DoD Identity Management, 76325-76330 [2016-26416]

Download as PDF Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS RACCs for previously established product categories and established RACCs for new products and product categories. The preamble to the 2016 final rule explained in the response to the comment on nut cocoa-based spreads that the primary usage of hazelnut spread, which was a reference to nut cocoa-based spreads such as ‘‘Nutella’’ discussed in the comment, is as a spread for bread instead of as a dessert topping (81 FR 34000 at 34029 to 34030). However, with respect to specific assertions raised in the March 10, 2016, comment, we responded that, while we recognize a need for an RACC for hazelnut spread outside of the dessert product category,’’ and agreed that the primary usage of hazelnut spread is as a spread for bread instead of as a dessert topping because the proposed rule was silent about an RACC for hazelnut spread, and because we intended to provide the opportunity for public comment on this specific issue, we intended to consider whether to move hazelnut spread to a different appropriate product category in a future rulemaking’’ (81 FR 34000 at 34029). This notification of request for comments represents the first step of our evaluation of the appropriate RACC and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), which we consider to include ‘‘nut cocoa-based spread’’ as described in the citizen petition and comment to the 2014 proposed rule. B. Products Used as a Filling for Cupcakes and Other Desserts In response to the 2014 proposed rule, one comment requested that we establish an RACC for icing intended for use as cupcake filling. In the preamble to the 2016 final rule, we said that we recognize a need for an RACC for this specific food product as well as for other types of cake or pastry fillings,’’ but we further explained that, because the proposed rule was silent about an RACC for cupcake filling, and because we intended to provide the opportunity for public comment on this specific issue, we intend to establish an RACC for this product category in future rulemaking’’ (81 FR 34000 at 34029). This notification of request for comments represents the first step of our evaluation of the appropriate RACC and product category for products used as a filling for cupcakes and other desserts. II. Other Issues for Consideration We invite interested persons to comment on the appropriate RACC and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 flavored), and products used as fillings for cupcakes and other desserts, such as cakes and pastries. In responding to the specific questions identified in this notice, please provide additional data and information that you believe we should consider. Please thoroughly explain your reasoning and provide data and other information to support your comments and responses to these questions. If you submit data, please also provide information regarding the type of survey or study conducted, research methodology, sampling frame, results of statistical analyses, and any other information needed to interpret the data. We are particularly interested in responses to the following questions: • What additional data and information are available to determine the customary consumption amounts of and appropriate product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? • What is the major intended use of flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? • What other products on the market, if any, are similar to flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored) compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products? • What additional data and information are available regarding the customary consumption amounts and product category of products used as fillings for cupcakes and other desserts, such as cakes and pastries? • What is the major intended use of fillings for cupcakes and other desserts, such as cakes and pastries? • What other products on the market, if any, are similar to cupcake filling, such as cakes and pastries fillings? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do fillings for cupcakes and other desserts, such as cakes and pastries, compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products? III. References The following references are on display in the Division of Dockets PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 76325 Management (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they are also available electronically at http:// www.regulations.gov. 1. Park, Y., Memorandum to the File, List of Products for Each Product Category, October 8, 1992. 2. Ferrero Inc., Comment to the Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Proposed Rule. August 1, 2014. Dated: October 27, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016–26407 Filed 11–1–16; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 221 [Docket ID: DOD–2015–OS–0054] RIN 0790–AJ36 DoD Identity Management Under Secretary of Defense for Personnel and Readiness (USD(P&R)), DoD. ACTION: Proposed rule. AGENCY: This rulemaking establishes implementation guidelines for DS Logon to provide a secure means of authentication to applications containing personally identifiable information (PII) and personal health information (PHI). This will allow beneficiaries and other individuals with a continuing affiliation with DoD to update pay or health-care information in a secure environment. This service can be accessed by active duty, National Guard and Reserve, and Commissioned Corps members of the uniformed services when separating from active duty or from the uniformed service. DATES: Comments must be received by January 3, 2017. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, SUMMARY: E:\FR\FM\02NOP1.SGM 02NOP1 76326 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules Mailbox #24, Alexandria, VA 22350– 1700. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. Mr. Robert Eves, Defense Human Resources Activity, 571–372–1956. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background This proposed rule describes procedures for obtaining a DS Logon credential for all active duty, National Guard and Reserve, and Commissioned Corps members of the uniformed services when separating from active duty or from the uniformed service. It discusses how credential holders may maintain and update their credentials and manage their personal settings. Finally, it discusses the permissions credential holders have to access their information, who has access to view and edit their information, and who is eligible to act on their behalf. DoD collects and maintains information on Service members, beneficiaries, DoD employees, and other individuals affiliated with the DoD in order to issue DoD identification (ID) cards that facilitate access to DoD benefits, DoD installations, and DoD information systems. This action formally establishes DoD policy requirements for DoD Self-Service (DS) Logon credentials that are used to facilitate logical access to self-service Web sites. This regulatory action will update the CFR for DoD Manual (DoDM) 1341.02, volume 1, ‘‘DoD Identity Management: DoD Self-Service (DS) Logon Program and Credential. ehiers on DSK5VPTVN1PROD with PROPOSALS Authorities The DoD PIP Program uses emerging technologies to support the protection of individual identity and to assist with safeguarding DoD physical assets, networks, and systems from unauthorized access based on fraudulent or fraudulently obtained credentials. DEERS is the authoritative data source for identity and verification of affiliation with the DoD in accordance with the DoD PIP Program. Specific authorities are listed below. VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 • Title 10 U.S.C. 1044a. This section establishes the authority for a Judge Advocate, other member of the armed forces, designated by law and regulations, or other eligible persons to have the powers to act as a notary. The persons identified in Title 10 U.S.C. 1044a subsection (b) have the general power of a notary and may notarize a completed and signed DD Form 3005, ‘‘Application for Surrogate Association for DoD Self-Service (DS) Logon.’’ • DoD Instruction 1000.25, ‘‘DoD Personnel Identity Protection (PIP) Program’’ (available at http:// www.dtic.mil/whs/directives/corres/pdf/ 100025p.pdf). This issuance establishes minimum acceptable criteria for the establishment and confirmation of personal identity and for the issuance of DoD personnel identity verification credentials. • DoD Instruction 1341.2, ‘‘Defense Enrollment Eligibility Reporting System (DEERS) Procedures’’ (available at http://www.dtic.mil/whs/directives/ corres/pdf/134102p.pdf). This issuance establishes DEERS as the authoritative data source for identity and verification of affiliation with the DoD, and benefit eligibility to include medical, dental, and pharmacy. • Office of Management and Budget M–04–04, ‘‘E-Authentication Guidance for Federal Agencies’’ (available at www.whitehouse.gov/sites/default/files/ omb/memoranda/fy04/m04-04.pdf). This memorandum requires agencies to review new and existing electronic transactions to ensure that authentication processes provide the appropriate level of assurance, establishing and describing four levels of identity assurance for electronic transactions requiring authentication. • 32 CFR part 310. This CFR part established the DoD Privacy Program in accordance with the provisions of the Privacy Act of 1974, and prescribes uniform procedures for the implementation of and compliance with the DoD Privacy Program. Costs and Benefits of This Regulatory Action The annual operating costs for the DS Logon program are approximately $1,265,305.35. Based on 6 million active users, the cost per user is about $0.21. The benefits include extending a secure means of authentication to PII and PHI to all DoD beneficiaries and other individuals with a continuing affiliation with DoD who previously had no logical access. Only one DS Logon credential may exist for an individual eliminating separate username/password combinations for each application to be accessed, allowing users to better PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 manage their means of authentication to DoD information systems. The DS Logon credentials are credentialed at National Institute of Standards and Technology (NIST) e-authentication levels 1, 2, and 3, in accordance with NIST Special Publication 800–63–2 (available at: http://nvlpubs.nist.gov/nistpubs/ SpecialPublications/NIST.SP.800-632.pdf), and at Credential Strength A and B, in accordance with DoDI 8520.03 (available at: http://www.dtic.mil/whs/ directives/corres/pdf/852003.pdf, meeting the required sensitivity level for access to self-service personal information. Regulatory Procedures Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ Executive Orders 13563 and 12866 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, distribute 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 designated a ‘‘significant regulatory action,’’ although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the proposed rule has been reviewed by the Office of Management and Budget (OMB). Section 202, Public Law 104–4, ‘‘Unfunded Mandates Reform Act’’ Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4) requires agencies 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. In 2014, that threshold is approximately $141 million. This proposed rule would 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. 601) The Department of Defense certifies that this proposed rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial E:\FR\FM\02NOP1.SGM 02NOP1 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS 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) Section 221.6(d)(2)(i)(A) of this proposed rule contains information collection requirements. DoD has submitted the following proposal to OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (2) the accuracy of the estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. Title: Application for Surrogate Association for DoD Self-Service (DS) Logon. Type of Request: New. Number of Respondents: 5,000. Responses per Respondent: 1. Annual Responses: 5,000. Average Burden per Response: 2 minutes. Annual Burden Hours: 167 hours. Needs and Uses: This information collection is consistent with Department of Defense (DoD) guidelines that have been outlined in draft DoD Manual (DoDM) 1341.02, volume 1, ‘‘DoD Identity Management: DoD Self-Service (DS) Logon Program and Credential,’’ which authorizes Defense Enrollment Eligibility Reporting System (DEERS) enrollment and DS Logon credential issuance to surrogates. A surrogate may be established as the custodian of a deceased Service member’s unmarried minor child(ren) who is under 18, who is at least 18 but under 23 and attending school full-time, or who is incapacitated. A surrogate may also be established as the agent of an incapacitated dependent (e.g., spouse, parent) or of a wounded, ill, or incapacitated Service member. This information collection is needed to obtain the necessary data to establish eligibility for a DS Logon credential and enrollment in DEERS. This information shall be used to establish an individual’s eligibility for DEERS enrollment and DS Logon credential issuance as a surrogate. Once this information has been collected, a record will be established in DEERS and VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 a DS Logon credential issued in accordance with DoDM 1341.02, volume 1. The information that is collected may be released to Federal and State agencies and private entities, on matters relating to utilization review, professional quality assurance, program integrity, civil and criminal litigation, and access to Federal government facilities, computer systems, networks, and controlled areas. Affected Public: 5,000. Frequency: On occasion. Respondent’s Obligation: Required to obtain DEERS enrollment and a DS Logon credential as a surrogate. OMB Desk Officer: Jasmeet Seehra. Written comments and recommendations on the proposed information collection should be sent to Jasmeet Seehra at Oira_submission@ omb.eop.gov, with a copy to the Defense Human Resources Activity, Suite 06J25, 4800 Mark Center Drive, Alexandria, Virginia 22350–4000. Comments can be received from 30 to 60 days after the date of publication of this proposed rule, but comments to OMB will be most useful if received by OMB within 30 days after the date of publication of this proposed rule. You may also submit comments, identified by docket number and title, by the following method: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Defense Human Resources Activity, Suite 06J25, 4800 Mark Center Drive, Alexandria, Virginia 22350–4000; Mr. Robert Eves; 571–372– 1956. Executive Order 13132, ‘‘Federalism’’ Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This proposed rule will not have a PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 76327 substantial effect on State and local governments. List of Subjects in 32 CFR Part 221 Identity management, Identification cards, Logon credentials. ■ Accordingly, 32 CFR part 221 is proposed to be added to read as follows: PART 221—DOD IDENTITY MANAGEMENT Sec. 221.1 221.2 221.3 221.4 221.5 221.6 Purpose. Applicability. Definitions. Policy. Responsibilities. Procedures. Authority: 10 U.S.C. 1044a. § 221.1 Purpose. (a) The purpose of the overall part is to implement policy, assign responsibilities, and provide procedures for DoD personnel identification. (b) This part establishes implementation guidelines for DS Logon. § 221.2 Applicability. This part applies to: (a) The Office of the Secretary, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the ‘‘DoD Components’’). (b) The Commissioned Corps of the U.S. Public Health Service (USPHS), under agreement with the Department of Health and Human Services, and the National Oceanic and Atmospheric Administration (NOAA), under agreement with the Department of Commerce. § 221.3 Definitions. Unless otherwise noted, the following terms and their definitions are for the purposes of this part: Beneficiary. Individuals affiliated with the DoD that may be eligible for benefits or entitlements. Certified copy. A copy of a document that is certified as a true original and: (1) Conveys the appropriate seal or markings of the issuer; (2) Has a means to validate the authenticity of the document by a reference or source number; E:\FR\FM\02NOP1.SGM 02NOP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 76328 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules (3) Is a notarized legal document or other document approved by a judge advocate, member of any of the armed forces, or other eligible person in accordance with 10 U.S.C. 1044a; or (4) Has the appropriate certificate of authentication by a U.S. Consular Officer in the foreign country of issuance which attests to the authenticity of the signature and seal. DoD beneficiary (DB). Beneficiaries who qualify for DoD benefits or entitlements in accordance with National Institute of Science and Technology Special Publication 800– 63–2, ‘‘Electronic Authentication Guideline’’ (available at http:// nvlpubs.nist.gov/nistpubs/ SpecialPublications/NIST.SP.800-632.pdf). This population may include widows, widowers, and eligible former spouses. Dependent. An individual whose relationship to the sponsor leads to entitlement to benefits and privileges. DS Logon credential. A username and password to allow Service members, beneficiaries, and other individuals affiliated with the DoD secure access to self-service Web sites. DS Logon credential holder. A Service member, beneficiary, and other individual affiliated with the DoD who has applied for and received a DS Logon credential. Former member. An individual who is eligible for, or entitled to, retired pay for non-regular service in accordance with 31 U.S.C. chapter 1223, but who has been discharged from the Service and who maintains no military affiliation. Former spouse. An individual who was married to a uniformed services member for at least 20 years, and the member had at least 20 years of service creditable toward retirement, and the marriage overlapped as follows: (1) Twenty years marriage, 20 years creditable service for retirement, and 20 years overlap between the marriage and the service (referred to as 20/20/20). The benefits eligibility begins on the date of divorce; (2) Twenty years marriage, 20 years creditable service for retirement, and 15 years overlap between the marriage and the service (referred to as 20/20/15). The benefits eligibility begins on the date of divorce; or (3) A spouse whose marriage was terminated from a uniformed service member who has their eligibility to receive retired pay terminated as a result of misconduct based on Servicedocumented abuse of the spouse and has 10 years of marriage, 20 years of creditable service for retirement, 10 years of overlap between the marriage VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 and the service (referred to as 10/20/10). The benefits eligibility begins on the date of divorce. Legal guardian (LG). The terms ‘‘guardian’’ and ‘‘conservator’’ are used synonymously. Some States may limit the authority of a guardian to specific types of health care decisions; a court may also impose limitations on the health care decisions. Surrogate. A person who has been delegated authority, either by an eligible individual who is at least 18 years of age and mentally competent to consent or by a court of competent jurisdiction in the United States (or possession of the United States), to act on behalf of the eligible individual in a specific role. Widow. The female spouse of a deceased member of the uniformed services. Widower. The male spouse of a deceased member of the uniformed services. § 221.4 Policy. In accordance with DoD Directive 1000.25, ‘‘DoD Personnel Identity Protection (PIP) Program’’ (available at http://www.dtic.mil/whs/directives/ corres/pdf/100025p.pdf), DoD Instruction 1341.2, ‘‘Defense Enrollment Eligibility Reporting System (DEERS) Procedures’’ (available at http:// www.dtic.mil/whs/directives/corres/pdf/ 134102p.pdf), Office of Management and Budget M–04–04, ‘‘EAuthentication Guidance for Federal Agencies’’ (available at www.whitehouse.gov/sites/default/files/ omb/memoranda/fy04/m04-04.pdf) and 32 CFR part 310, it is DoD policy that DoD will provide a secure means of authentication to PII and personal health information (PHI) for all beneficiaries and other individuals with a continuing affiliation with DoD. § 221.5 Responsibilities. (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) oversees implementation of the procedures within this part. (b) Under the authority, direction, and control of the USD(P&R), and in addition to the responsibilities in paragraph (c) of this section, the Director, DoDHRA, through the Director, DMDC: (1) Approves the addition or elimination of population categories for DS Logon eligibility. (2) Develops and fields the required Defense Enrollment Eligibility Reporting System (DEERS) and RAPIDS infrastructure and all elements of field support required to support the management of the DS Logon credential including, but not limited to, issuance, PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 storage, maintenance, and customer service. (3) Obtains and distributes DS Logon credentials, and provides a secure means for delivery. (c) The DoD Component heads: (1) Comply with this part and distribute this guidance to applicable stakeholders. (2) Provide manpower for issuance of DS Logon credentials and instruction for use to all eligible individuals who are requesting a DS Logon credential in conjunction with the issuance of a DoD identification (ID) card or who are applying for a DS Logon credential as a surrogate, when responsible for a DoD ID card site(s). (d) The Secretaries of the Military Departments, in addition to the responsibilities in paragraph (c) of this section, and the heads of the non-DoD uniformed services: (1) Comply with this part and distribute this guidance to applicable stakeholders. (2) Provide manpower for issuance of DS Logon credentials and instruction for use to all eligible individuals who are requesting a DS Logon credential in conjunction with the issuance of a DoD ID card or who are applying for a DS Logon credential as a surrogate. (3) Ensure all Active Duty, National Guard and Reserve, and Commissioned Corps members of their uniformed services obtain a DS Logon credential when separating from active duty or from the uniformed service. § 221.6 Procedures. (a) General. A DS Logon credential will be made available to all beneficiaries that are eligible for DoDrelated benefits or entitlements to facilitate secure authentication to critical Web sites. This includes members of the uniformed services, veterans with a continuing affiliation to the DoD, spouses, dependent children aged 18 and over, and other eligible individuals identified in paragraph (b) of this section. (b) Overview. Only one DS Logon credential may exist for an individual, regardless of the number of affiliations an individual may have to the DoD. (1) Eligibility. Beneficiaries of DoDrelated benefits or entitlements and other individuals with a continuing affiliation with the DoD may be eligible for a DS Logon credential. Eligible populations include: (i) Veterans, including former members, retirees, Medal of Honor recipients, disabled American veterans, and other veterans with a continuing affiliation to the DoD. (ii) Retired DoD civilian employees, including retired NOAA Wage Mariners. E:\FR\FM\02NOP1.SGM 02NOP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules (iii) Eligible dependents in accordance with volume 2 of DoD Manual 1000.13, ‘‘DoD Identification (ID) Cards: Benefits for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals’’ (available at http://www.dtic.mil/whs/ directives/corres/pdf/100013_vol2.pdf), including spouses, dependent children aged 18 or older, and dependent parents. (iv) DBs, including eligible widows, widowers, and former spouses, in accordance with volume 2 of DoD Manual 1000.13. (v) Surrogates, as described in paragraph (d) of this section. (vi) Other populations as determined by the Director, DMDC. (c) Lifecycle—(1) Application. Eligible individuals, as identified in paragraph (b)(1) of this section, may apply for a DS Logon credential: (i) Online. Individuals with Internet access may apply for a sponsor or dependent DS Logon by submitting a: (A) My Access Center Web site request. This type of request supports the provisioning of a Basic DS Logon credential. The My Access Center Web site can be accessed at https:// myaccess.dmdc.osd.mil/. (B) CAC request. Individuals with a CAC, a computer with Internet access and a CAC reader may apply for either a sponsor or a dependent DS Logon credential via the My Access Center Web site or any application that has implemented DS Logon. (1) A sponsor DS Logon credential is provisioned immediately upon request. This type of request supports the provisioning of a Premium DS Logon credential. (2) A request for a DS Logon credential on behalf of a dependent generates an activation letter with an activation code that is mailed to the sponsor at his or her home address in DEERS. Once complete, this type of request supports the provisioning of a Premium DS Logon credential. (C) Request using a Defense Finance and Accounting Services (DFAS) myPay account. Eligible individuals may apply for a sponsor or dependent DS Logon credential using a DFAS myPay personal identification number via the My Access Center Web site. A request for a DS Logon credential generates an activation letter with an activation code that is mailed to the sponsor at his or her home address in DEERS. Once complete, this type of request supports the provisioning of a Premium DS Logon credential. (ii) Via remote proofing. Eligible individuals with an existing DEERS record may apply for a sponsor or VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 dependent DS Logon credential using remote proofing via the My Access Center Web site. Individuals requesting a DS Logon credential via remote proofing must correctly answer a number of system-generated questions. Once remote proofing is completed, a Premium DS Logon credential is provisioned immediately. (iii) Via in-person proofing. Eligible individuals may apply for a sponsor or dependent DS Logon credential using in-person proofing. In-person proofing is performed at Department of Veterans Affairs regional offices where the DS access station application is implemented, and at DoD ID card sites when a DS Logon credential is requested either in conjunction with DoD ID card issuance or during initial enrollment of a surrogate. Once inperson proofing is completed, a Premium DS Logon credential is provisioned immediately. Individuals requesting a DS Logon credential via inperson proofing must present: (A) Identity documents. DS Logon credential applicants must satisfy the identity verification criteria in paragraph 4a of volume 1 of DoD Manual 1000.13, ‘‘DoD Identification (ID) Cards: ID Card Life-Cycle’’ (available at http://www.dtic.mil/whs/ directives/corres/pdf/100013_vol1.pdf) by presenting two forms of governmentissued ID, one of which must contain a photograph. The requirement for the primary ID to have a photo cannot be waived. Identity documents must be original or a certified copy. All documentation not in English must have a certified English translation. (B) Proof of address. DS Logon credential applicants must present proof of address, if address on the presented ID is different than the address in DEERS. (C) DD Form 214, ‘‘Certificate of Release or Discharge from Active Duty.’’ DS Logon credential applicants must present a DD Form 214 if a veteran who was separated before 1982. If separated from the Reserve Component, a DS Logon credential applicant may present a Reserve Component separation document in lieu of a DD Form 214. (2) Use. DS Logon credential holders may use their DS Logon credential at the My Access Center Web site and any other DoD self-service Web site that accepts DS Logon. (3) Maintenance. DS Logon credential holders may use the My Access Center Web site to maintain and update their DS Logon credential and manage their personal settings. The DS Logon credential holder may: (i) Activate or deactivate an account. (ii) Reset password. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 76329 (iii) Update challenge questions and answers. (iv) Upgrade from a Basic DS Logon to a Premium DS Logon credential. (v) Select or update preferred sponsor, if a dependent of two sponsors. (vi) Manage personal and advanced security settings. (vii) Manage contact information. (viii) Manage relationships and access granting. (ix) Manage the DS Logon credential using additional capabilities as implemented by the Director, DMDC. (4) Decomissioning. DS Logon credentials may be decommissioned by the DS Logon credential holder, via selfservice; by an operator, at the request of the DS Logon credential holder; or by the system, when the credential holder no longer has an affiliation to the DoD or is identified as deceased in DEERS. (5) Reactivation. DS Logon credentials may be reactivated if the person is living and still eligible for the credential. (d) Associations. DS Logon supports several types of associations, including DEERS-identified family relationships and operator-initiated and -approved surrogates. (1) Family. Individuals are connected to one another based on their family relationship information in DEERS. A family relationship must exist in DEERS before the relationship can exist in DS Logon. (i) Multiple sponsors. An individual has only one DS Logon credential, regardless of the number of sponsors the individual has (e.g., a dependent child whose parents are both Service members). (ii) Transferring families. If an individual has a second family in DEERS, the individual can move their DS Logon credential to the second family. This changes the assignment of the DS Logon credential from the first family to the second family and removes any granted permissions from the first family. (2) Surrogacy. Surrogacy is a feature that allows an individual who may not be affiliated with the DoD and who may not be related to the DS Logon credential holder or eligible individual by a DoD-recognized family relationship to be granted access to a DS Logon credential holder’s or an eligible individual’s information. A surrogate may be established as the custodian of a deceased Service member’s unmarried minor child(ren) who is under 18, who is at least 18 but under 23 and attending school full-time, or who is incapacitated. A surrogate may also be established as the agent of an incapacitated dependent (e.g., spouse, E:\FR\FM\02NOP1.SGM 02NOP1 76330 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS parent) or of a wounded, ill, or incapacitated Service member. (i) Eligibility. An operator must first establish an identity in DEERS before establishing the surrogacy association in DS Logon. To establish a surrogate association, the surrogate must present to an operator for approval: (A) A completed and signed DD Form 3005, ‘‘Application for Surrogate Association for DoD Self-Service (DS) Logon.’’ (B) Any additional eligibility documents required by the DD Form 3005 which describe the scope of the surrogate’s authority. (C) Proof of identity, in accordance with the requirements for in-person proofing in paragraph (c)(1)(iii) of this section. (ii) Types of surrogates—(A) Financial agent (FA). An eligible individual names an FA to assist with specific financial matters. (B) Legal agent (LA). An eligible individual names an LA to assist with legal matters. (C) Caregiver (CG). An eligible individual names a CG to assist with general health care requirements (example, viewing general health-care related information, scheduling appointments, refilling prescriptions, and tracking medical expenses), but does not make health care decisions. (D) Health care agent (HA). An eligible individual (the patient) names an HA in a durable power of attorney for health care documents to make health care decisions. (E) Legal guardian (LG). An LG is appointed by a court of competent jurisdiction in the United States (or jurisdiction of the United States) to VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 make legal decisions for an eligible individual. (F) Special guardian (SG). An SG is appointed by a court of competent jurisdiction in the United States (or jurisdiction of the United States) for the specific purpose of making health carerelated decisions for an eligible individual. (e) Permissions. A sponsor, a sponsor’s spouse, and a sponsor’s dependent over the age of 18 can manage who has access to their information (i.e., who has access to view and edit their information and who is eligible to act on their behalf). The provisions of this section may be superseded by order of a court of competent jurisdiction. (1) Sponsor access. Sponsors will automatically have access to the information of all dependents under the age of 18. (2) Spousal access—(i) Automatic. A sponsor’s spouse will automatically have access to the information of all dependent children under the age of 18 whose relationship to the sponsor began on or after the date of marriage of the sponsor and sponsor’s spouse. (ii) Sponsor-granted. The sponsor may grant the sponsor’s spouse access to the information of dependent children under the age of 18 whose relationship to the sponsor began before the date of marriage of the sponsor and the sponsor’s spouse. (3) Granted access. A sponsor, a sponsor’s spouse, and a sponsor’s dependent over the age of 18 may grant access to their information via the My Access Center Web site in accordance with paragraph (c)(3) of this section. Surrogate access to the information of a PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 sponsor, a sponsor’s spouse, and a sponsor’s dependent (regardless of age) must be granted via in-person proofing, including the submission of eligibility documents to an operator for approval in accordance with paragraph (d)(2) of this section. (i) Access granting by a sponsor. Sponsors may grant their spouse access to the sponsor’s information and the information of any sponsor’s dependents under the age of 18. Access to the sponsor’s information and the information of any sponsor’s dependents under the age of 18 may not be granted to any other sponsor’s dependent, unless that dependent has been identified as a surrogate. (ii) Access granting by a spouse. Spouses may grant the sponsor access to the spouse’s information. Access to the spouse’s information may not be granted to any other sponsor’s dependent, unless that sponsor’s dependent has been identified as a surrogate. (iii) Access granting by a dependent over 18. A sponsor’s dependent over the age of 18 may grant the sponsor and the sponsor’s spouse access to the dependent’s information. Access to the information of a sponsor’s dependent over the age of 18 may not be granted to any other sponsor’s dependent, unless that sponsor’s dependent has been identified as a surrogate. Dated: October 27, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016–26416 Filed 11–1–16; 8:45 am] BILLING CODE 5001–06–P E:\FR\FM\02NOP1.SGM 02NOP1

Agencies

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Proposed Rules]
[Pages 76325-76330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26416]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 221

[Docket ID: DOD-2015-OS-0054]
RIN 0790-AJ36


DoD Identity Management

AGENCY: Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)), DoD.

ACTION: Proposed rule.

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SUMMARY: This rulemaking establishes implementation guidelines for DS 
Logon to provide a secure means of authentication to applications 
containing personally identifiable information (PII) and personal 
health information (PHI). This will allow beneficiaries and other 
individuals with a continuing affiliation with DoD to update pay or 
health-care information in a secure environment. This service can be 
accessed by active duty, National Guard and Reserve, and Commissioned 
Corps members of the uniformed services when separating from active 
duty or from the uniformed service.

DATES: Comments must be received by January 3, 2017.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive,

[[Page 76326]]

Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

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

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule describes procedures for obtaining a DS Logon 
credential for all active duty, National Guard and Reserve, and 
Commissioned Corps members of the uniformed services when separating 
from active duty or from the uniformed service. It discusses how 
credential holders may maintain and update their credentials and manage 
their personal settings. Finally, it discusses the permissions 
credential holders have to access their information, who has access to 
view and edit their information, and who is eligible to act on their 
behalf.
    DoD collects and maintains information on Service members, 
beneficiaries, DoD employees, and other individuals affiliated with the 
DoD in order to issue DoD identification (ID) cards that facilitate 
access to DoD benefits, DoD installations, and DoD information systems. 
This action formally establishes DoD policy requirements for DoD Self-
Service (DS) Logon credentials that are used to facilitate logical 
access to self-service Web sites. This regulatory action will update 
the CFR for DoD Manual (DoDM) 1341.02, volume 1, ``DoD Identity 
Management: DoD Self-Service (DS) Logon Program and Credential.

Authorities

    The DoD PIP Program uses emerging technologies to support the 
protection of individual identity and to assist with safeguarding DoD 
physical assets, networks, and systems from unauthorized access based 
on fraudulent or fraudulently obtained credentials. DEERS is the 
authoritative data source for identity and verification of affiliation 
with the DoD in accordance with the DoD PIP Program. Specific 
authorities are listed below.
     Title 10 U.S.C. 1044a. This section establishes the 
authority for a Judge Advocate, other member of the armed forces, 
designated by law and regulations, or other eligible persons to have 
the powers to act as a notary. The persons identified in Title 10 
U.S.C. 1044a subsection (b) have the general power of a notary and may 
notarize a completed and signed DD Form 3005, ``Application for 
Surrogate Association for DoD Self-Service (DS) Logon.''
     DoD Instruction 1000.25, ``DoD Personnel Identity 
Protection (PIP) Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/100025p.pdf). This issuance establishes minimum 
acceptable criteria for the establishment and confirmation of personal 
identity and for the issuance of DoD personnel identity verification 
credentials.
     DoD Instruction 1341.2, ``Defense Enrollment Eligibility 
Reporting System (DEERS) Procedures'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134102p.pdf). This issuance 
establishes DEERS as the authoritative data source for identity and 
verification of affiliation with the DoD, and benefit eligibility to 
include medical, dental, and pharmacy.
     Office of Management and Budget M-04-04, ``E-
Authentication Guidance for Federal Agencies'' (available at 
www.whitehouse.gov/sites/default/files/omb/memoranda/fy04/m04-04.pdf). 
This memorandum requires agencies to review new and existing electronic 
transactions to ensure that authentication processes provide the 
appropriate level of assurance, establishing and describing four levels 
of identity assurance for electronic transactions requiring 
authentication.
     32 CFR part 310. This CFR part established the DoD Privacy 
Program in accordance with the provisions of the Privacy Act of 1974, 
and prescribes uniform procedures for the implementation of and 
compliance with the DoD Privacy Program.

Costs and Benefits of This Regulatory Action

    The annual operating costs for the DS Logon program are 
approximately $1,265,305.35. Based on 6 million active users, the cost 
per user is about $0.21. The benefits include extending a secure means 
of authentication to PII and PHI to all DoD beneficiaries and other 
individuals with a continuing affiliation with DoD who previously had 
no logical access. Only one DS Logon credential may exist for an 
individual eliminating separate username/password combinations for each 
application to be accessed, allowing users to better manage their means 
of authentication to DoD information systems. The DS Logon credentials 
are credentialed at National Institute of Standards and Technology 
(NIST) e-authentication levels 1, 2, and 3, in accordance with NIST 
Special Publication 800-63-2 (available at: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-2.pdf), and at Credential 
Strength A and B, in accordance with DoDI 8520.03 (available at: http://www.dtic.mil/whs/directives/corres/pdf/852003.pdf, meeting the 
required sensitivity level for access to self-service personal 
information.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 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, distribute 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 designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the proposed rule has been reviewed 
by the Office of Management and Budget (OMB).

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies 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. In 
2014, that threshold is approximately $141 million. This proposed rule 
would 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. 601)

    The Department of Defense certifies that this proposed rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial

[[Page 76327]]

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)

    Section 221.6(d)(2)(i)(A) of this proposed rule contains 
information collection requirements. DoD has submitted the following 
proposal to OMB under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35). Comments are invited on: (1) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; (2) the accuracy of the estimate of the burden of 
the proposed information collection; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Title: Application for Surrogate Association for DoD Self-Service 
(DS) Logon.
    Type of Request: New.
    Number of Respondents: 5,000.
    Responses per Respondent: 1.
    Annual Responses: 5,000.
    Average Burden per Response: 2 minutes.
    Annual Burden Hours: 167 hours.
    Needs and Uses: This information collection is consistent with 
Department of Defense (DoD) guidelines that have been outlined in draft 
DoD Manual (DoDM) 1341.02, volume 1, ``DoD Identity Management: DoD 
Self-Service (DS) Logon Program and Credential,'' which authorizes 
Defense Enrollment Eligibility Reporting System (DEERS) enrollment and 
DS Logon credential issuance to surrogates. A surrogate may be 
established as the custodian of a deceased Service member's unmarried 
minor child(ren) who is under 18, who is at least 18 but under 23 and 
attending school full-time, or who is incapacitated. A surrogate may 
also be established as the agent of an incapacitated dependent (e.g., 
spouse, parent) or of a wounded, ill, or incapacitated Service member.
    This information collection is needed to obtain the necessary data 
to establish eligibility for a DS Logon credential and enrollment in 
DEERS.
    This information shall be used to establish an individual's 
eligibility for DEERS enrollment and DS Logon credential issuance as a 
surrogate. Once this information has been collected, a record will be 
established in DEERS and a DS Logon credential issued in accordance 
with DoDM 1341.02, volume 1. The information that is collected may be 
released to Federal and State agencies and private entities, on matters 
relating to utilization review, professional quality assurance, program 
integrity, civil and criminal litigation, and access to Federal 
government facilities, computer systems, networks, and controlled 
areas.
    Affected Public: 5,000.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain DEERS enrollment and a 
DS Logon credential as a surrogate.
    OMB Desk Officer: Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Jasmeet Seehra at 
Oira_submission@omb.eop.gov, with a copy to the Defense Human Resources 
Activity, Suite 06J25, 4800 Mark Center Drive, Alexandria, Virginia 
22350-4000. Comments can be received from 30 to 60 days after the date 
of publication of this proposed rule, but comments to OMB will be most 
useful if received by OMB within 30 days after the date of publication 
of this proposed rule.
    You may also submit comments, identified by docket number and 
title, by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Defense Human Resources Activity, Suite 
06J25, 4800 Mark Center Drive, Alexandria, Virginia 22350-4000; Mr. 
Robert Eves; 571-372-1956.
Executive Order 13132, ``Federalism''
    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 221

    Identity management, Identification cards, Logon credentials.

0
Accordingly, 32 CFR part 221 is proposed to be added to read as 
follows:

PART 221--DOD IDENTITY MANAGEMENT

Sec.
221.1 Purpose.
221.2 Applicability.
221.3 Definitions.
221.4 Policy.
221.5 Responsibilities.
221.6 Procedures.

    Authority: 10 U.S.C. 1044a.


Sec.  221.1  Purpose.

    (a) The purpose of the overall part is to implement policy, assign 
responsibilities, and provide procedures for DoD personnel 
identification.
    (b) This part establishes implementation guidelines for DS Logon.


Sec.  221.2  Applicability.

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


Sec.  221.3  Definitions.

    Unless otherwise noted, the following terms and their definitions 
are for the purposes of this part:
    Beneficiary. Individuals affiliated with the DoD that may be 
eligible for benefits or entitlements.
    Certified copy. A copy of a document that is certified as a true 
original and:
    (1) Conveys the appropriate seal or markings of the issuer;
    (2) Has a means to validate the authenticity of the document by a 
reference or source number;

[[Page 76328]]

    (3) Is a notarized legal document or other document approved by a 
judge advocate, member of any of the armed forces, or other eligible 
person in accordance with 10 U.S.C. 1044a; or
    (4) Has the appropriate certificate of authentication by a U.S. 
Consular Officer in the foreign country of issuance which attests to 
the authenticity of the signature and seal.
    DoD beneficiary (DB). Beneficiaries who qualify for DoD benefits or 
entitlements in accordance with National Institute of Science and 
Technology Special Publication 800-63-2, ``Electronic Authentication 
Guideline'' (available at http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-2.pdf). This population may include 
widows, widowers, and eligible former spouses.
    Dependent. An individual whose relationship to the sponsor leads to 
entitlement to benefits and privileges.
    DS Logon credential. A username and password to allow Service 
members, beneficiaries, and other individuals affiliated with the DoD 
secure access to self-service Web sites.
    DS Logon credential holder. A Service member, beneficiary, and 
other individual affiliated with the DoD who has applied for and 
received a DS Logon credential.
    Former member. An individual who is eligible for, or entitled to, 
retired pay for non-regular service in accordance with 31 U.S.C. 
chapter 1223, but who has been discharged from the Service and who 
maintains no military affiliation.
    Former spouse. An individual who was married to a uniformed 
services member for at least 20 years, and the member had at least 20 
years of service creditable toward retirement, and the marriage 
overlapped as follows:
    (1) Twenty years marriage, 20 years creditable service for 
retirement, and 20 years overlap between the marriage and the service 
(referred to as 20/20/20). The benefits eligibility begins on the date 
of divorce;
    (2) Twenty years marriage, 20 years creditable service for 
retirement, and 15 years overlap between the marriage and the service 
(referred to as 20/20/15). The benefits eligibility begins on the date 
of divorce; or
    (3) A spouse whose marriage was terminated from a uniformed service 
member who has their eligibility to receive retired pay terminated as a 
result of misconduct based on Service-documented abuse of the spouse 
and has 10 years of marriage, 20 years of creditable service for 
retirement, 10 years of overlap between the marriage and the service 
(referred to as 10/20/10). The benefits eligibility begins on the date 
of divorce.
    Legal guardian (LG). The terms ``guardian'' and ``conservator'' are 
used synonymously. Some States may limit the authority of a guardian to 
specific types of health care decisions; a court may also impose 
limitations on the health care decisions.
    Surrogate. A person who has been delegated authority, either by an 
eligible individual who is at least 18 years of age and mentally 
competent to consent or by a court of competent jurisdiction in the 
United States (or possession of the United States), to act on behalf of 
the eligible individual in a specific role.
    Widow. The female spouse of a deceased member of the uniformed 
services.
    Widower. The male spouse of a deceased member of the uniformed 
services.


Sec.  221.4  Policy.

    In accordance with DoD Directive 1000.25, ``DoD Personnel Identity 
Protection (PIP) Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/100025p.pdf), DoD Instruction 1341.2, ``Defense 
Enrollment Eligibility Reporting System (DEERS) Procedures'' (available 
at http://www.dtic.mil/whs/directives/corres/pdf/134102p.pdf), Office 
of Management and Budget M-04-04, ``E-Authentication Guidance for 
Federal Agencies'' (available at www.whitehouse.gov/sites/default/files/omb/memoranda/fy04/m04-04.pdf) and 32 CFR part 310, it is DoD 
policy that DoD will provide a secure means of authentication to PII 
and personal health information (PHI) for all beneficiaries and other 
individuals with a continuing affiliation with DoD.


Sec.  221.5  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) oversees implementation of the procedures within this part.
    (b) Under the authority, direction, and control of the USD(P&R), 
and in addition to the responsibilities in paragraph (c) of this 
section, the Director, DoDHRA, through the Director, DMDC:
    (1) Approves the addition or elimination of population categories 
for DS Logon eligibility.
    (2) Develops and fields the required Defense Enrollment Eligibility 
Reporting System (DEERS) and RAPIDS infrastructure and all elements of 
field support required to support the management of the DS Logon 
credential including, but not limited to, issuance, storage, 
maintenance, and customer service.
    (3) Obtains and distributes DS Logon credentials, and provides a 
secure means for delivery.
    (c) The DoD Component heads:
    (1) Comply with this part and distribute this guidance to 
applicable stakeholders.
    (2) Provide manpower for issuance of DS Logon credentials and 
instruction for use to all eligible individuals who are requesting a DS 
Logon credential in conjunction with the issuance of a DoD 
identification (ID) card or who are applying for a DS Logon credential 
as a surrogate, when responsible for a DoD ID card site(s).
    (d) The Secretaries of the Military Departments, in addition to the 
responsibilities in paragraph (c) of this section, and the heads of the 
non-DoD uniformed services:
    (1) Comply with this part and distribute this guidance to 
applicable stakeholders.
    (2) Provide manpower for issuance of DS Logon credentials and 
instruction for use to all eligible individuals who are requesting a DS 
Logon credential in conjunction with the issuance of a DoD ID card or 
who are applying for a DS Logon credential as a surrogate.
    (3) Ensure all Active Duty, National Guard and Reserve, and 
Commissioned Corps members of their uniformed services obtain a DS 
Logon credential when separating from active duty or from the uniformed 
service.


Sec.  221.6  Procedures.

    (a) General. A DS Logon credential will be made available to all 
beneficiaries that are eligible for DoD-related benefits or 
entitlements to facilitate secure authentication to critical Web sites. 
This includes members of the uniformed services, veterans with a 
continuing affiliation to the DoD, spouses, dependent children aged 18 
and over, and other eligible individuals identified in paragraph (b) of 
this section.
    (b) Overview. Only one DS Logon credential may exist for an 
individual, regardless of the number of affiliations an individual may 
have to the DoD.
    (1) Eligibility. Beneficiaries of DoD-related benefits or 
entitlements and other individuals with a continuing affiliation with 
the DoD may be eligible for a DS Logon credential. Eligible populations 
include:
    (i) Veterans, including former members, retirees, Medal of Honor 
recipients, disabled American veterans, and other veterans with a 
continuing affiliation to the DoD.
    (ii) Retired DoD civilian employees, including retired NOAA Wage 
Mariners.

[[Page 76329]]

    (iii) Eligible dependents in accordance with volume 2 of DoD Manual 
1000.13, ``DoD Identification (ID) Cards: Benefits for Members of the 
Uniformed Services, Their Dependents, and Other Eligible Individuals'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/100013_vol2.pdf), including spouses, dependent children aged 18 or 
older, and dependent parents.
    (iv) DBs, including eligible widows, widowers, and former spouses, 
in accordance with volume 2 of DoD Manual 1000.13.
    (v) Surrogates, as described in paragraph (d) of this section.
    (vi) Other populations as determined by the Director, DMDC.
    (c) Lifecycle--(1) Application. Eligible individuals, as identified 
in paragraph (b)(1) of this section, may apply for a DS Logon 
credential:
    (i) Online. Individuals with Internet access may apply for a 
sponsor or dependent DS Logon by submitting a:
    (A) My Access Center Web site request. This type of request 
supports the provisioning of a Basic DS Logon credential. The My Access 
Center Web site can be accessed at https://myaccess.dmdc.osd.mil/.
    (B) CAC request. Individuals with a CAC, a computer with Internet 
access and a CAC reader may apply for either a sponsor or a dependent 
DS Logon credential via the My Access Center Web site or any 
application that has implemented DS Logon.
    (1) A sponsor DS Logon credential is provisioned immediately upon 
request. This type of request supports the provisioning of a Premium DS 
Logon credential.
    (2) A request for a DS Logon credential on behalf of a dependent 
generates an activation letter with an activation code that is mailed 
to the sponsor at his or her home address in DEERS. Once complete, this 
type of request supports the provisioning of a Premium DS Logon 
credential.
    (C) Request using a Defense Finance and Accounting Services (DFAS) 
myPay account. Eligible individuals may apply for a sponsor or 
dependent DS Logon credential using a DFAS myPay personal 
identification number via the My Access Center Web site. A request for 
a DS Logon credential generates an activation letter with an activation 
code that is mailed to the sponsor at his or her home address in DEERS. 
Once complete, this type of request supports the provisioning of a 
Premium DS Logon credential.
    (ii) Via remote proofing. Eligible individuals with an existing 
DEERS record may apply for a sponsor or dependent DS Logon credential 
using remote proofing via the My Access Center Web site. Individuals 
requesting a DS Logon credential via remote proofing must correctly 
answer a number of system-generated questions. Once remote proofing is 
completed, a Premium DS Logon credential is provisioned immediately.
    (iii) Via in-person proofing. Eligible individuals may apply for a 
sponsor or dependent DS Logon credential using in-person proofing. In-
person proofing is performed at Department of Veterans Affairs regional 
offices where the DS access station application is implemented, and at 
DoD ID card sites when a DS Logon credential is requested either in 
conjunction with DoD ID card issuance or during initial enrollment of a 
surrogate. Once in-person proofing is completed, a Premium DS Logon 
credential is provisioned immediately. Individuals requesting a DS 
Logon credential via in-person proofing must present:
    (A) Identity documents. DS Logon credential applicants must satisfy 
the identity verification criteria in paragraph 4a of volume 1 of DoD 
Manual 1000.13, ``DoD Identification (ID) Cards: ID Card Life-Cycle'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/100013_vol1.pdf) by presenting two forms of government-issued ID, one 
of which must contain a photograph. The requirement for the primary ID 
to have a photo cannot be waived. Identity documents must be original 
or a certified copy. All documentation not in English must have a 
certified English translation.
    (B) Proof of address. DS Logon credential applicants must present 
proof of address, if address on the presented ID is different than the 
address in DEERS.
    (C) DD Form 214, ``Certificate of Release or Discharge from Active 
Duty.'' DS Logon credential applicants must present a DD Form 214 if a 
veteran who was separated before 1982. If separated from the Reserve 
Component, a DS Logon credential applicant may present a Reserve 
Component separation document in lieu of a DD Form 214.
    (2) Use. DS Logon credential holders may use their DS Logon 
credential at the My Access Center Web site and any other DoD self-
service Web site that accepts DS Logon.
    (3) Maintenance. DS Logon credential holders may use the My Access 
Center Web site to maintain and update their DS Logon credential and 
manage their personal settings. The DS Logon credential holder may:
    (i) Activate or deactivate an account.
    (ii) Reset password.
    (iii) Update challenge questions and answers.
    (iv) Upgrade from a Basic DS Logon to a Premium DS Logon 
credential.
    (v) Select or update preferred sponsor, if a dependent of two 
sponsors.
    (vi) Manage personal and advanced security settings.
    (vii) Manage contact information.
    (viii) Manage relationships and access granting.
    (ix) Manage the DS Logon credential using additional capabilities 
as implemented by the Director, DMDC.
    (4) Decomissioning. DS Logon credentials may be decommissioned by 
the DS Logon credential holder, via self-service; by an operator, at 
the request of the DS Logon credential holder; or by the system, when 
the credential holder no longer has an affiliation to the DoD or is 
identified as deceased in DEERS.
    (5) Reactivation. DS Logon credentials may be reactivated if the 
person is living and still eligible for the credential.
    (d) Associations. DS Logon supports several types of associations, 
including DEERS-identified family relationships and operator-initiated 
and -approved surrogates.
    (1) Family. Individuals are connected to one another based on their 
family relationship information in DEERS. A family relationship must 
exist in DEERS before the relationship can exist in DS Logon.
    (i) Multiple sponsors. An individual has only one DS Logon 
credential, regardless of the number of sponsors the individual has 
(e.g., a dependent child whose parents are both Service members).
    (ii) Transferring families. If an individual has a second family in 
DEERS, the individual can move their DS Logon credential to the second 
family. This changes the assignment of the DS Logon credential from the 
first family to the second family and removes any granted permissions 
from the first family.
    (2) Surrogacy. Surrogacy is a feature that allows an individual who 
may not be affiliated with the DoD and who may not be related to the DS 
Logon credential holder or eligible individual by a DoD-recognized 
family relationship to be granted access to a DS Logon credential 
holder's or an eligible individual's information. A surrogate may be 
established as the custodian of a deceased Service member's unmarried 
minor child(ren) who is under 18, who is at least 18 but under 23 and 
attending school full-time, or who is incapacitated. A surrogate may 
also be established as the agent of an incapacitated dependent (e.g., 
spouse,

[[Page 76330]]

parent) or of a wounded, ill, or incapacitated Service member.
    (i) Eligibility. An operator must first establish an identity in 
DEERS before establishing the surrogacy association in DS Logon. To 
establish a surrogate association, the surrogate must present to an 
operator for approval:
    (A) A completed and signed DD Form 3005, ``Application for 
Surrogate Association for DoD Self-Service (DS) Logon.''
    (B) Any additional eligibility documents required by the DD Form 
3005 which describe the scope of the surrogate's authority.
    (C) Proof of identity, in accordance with the requirements for in-
person proofing in paragraph (c)(1)(iii) of this section.
    (ii) Types of surrogates--(A) Financial agent (FA). An eligible 
individual names an FA to assist with specific financial matters.
    (B) Legal agent (LA). An eligible individual names an LA to assist 
with legal matters.
    (C) Caregiver (CG). An eligible individual names a CG to assist 
with general health care requirements (example, viewing general health-
care related information, scheduling appointments, refilling 
prescriptions, and tracking medical expenses), but does not make health 
care decisions.
    (D) Health care agent (HA). An eligible individual (the patient) 
names an HA in a durable power of attorney for health care documents to 
make health care decisions.
    (E) Legal guardian (LG). An LG is appointed by a court of competent 
jurisdiction in the United States (or jurisdiction of the United 
States) to make legal decisions for an eligible individual.
    (F) Special guardian (SG). An SG is appointed by a court of 
competent jurisdiction in the United States (or jurisdiction of the 
United States) for the specific purpose of making health care-related 
decisions for an eligible individual.
    (e) Permissions. A sponsor, a sponsor's spouse, and a sponsor's 
dependent over the age of 18 can manage who has access to their 
information (i.e., who has access to view and edit their information 
and who is eligible to act on their behalf). The provisions of this 
section may be superseded by order of a court of competent 
jurisdiction.
    (1) Sponsor access. Sponsors will automatically have access to the 
information of all dependents under the age of 18.
    (2) Spousal access--(i) Automatic. A sponsor's spouse will 
automatically have access to the information of all dependent children 
under the age of 18 whose relationship to the sponsor began on or after 
the date of marriage of the sponsor and sponsor's spouse.
    (ii) Sponsor-granted. The sponsor may grant the sponsor's spouse 
access to the information of dependent children under the age of 18 
whose relationship to the sponsor began before the date of marriage of 
the sponsor and the sponsor's spouse.
    (3) Granted access. A sponsor, a sponsor's spouse, and a sponsor's 
dependent over the age of 18 may grant access to their information via 
the My Access Center Web site in accordance with paragraph (c)(3) of 
this section. Surrogate access to the information of a sponsor, a 
sponsor's spouse, and a sponsor's dependent (regardless of age) must be 
granted via in-person proofing, including the submission of eligibility 
documents to an operator for approval in accordance with paragraph 
(d)(2) of this section.
    (i) Access granting by a sponsor. Sponsors may grant their spouse 
access to the sponsor's information and the information of any 
sponsor's dependents under the age of 18. Access to the sponsor's 
information and the information of any sponsor's dependents under the 
age of 18 may not be granted to any other sponsor's dependent, unless 
that dependent has been identified as a surrogate.
    (ii) Access granting by a spouse. Spouses may grant the sponsor 
access to the spouse's information. Access to the spouse's information 
may not be granted to any other sponsor's dependent, unless that 
sponsor's dependent has been identified as a surrogate.
    (iii) Access granting by a dependent over 18. A sponsor's dependent 
over the age of 18 may grant the sponsor and the sponsor's spouse 
access to the dependent's information. Access to the information of a 
sponsor's dependent over the age of 18 may not be granted to any other 
sponsor's dependent, unless that sponsor's dependent has been 
identified as a surrogate.

    Dated: October 27, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-26416 Filed 11-1-16; 8:45 am]
BILLING CODE 5001-06-P