[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Rules and Regulations]
[Pages 11172-11198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02621]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#81f3eee3e4f3f5afe2afe4f7e4f2afe2e8f7c1ece0e8edafece8ed"><span class="__cf_email__" data-cfemail="9be9f4f9fee9efb5f8b5feedfee8b5f8f2eddbf6faf2f7b5f6f2f7">[email protected]</span></a>.

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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    \1\ Secretary of Defense Memorandum, ``Extending Benefits to 
Same-Sex Spouses of Military Members,'' available upon email request 
to: <a href="/cdn-cgi/l/email-protection#177378737f6576397a743a767b726f39737a7374397a756f397378733a7e733a747665733a67787b7e746e577a767e7b397a7e7b"><span class="__cf_email__" data-cfemail="45212a212d37246b2826682429203d6b212821266b28273d6b212a21682c21682624372168352a292c263c0528242c296b282c29">[email protected]</span></a>.

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[[Page 11173]]

    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.
    <bullet> 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).
    <bullet> 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).
    <bullet> 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'') (Sec.  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 thirty-three 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.

[[Page 11174]]

    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 Sec.  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) Sec.  161.7(d)(1)(ii) of 
Subpart B; (2) Appendix 1 to Sec.  161.7 of Subpart B paragraphs 
(d)(2)(i) and (vi); and (3) paragraph (c)(2) of Appendix 2 to Sec.  
161.7 of Subpart B. Paragraphs (d)(2)(i) and (vi) of Appendix 1 to 
Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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''

[[Page 11175]]

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 Sec.  
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 Sec.  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 non-DoD 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 Sec.  161.7, 
replacing ``Non-DoD Federal employees'' with ``Non-DoD 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 Sec.  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 Sec.  161.7, which stated: ``DoD and uniformed services 
civilian employees (both appropriated and non-appropriated) when 
required to reside in a household on a military installation within the 
CONUS, Hawaii, Alaska, Puerto Rico, and Guam.'' 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 Sec.  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 Sec.  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 Sec.  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 Sec.  161.7. Paragraph (b)(1) has been re-
designated 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 Sec.  161.7 of Subpart B, 
Sec.  161.23(g)(4) of Subpart D, and Table 25 to Subpart D of Part 161 
since benefits are not provided to part-time 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 Sec.  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;'' Sec.  161.23(g)(4) 
of Subpart D from ``USO area executives, center directors, and

[[Page 11176]]

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 Sec.  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 Sec.  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 Sec.  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 Sec.  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, 
Parent-in-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, pre-
adoptive children should be receiving benefits for abused dependents.
    Response: DoD retained ``pre-adoptive'' in Table 22 and added 
``pre-adoptive'' 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

[[Page 11177]]

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, In-
Service Transition for Transgender Service Members (https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130028p.pdf?ver=7d9-DSsprs-s7NwgJFSmDw%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=5GyE0Rw0EgwwsXAPZe1tzA%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

[[Page 11178]]

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.

[[Page 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

0
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.


Sec.  161.3  [Amended]

0
2. Amend Sec.  161.3 by:
0
a. Deleting the duplicate definition of ``Foreign affiliate.''
0
b. Removing ``official visit,'' before the word ``assignment'' in the 
definition of ``Foreign affiliate'' and
0
c. Deleting the definition of ``Foreign national civilians and 
contractors.''


Sec.  161.4  [Amended]

0
3. Amend Sec.  161.4 by:
0
a. In paragraph (e):
0
i. Removing the words ``FIPS Publication 201-2'' and adding in its 
place the words ``FIPS Publication 201-3'' and
0
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)''.


Sec.  161.5  [Amended]

0
4. Amend Sec.  161.5 by:
0
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''.


Sec.  161.6  [Amended]

0
5. Amend Sec.  161.6 by removing the words ``FIPS Publication 201-2'' 
and adding in its place the words ``FIPS Publication 201-3'' everywhere 
they occur.

0
6. Amend Sec.  161.7 by:
0
a. Removing the words ``FIPS Publication 201-2'' and adding in its 
place the words ``FIPS Publication 201-3'' everywhere they occur.
0
b. In paragraph (d)(1)(ii):
0
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
0
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.
0
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''.
0
d. Revising paragraph (e)(3) introductory text; and
0
e. Revising paragraph (g)(2).
    The revisions read as follows:


Sec.  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. * * *

0
7. Amend Appendix 1 to Sec.  161.7 by:
0
a. Revising paragraph (c)(2)(ii)(A)(3),
0
b. Revising paragraphs (d)(2)(i) through (d)(2)(vii),
0
c. Removing paragraph (d)(2)(viii),
0
d. Revising paragraphs (l)(2)(iii), (l)(2)(vi), and (l)(2)(vii)(B); and
0
e. Revising paragraph (m)(1).
    The revisions read as follows:

Appendix 1 to Sec.  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, full-time, paid personnel of 
the Red Cross assigned to duty with the uniformed services in 
foreign countries.

[[Page 11180]]

    (vii) Foreign military who meet the eligibility requirement of 
paragraph (a)(2) of Sec.  161.7 and are in one of the categories in 
paragraphs (d)(2)(viii)(A) through (C) of this appendix. Those 
foreign military not meeting the eligibility requirements for CAC as 
described in paragraph (a)(2) of Sec.  161.7 shall be issued a DD 
Form 2765 as described in paragraph (l) of this appendix.
* * * * *
    (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.
* * * * *

0
8. Amend Appendix 2 to Sec.  161.7 by:
0
a. Revising paragraph (b) introductory text and
0
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 Sec.  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.
* * * * *

0
9. Amend Sec.  161.10 by revising Table 2 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            Yes...................  Yes...................  1.....................  1....................  1.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  3.....................  3.....................  3.....................  3....................  3.
    Pre-adoptive Child............  4.....................  4.....................  1, 4..................  1, 4.................  1, 4.
    Foster Child..................  No....................  No....................  1.....................  1....................  1.
Children, Unmarried, 21 Years and   5.....................  5.....................  6.....................  6....................  6.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  2.....................  2.....................  2....................  2.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


0
10. Amend Sec.  161.11 by revising Table 5 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            1.....................  1.....................  2.....................  2....................  2.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 4..................  1, 4..................  4.....................  4....................  4.

[[Page 11181]]

 
    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   1, 6..................  1, 6..................  7.....................  7....................  7.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 3..................  3.....................  3....................  3.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor is on active duty greater than 30 days. When the order to active duty period is greater than 30 days the eligibility for CHC and
  DC for eligible dependents begins on the 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.

* * * * *

0
11. Amend Sec.  161.12 by revising Table 6 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            1.....................  2.....................  3.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 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   1, 7..................  2, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  2, 4..................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the former member is age 60 or over and in receipt of retired pay for non-regular service; and is:
a. Not entitled to Medicare Part A hospital insurance through the SSA, or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84, ``National Defense Authorization Act for Fiscal Year 2010.''
2. Yes, if former member is age 60 or over and in receipt of retired pay for non-regular service.
3. Yes, if 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:

[[Page 11182]]

 
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.

* * * * *

0
12. Amend Sec.  161.13 by revising Table 12 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            1.....................  2.....................  3.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 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   1, 7..................  2, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  2, 4..................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


0
13. Amend Sec.  161.14 by revising Table 13 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            1.....................  2.....................  3.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.

[[Page 11183]]

 
    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   1, 7..................  2, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  2, 4..................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
  Public Law 106-398 and:
a. Is not entitled to Medicare Part A hospital insurance through the SSA or
b. Is entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
  Public Law 106-398.
3. Yes, if 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.


0
14. Amend Sec.  161.15 by revising Table 14 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            No....................  No....................  1.....................  1....................  1.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    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   No....................  No....................  5.....................  5....................  5.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  2.....................  2....................  2.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


[[Page 11184]]


0
15. Amend Sec.  161.16 by revising Table 15 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            1.....................  1.....................  2, 3, 4...............  2, 3, 4..............  2, 3, 4.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 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   1, 8..................  1, 8..................  2, 3, 9...............  2, 3, 9..............  2, 3, 9.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 5..................  2, 3, 5...............  2, 3, 5..............  2, 3, 5.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, medical entitlement for 180 days beginning on the date after the member separated from the qualifying active duty period. There is no exception
  based on entitlement to Medicare Part A. The THC eligible sponsor and eligible dependents receive the medical benefits as if they were active duty
  eligible dependents.
2. No, if the member:
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.


0
16. Amend Sec.  161.17 by:
0
a. Revising Tables 16, 17, 18, 19, and 20 to Subpart C of Part 161 and
0
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:


Sec.  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,            1.....................  Yes...................  2.....................  2....................  2.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  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   1, 6..................  6.....................  7.....................  7....................  7.
 Over.

[[Page 11185]]

 
Parent, Parent-in-Law, Stepparent,  No....................  3.....................  3.....................  3....................  3.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if the sponsor died on active duty (for dependents of National Guard or Reserve members or Retired Reserve members the period of active duty
  must be in excess of 30 days in order to qualify for the benefits in this table) and:
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,            1, 2..................  2.....................  3.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 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   1, 2, 7...............  2, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  2, 4..................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, only if death occurred on or after 1 October 1985 in accordance with the provisions of 10 U.S.C. 1076, or on or after November 15, 1986, in
  accordance with the provisions of 10 U.S.C. 1074a.
3. Yes, if 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.

[[Page 11186]]

 
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,            1, 2..................  1.....................  3.....................  3....................  3.
     stepchild, illegitimate child
     of record of female member,
     or illegitimate child of male
     member whose paternity has
     been judicially determined or
     voluntarily acknowledged.
    Ward..........................  1, 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   1, 2, 7...............  1, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 4..................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on or after the date the member would have become age 60.
2. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA or
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
3. Yes, if 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.

[[Page 11187]]

 
    Remarried.....................  No....................  No....................  No....................  No...................  No.
    Unmarried.....................  No....................  No....................  Yes...................  Yes..................  Yes.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  No....................  1.....................  1....................  1.
     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.
    Ward..........................  No....................  No....................  2.....................  2....................  2.
    Pre-adoptive Child............  No....................  No....................  1, 3..................  1, 3.................  1, 3.
Children, Unmarried, 21 Years and   No....................  No....................  4.....................  4....................  4.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  5.....................  5....................  5.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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,            1, 2..................  2, 4..................  3.....................  3....................  3.
     stepchild, illegitimate child
     of member, illegitimate child
     of spouse.
    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   1, 2, 8...............  2, 8..................  9.....................  9....................  9.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  5.....................  5.....................  5....................  5.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 non-regular 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.

[[Page 11188]]

 
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.

* * * * *

0
17. Amend Sec.  161.18 by revising Tables 22 and 23 to Subpart C of 
Part 161 to read as follows:


Sec.  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,            1, 3..................  3.....................  4.....................  4....................  4.
     stepchild, pre-adoptive.
Children, Unmarried, 18 Years and   1, 4, 5...............  4, 5..................  7.....................  7....................  7.
 Over (If entitled above).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if a court order provides for an annuity for the spouse.
3. Yes, if a member of the household where the abuse occurred.
4. Yes, if 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 Sec.   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,            1, 2..................  2.....................  4.....................  4....................  4.
     stepchild, pre-adoptive.
Children, Unmarried, 18 Years and   1, 2, 3...............  2, 3..................  4.....................  4....................  4.
 Over (If entitled above).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, if:
a. Not entitled to Medicare Part A hospital insurance through the SSA.
b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
  section 706 of Public Law 111-84.
2. Yes, if
a. Residing with the member at the time of the dependent-abuse offense and not residing with the member while receiving transitional compensation for
  abused dependents.

[[Page 11189]]

 
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.


0
18. Amend Sec.  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:


Sec.  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     No....................  No....................  No....................  1....................  No.
     Personnel.
    Non-DoD Government Agency       No....................  No....................  No....................  2....................  No.
     Civilian Personnel.
    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      No....................  1.....................  Yes...................  Yes..................  Yes.
     Personnel.
    DoD Contractor................  No....................  1.....................  2.....................  Yes..................  3.
Spouse............................  No....................  1.....................  4.....................  Yes..................  4.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 5..................  5.....................  5....................  5.
     stepchild, Illegitimate child
     of employee, or Illegitimate
     child of spouse.
    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   No....................  1, 8..................  9.....................  9....................  9.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 5..................  1, 5..................  5....................  5.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service
  instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. Yes, if 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.

* * * * *

[[Page 11190]]



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       No....................  1.....................  2.....................  Yes..................  2.
     Civilian Personnel.
Spouse............................  No....................  1.....................  3.....................  Yes..................  3.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 4..................  4.....................  4....................  4.
     stepchild, Illegitimate child
     of employee, or Illegitimate
     child of spouse.
    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   No....................  1, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 4..................  4.....................  4....................  4.
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service
  instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. Yes, 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      No....................  1.....................  2.....................  Yes..................  2.
     personnel.
    Non-DoD Government Agency       No....................  1.....................  No....................  3....................  No.
     Civilian Personnel; DoD
     contractor.
Spouse............................  No....................  1.....................  4.....................  4....................  4.
Children, Unmarried, Under 21
 Years:
    Legitimate, adopted,            No....................  1, 5..................  5.....................  5....................  5.
     stepchild, illegitimate child
     of employee or illegitimate
     child of spouse.
    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   No....................  1, 8..................  9.....................  9....................  9.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 5..................  No....................  5....................  5.
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis only if residing in a household on a military installation. Additional guidelines are contained
  in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25.
2. 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

[[Page 11191]]

 
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,            No....................  No....................  No....................  3....................  1, 3.
     stepchild, Illegitimate child
     of employee, illegitimate
     child of spouse, or foster
     child.
    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   No....................  No....................  No....................  6....................  1, 6.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  No....................  3....................  1, 3.
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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,            No....................  1, 4..................  4.....................  4....................  4.
     stepchild, Illegitimate child
     of employee or illegitimate
     child of spouse.
    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   No....................  1, 7..................  8.....................  8....................  8.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 4..................  4.....................  4....................  4.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available basis at rates specified in uniformed services instructions. Additional guidelines are contained in DoD Instruction 1100.22
  and Volume 1231 of DoD Instruction 1400.25.
2. Yes, if 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.

[[Page 11192]]

 
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,            No....................  1, 4..................  4.....................  4....................  4.
     stepchild, illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  5.....................  5....................  5.
    Foster child..................  No....................  No....................  4.....................  4....................  4.
Children, Unmarried, 21 Years and   No....................  1, 5..................  7.....................  7....................  7.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 4..................  4.....................  4....................  4.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD
  Instruction 1400.25.
2. Yes, if 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,            No....................  1, 2..................  No....................  2....................  No.
     stepchild, illegitimate child
     of employee, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  No....................  3....................  No.
    Foster Child..................  No....................  No....................  No....................  2....................  No.
Children, Unmarried, 21 Years and   No....................  1, 4..................  No....................  5....................  No.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  1, 2..................  No....................  2....................  No.
 or Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD
  Instruction 1400.25.
2. Yes, if dependent on an authorized sponsor for over 50 percent of 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.


[[Page 11193]]

* * * * *

         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,            No....................  No....................  1.....................  1....................  1.
     stepchild, Illegitimate child
     of employee, Illegitimate
     child of spouse, or Foster
     Child.
    Ward..........................  No....................  No....................  2.....................  2....................  2.
    Pre-adoptive..................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   No....................  No....................  4.....................  4....................  4.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  1.....................  1....................  1.
 Parent-by-Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.

* * * * *

0
19. Amend Sec.  161.21 by revising Table 46 to Subpart C of Part 161 to 
read as follows:


Sec.  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,            No....................  No....................  1.....................  1....................  1.
     stepchild, illegitimate child
     of record of female member,
     illegitimate child of male
     member, whose paternity has
     been judicially determined,
     or foster child.
    Ward..........................  No....................  No....................  2.....................  2....................  2.
    Pre-adoptive Child............  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   No....................  No....................  4.....................  4....................  4.
 Over.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


0
20. Amend Sec.  161.22 by revising Tables 47, 48, 49, 50, and 54 to 
Subpart C of Part 161 to read as follows:


Sec.  161.22  Benefits for foreign affiliates.

* * * * *

[[Page 11194]]



            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,            3, 4..................  1, 4..................  4.....................  4....................  4.
     stepchild, Illegitimate child
     of member, or Illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  5.....................  5....................  5.
Children, Unmarried, 21 Years and   3, 6..................  1, 6..................  7.....................  7....................  7.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  4.....................  4....................  4.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 attach[eacute] 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,            No....................  1, 4..................  3.....................  3....................  3.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  4.....................  4....................  4.
Children, Unmarried, 21 Years and   No....................  1, 5..................  6.....................  6....................  6.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  3.....................  3....................  3.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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:

[[Page 11195]]

 
    Legitimate, adopted,            2, 3..................  1, 3..................  No....................  No...................  No.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  No....................  No...................  No.
Children, Unmarried, 21 Years and   2, 3, 4...............  1, 3, 4...............  No....................  No...................  No.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  No....................  No...................  No.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate.
2. Yes, for outpatient care only.
3. Yes, if residing in the household of the 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,            No....................  1, 2..................  2.....................  2....................  2.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  3.....................  3....................  3.
Children, Unmarried, 21 Years and   No....................  1, 4..................  5.....................  5....................  5.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  2.....................  2....................  2.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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,            No....................  1, 2..................  No....................  No...................  No.
     stepchild, illegitimate child
     of member, or illegitimate
     child of spouse.
    Ward..........................  No....................  No....................  No....................  No...................  No.
Children, Unmarried, 21 Years and   No....................  1, 2, 3...............  No....................  No...................  No.
 Over.
Parent, Parent-in-Law, Stepparent,  No....................  No....................  No....................  No...................  No.
 or Parent by Adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


[[Page 11196]]


0
21. Amend Sec.  161.23 by:
0
a. Revising Tables 11, 17, 22, 23, 25, 36, and 37 to Subpart D of Part 
161;
0
b. In paragraph (g)(4), adding ``Full-time paid personnel of the'' 
before ``USO serving outside the United States.'' and
0
c. Revising paragraph (k) introductory text and paragraph (k)(2).
    The revisions read as follows:


Sec.  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   DD Form 214 (Note 2) or Military
 active duty.                        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      Travel authorization (Note 1).
 contractor, Intergovernmental Personnel
 Act personnel, non-DoD government
 agency civilian personnel under DoD
 sponsorship.
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.

* * * * *

[[Page 11197]]



  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      Travel authorization (Note 1)
 contractor, Intergovernmental Personnel   and SPOT LOA (Note 2, 3).
 Act personnel, non-DoD government
 agency civilian personnel under DoD
 sponsorship, DoD contractor authorized
 to accompany the Armed Forces (CAAF).
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   Written statement signed by the
 (Note 1).                           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.


[[Page 11198]]

* * * * *

  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


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