriage (Note 1) and Divorce 

decree from subsequent marriage (Note 2) or Death certificate from subsequent marriage. 

Dependent ....................................... Dependent documentation (Note 3). 

Notes: 

1. A common law marriage certificate, a court order, or a written SJA opinion that a common law marriage is recognized by the relevant State 

or U.S. jurisdiction is also accepted. 

2. A dissolution decree or annulment decree is also accepted. 

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor as specified in Tables 1 

through 10 of this subpart, if the relationship has not previously been established. 

* * * * * 

TABLE 17 TO SUBPART D OF PART 161—ELIGIBILITY DOCUMENTATION REQUIRED FOR A RETIRED RESERVE MEMBER AND

DEPENDENTS

Status Eligibility documentation 

Retired Reserve Member ................ Retired pay orders (Note 1) or DD Form 214 (Note 2). 

Retired Reserve Member ordered 

to active duty.

DD Form 214 (Note 2) or Military order (Note 3) or Commissioning oath (Note 3) or Enlistment contract 

(Note 3). 

Dependent ....................................... Dependent documentation (Note 4). 

Notes: 

1. Retired pay orders, establishing the uniformed service member’s eligibility for retired pay at age 60. 

2. A DD Form 214 that establishes the uniformed service member’s service can be used when DEERS verification is not available. A statement of service or dates of inclusive service for servicing personnel may be used in lieu of the DD Form 214. 

3. Documentation establishing the uniformed service member being ordered to active duty for greater than 30 days. 

4. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor as specified in Tables 1 through 

10 of this subpart, if the relationship has not previously been established. 

* * * * * (g) * * * 

TABLE 22 TO SUBPART D OF PART 161—ELIGIBILITY DOCUMENTATION REQUIRED FOR CIVILIAN PERSONNEL RESIDING ON

A MILITARY INSTALLATION IN THE UNITED STATES AND ACCOMPANYING DEPENDENTS

Status Eligibility documentation 

Civilian: DoD civilian employee, DoD contractor, Intergovernmental Personnel Act personnel, non-DoD government agency civilian personnel under DoD sponsorship.Travel authorization (Note 1). 

Dependent ........................................................................................................................ Travel authorization (Note 2) and Dependent documentation (Note 3). 

Notes: 

1. A travel authorization produced by the sponsoring DoD Component authorizing the sponsor to reside on a military installation. 

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor. 

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 

through 12 of this subpart, if the relationship has not previously been established. 

* * * * * 


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TABLE 23 TO SUBPART D OF PART 161—ELIGIBILITY DOCUMENTATION REQUIRED FOR CIVILIAN PERSONNEL STATIONED

OUTSIDE THE UNITED STATES AND ACCOMPANYING DEPENDENTS

Status Eligibility documentation 

Civilian: DoD civilian employee, DoD contractor, Intergovernmental Personnel Act personnel, non-DoD government agency civilian personnel under DoD sponsorship, 

DoD contractor authorized to accompany the Armed Forces (CAAF).

Travel authorization (Note 1) and SPOT LOA (Note 2, 

3). 

Dependent ........................................................................................................................ Dependent documentation (Note 4) and Travel authorization (Note 5) or SPOT LOA (Note 5). 

Notes: 

1. A travel authorization produced by the sponsoring DoD Component, indicating an assignment outside the United States. 

2. A SPOT LOA that designates the contractor as CAAF, if a CAAF in accordance with DoD Instruction 3020.41, ‘‘Operational Contract Support (OCS)’’ (available at: http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf). 

3. A SPOT LOA, if applicable in accordance with Combatant Command guidance. 

4. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor as specified in Tables 1 

through 10 of this subpart, if the relationship has not previously been established. 

5. A travel authorization produced by the sponsoring DoD Component or SPOT LOA authorizing eligible dependents to accompany the

sponsor. 

* * * * * 

(4) United Service Organizations 

(USO) personnel. Full-time paid 

personnel of the USO serving outside 

the United States and outside U.S. 

territories and possessions and 

accompanying dependents must have 

eligibility verified by documentation 

shown in Table 25 to this subpart. 

TABLE 25 TO SUBPART D OF PART 161—ELIGIBILITY DOCUMENTATION REQUIRED FOR FULL-TIME PAID PERSONNEL OF

THE USO AND ACCOMPANYING DEPENDENTS

Status Eligibility documentation 

USO Employee ............................... Travel authorization (Note 1). 

Dependent ....................................... Travel authorization (Note 2) and Dependent documentation (Note 3). 

Notes: 

1. A travel authorization produced by the sponsoring DoD Component. 

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor. 

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 

through 10 of this subpart, if the relationship has not previously been established. 

* * * * * 

(k) Documentation required to change 

a gender marker in DEERS. This 

paragraph (k) describes documentation 

required to request a change to a 

retiree’s, a dependent’s, or a contractor 

employee’s gender marker in DEERS. 

Requests to change a gender marker 

require submission of documentation 

listed in Table 33 to this subpart. All 

requests by retirees, dependents, and 

contractor employees to change gender 

markers must be submitted by the 

sponsor’s responsible uniformed service 

project office or sponsoring agency to 

DoDHRA. 

* * * * * 

(2) These documentation 

requirements do not apply nor can they 

be used to change the gender marker of 

a military Service member. 

* * * * * 

TABLE 33 TO SUBPART D OF PART 161—DOCUMENTATION REQUIRED TO CHANGE A GENDER MARKER IN DEERS 

Status Documentation 

Retiree, Dependent, or Contractor 

(Note 1).

Written statement signed by the individual indicating their preferred gender identity. 

Note: 

1. Includes other ID card eligible populations managed by the Trusted Associate Sponsorship System for which DEERS is the authoritative 

source. 

* * * * * 

TABLE 36 TO SUBPART D OF PART 161—DOCUMENTATION REQUIRED TO MODIFY A NAME OR DATE OF BIRTH IN DEERS 

TO CORRECT AN ADMINISTRATIVE ERROR

Status Documentation 

Sponsor or Dependent .................... Federal Information Processing Standards (FIPS) Publication (Pub) 201–3, ‘‘Personal Identity Verification 

(PIV) of Federal Employees and Contractors,’’ Identity Proofing and Registration Requirements primary 

and secondary identity source documentation (Note). 

Note: Documentation from the FIPS Pub 201–3, PIV Identity Proofing and Registration Requirements primary and secondary identity source 

document lists that establishes name or date of birth. 


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11198 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

* * * * * 

TABLE 37 TO SUBPART D OF PART 161—DOCUMENTATION REQUIRED TO MODIFY A GENDER MARKER IN DEERS TO

CORRECT AN ADMINISTRATIVE ERROR

Status Documentation 

Sponsor or Dependent .................... Birth certificate and FIPS Pub 201–3 ‘‘Personal Identity Verification (PIV) of Federal Employees and Contractors,’’ Identity Proofing and Registration Requirements primary and secondary identity source documentation (Note). 

Note: Documentation from the FIPS Pub 201–3, PIV Identity Proofing and Registration Requirements primary and secondary identity source 

document lists that establishes gender. 

* * * * * 

Dated: February 5, 2024. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2024–02621 Filed 2–13–24; 8:45 am] 

BILLING CODE 6001–FR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2002–0049; FRL–8150.1– 

03–OAR] 

New Source Performance Standards 

Review for Steel Plants: Electric Arc 

Furnaces and Argon-Oxygen 

Decarburization Vessels; Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking interim final 

action on corrections and clarifications 

to the new source performance 

standards (NSPS) for electric arc 

furnaces and argon-oxygen 

decarburization vessels in the steel 

industry. The corrections and 

clarifications are being made to address 

unintended and inadvertent errors in 

the recently finalized standards. 

DATES: This interim final rule is 

effective on February 14, 2024. 

Comments on this rule must be received 

on or before March 15, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0049 by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2002–0049 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2002– 

0049. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2002– 

0049, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Comments received may be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Public 

Participation’’ heading of the General 

Information section of this document 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Donna Lee Jones, Sector Policies and 

Programs Division (D243–02), 109 T.W. 

Alexander Drive, P.O. Box 12055, Office 

of Air Quality Planning and Standards, 

United States Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–5251; email address: 

jones.donnalee@epa.gov. 

Preamble acronyms and 

abbreviations. Throughout this 

document the use of ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ is intended to refer to the EPA. 

We use multiple acronyms and terms in 

this preamble. While this list may not be 

exhaustive, to ease the reading of this 

preamble and for reference purposes, 

the EPA defines the following terms and 

acronyms here: 

AOD argon-oxygen decarburization 

APA Administrative Procedure Act 

BLDS bag leak detection system 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

CRA Congressional Review Act 

DCOT during the digital camera opacity 

technique 

DEC direct shell evacuation control 

EAF electric arc furnace 

EPA Environmental Protection Agency 

FR Federal Register 

FTP File Transfer Protocol 

NAICS North American Industry 

Classification System 

NSPS new source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PM particulate matter 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

UMRA Unfunded Mandates Reform Act of 

1995 

U.S. United States of America 

U.S.C. United States Code 

Organization of this document. The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Public Participation 

B. Potentially Affected Entities 

C. Statutory Authority 

D. Judicial Review and Administrative 

Review 

II. Regulatory Revisions 

A. Background and Summary 

B. Specific Regulatory Revisions 

III. Rulemaking Procedures 

IV. Request for Comment 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, as Amended by 

Executive Order 14094: Modernizing 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing our Nation’s Commitment to 

Environmental Justice for All 

K. Congressional Review Act (CRA) 


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