83 FR 59303 - DoD Identity Management
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 83, Issue 226 (November 23, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59303-59307 | |
| FR Document | 2018-25500 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Rules and Regulations] [Pages 59303-59307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25500] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This rulemaking establishes implementation guidelines for DoD Self-Service (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: This rule is effective on December 24, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Robert Eves, Defense Human Resources Activity, 571-372-1956. SUPPLEMENTARY INFORMATION: Public Comments and Responses On Thursday, November 3, 2016 (81 FR 76325-76330), the Department of Defense (DoD) published a proposed rule titled, ``DoD Identity Management'' for a 60-day public comment period. When the comment period ended on January 3, 2017, no comments were received. Discussion of Changes Made Based on Internal Review While in final internal review, it was discovered, based on existing DoD instructions, that only certain retired DoD civilians should be included among the populations eligible for the DS Logon credential as identified in DoD Instruction 1330.17, ``DoD Commissary Program,'' and DoD Instruction 1330.21, ``Armed Services Exchange Regulations.'' Only those retired DoD civilians who are eligible for DoD commissary and exchange benefits are eligible for the DS Logon credential. Compliance with existing DoD policy and current instructions required modification of Sec. 221.6(b)(1)(ii) of the final rule, which was amended to read ``Eligible retired DoD civilian employees in accordance with DoD Instruction 1330.17, ``DoD Commissary Program'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133017p.pdf) and DoD Instruction 1330.21, ``Armed Services Exchange Regulations'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133021p.pdf).'' This amendment was made to reflect current Department policy and clarifies that only certain retired DoD civilians (not all retired DoD civlians) are eligible for access to these programs. Background This final rule establishes implementation guidelines for DS Logon and describes procedures for obtaining a DS Logon credential. All active duty, National Guard and Reserve, and Commissioned Corps members of the uniformed services must obtain a DS Logon credential when separating from active duty or from the uniformed service. The DS Logon credential is also available to all beneficiaries that are eligible for DoD-related benefits or entitlements to facilitate secure authentication to critical websites, to include members of the uniformed services, veterans with a continuing affiliation to the DoD, spouses, dependent children aged 18 and over, certain retired DoD civilians, surrogates and other eligible individuals. 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 DS Logon credentials that are used to facilitate logical access to self-service websites. 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 Personal Identity Protection (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 members 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.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/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.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/134102p.pdf). This issuance establishes DEERS as the authoritative data source for identity and verification of affiliation [[Page 59304]] 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 https://georgewbush-whitehouse.archives.gov/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. Expected Impact of the Final Rule The annual operating costs for the DS Logon program are approximately $1,700,000.00. Based on 6.8 million active users, the cost to the Department per user is about $0.25. This rule is not anticipated to change the population of individuals able to receive a DS Logon account. As part of the proposed rule, DoD requested comments on a new information collection request for this program. No public comment was received. Additional information on the collection can be found in the Paperwork Reduction Act section of this rule. 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. It has been determined that this rule is not a significant regulatory action. The rule does not: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in these Executive Orders. Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs'' This final rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. 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 final 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 final 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 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) It has been certified that 32 CFR part 221 does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. These requirements have been approved by OMB and assigned OMB Control Number 0704-0559, Application for Surrogate Association for DoD Self- Service (DS) Logon. 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 effects on the States, the relationship between the National Government and the states, or the distribution of power and responsibilities among the various levels of government. This final rule will not impose such substantial direct effects. List of Subjects in 32 CFR Part 221 Identity management, Identification cards, Logon credentials. 0 Accordingly, 32 CFR part 221 is 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 DoD Self- Service (DS) Logon Program. Sec. 221.2 Applicability. This part applies to: (a) The Office of the Secretary of Defense, 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 and any of the uniformed Services identified in Sec. 221.2 Applicability, 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; [[Page 59305]] (2) Has a means to validate the authenticity of the document by a reference or source number; (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 who may be credentialed 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 websites. 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 Instruction 1000.25, ``DoD Personnel Identity Protection (PIP) Program'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100025p.pdf), DoD Instruction 1341.02, ``Defense Enrollment Eligibility Reporting System (DEERS) Procedures'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/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 websites. 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 [[Page 59306]] recipients, disabled American veterans, and other veterans with a continuing affiliation to the DoD. (ii) Eligible retired DoD civilian employees in accordance with DoD Instruction 1330.17, ``DoD Commissary Program'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133017p.pdf), and DoD Instruction 1330.21, ``Armed Services Exchange Regulations'' (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133021p.pdf). (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.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/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. (2) [Reserved]. (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 website request. This type of request supports the provisioning of a Basic DS Logon credential. The My Access Center website 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 website 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 website. 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 website. 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.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/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 website and any other DoD self- service website that accepts DS Logon. (3) Maintenance. DS Logon credential holders may use the My Access Center website 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) Decommissioning. 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. [[Page 59307]] (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, 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 website 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: November 19, 2018. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2018-25500 Filed 11-21-18; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 59303
Short name Commenter
United Airlines Petitioners ................ United Airlines, Inc.; American Airlines, Inc.; Delta Air Lines, Inc.; Southwest Airlines, Co.; BP West Coast
Products LLC; ExxonMobil Oil Corporation; Chevron Products Company; HollyFrontier Refining & Mar-
keting LLC; Valero Marketing and Supply Company; Airlines for America; and the National Propane
Gas Association.
Williams ............................................. Williams Companies, Inc.
[FR Doc. 2018–25372 Filed 11–21–18; 8:45 am] DS Logon credential as identified in individuals affiliated with the DoD in
BILLING CODE 6717–01–P DoD Instruction 1330.17, ‘‘DoD order to issue DoD identification (ID)
Commissary Program,’’ and DoD cards that facilitate access to DoD
Instruction 1330.21, ‘‘Armed Services benefits, DoD installations, and DoD
DEPARTMENT OF DEFENSE Exchange Regulations.’’ Only those information systems. This action
retired DoD civilians who are eligible formally establishes DoD policy
Office of the Secretary for DoD commissary and exchange requirements for DS Logon credentials
benefits are eligible for the DS Logon that are used to facilitate logical access
32 CFR Part 221 credential. Compliance with existing to self-service websites. This regulatory
DoD policy and current instructions action will update the CFR for DoD
[Docket ID: DOD–2015–OS–0054]
required modification of § 221.6(b)(1)(ii) Manual (DoDM) 1341.02, Volume 1,
RIN 0790–AJ36 of the final rule, which was amended to ‘‘DoD Identity Management: DoD Self-
read ‘‘Eligible retired DoD civilian Service (DS) Logon Program and
DoD Identity Management employees in accordance with DoD Credential.’’
AGENCY: Under Secretary of Defense for Instruction 1330.17, ‘‘DoD Commissary
Authorities
Personnel and Readiness (USD(P&R)), Program’’ (available at http://www.esd.
whs.mil/Portals/54/Documents/DD/ The DoD Personal Identity Protection
DoD. (PIP) Program uses emerging
issuances/dodi/133017p.pdf) and DoD
ACTION: Final rule. technologies to support the protection of
Instruction 1330.21, ‘‘Armed Services
Exchange Regulations’’ (available at individual identity and to assist with
SUMMARY: This rulemaking establishes
http://www.esd.whs.mil/Portals/54/ safeguarding DoD physical assets,
implementation guidelines for DoD Self-
Documents/DD/issuances/dodi/1330 networks, and systems from
Service (DS) Logon to provide a secure
21p.pdf).’’ This amendment was made unauthorized access based on
means of authentication to applications
to reflect current Department policy and fraudulent or fraudulently obtained
containing personally identifiable
clarifies that only certain retired DoD credentials. DEERS is the authoritative
information (PII) and personal health
civilians (not all retired DoD civlians) data source for identity and verification
information (PHI). This will allow
are eligible for access to these programs. of affiliation with the DoD in
beneficiaries and other individuals with
accordance with the DoD PIP Program.
a continuing affiliation with DoD to Background Specific authorities are listed below.
update pay or health-care information in This final rule establishes • Title 10 U.S.C. 1044a. This section
a secure environment. This service can implementation guidelines for DS Logon establishes the authority for a Judge
be accessed by active duty, National and describes procedures for obtaining Advocate, other members of the armed
Guard and Reserve, and Commissioned a DS Logon credential. All active duty, forces designated by law and
Corps members of the uniformed National Guard and Reserve, and regulations, or other eligible persons to
services when separating from active Commissioned Corps members of the have the powers to act as a notary. The
duty or from the uniformed service. uniformed services must obtain a DS persons identified in Title 10 U.S.C.
DATES: This rule is effective on Logon credential when separating from 1044a subsection (b) have the general
December 24, 2018. active duty or from the uniformed power of a notary and may notarize a
FOR FURTHER INFORMATION CONTACT: Mr. service. The DS Logon credential is also completed and signed DD Form 3005,
Robert Eves, Defense Human Resources available to all beneficiaries that are ‘‘Application for Surrogate Association
Activity, 571–372–1956. eligible for DoD-related benefits or for DoD Self-Service (DS) Logon.’’
SUPPLEMENTARY INFORMATION: entitlements to facilitate secure • DoD Instruction 1000.25, ‘‘DoD
authentication to critical websites, to Personnel Identity Protection (PIP)
Public Comments and Responses include members of the uniformed Program’’ (available at http://
On Thursday, November 3, 2016 (81 services, veterans with a continuing www.esd.whs.mil/Portals/54/
FR 76325–76330), the Department of affiliation to the DoD, spouses, Documents/DD/issuances/dodi/1000
Defense (DoD) published a proposed dependent children aged 18 and over, 25p.pdf). This issuance establishes
rule titled, ‘‘DoD Identity Management’’ certain retired DoD civilians, surrogates minimum acceptable criteria for the
for a 60-day public comment period. and other eligible individuals. It establishment and confirmation of
When the comment period ended on discusses how credential holders may personal identity and for the issuance of
January 3, 2017, no comments were maintain and update their credentials DoD personnel identity verification
received. and manage their personal settings. credentials.
Finally, it discusses the permissions • DoD Instruction 1341.2, ‘‘Defense
Discussion of Changes Made Based on Enrollment Eligibility Reporting System
credential holders have to access their
amozie on DSK3GDR082PROD with RULES
Internal Review (DEERS) Procedures’’ (available at
information, who has access to view and
While in final internal review, it was edit their information, and who is http://www.esd.whs.mil/Portals/54/
discovered, based on existing DoD eligible to act on their behalf. Documents/DD/issuances/dodi/134
instructions, that only certain retired DoD collects and maintains 102p.pdf). This issuance establishes
DoD civilians should be included information on Service members, DEERS as the authoritative data source
among the populations eligible for the beneficiaries, DoD employees, and other for identity and verification of affiliation
VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1](https://thefederalregister.org/doc/83_FR_59529/page/1.svg)
![59306 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
recipients, disabled American veterans, (C) Request using a Defense Finance was separated before 1982. If separated
and other veterans with a continuing and Accounting Services (DFAS) myPay from the Reserve Component, a DS
affiliation to the DoD. account. Eligible individuals may apply Logon credential applicant may present
(ii) Eligible retired DoD civilian for a sponsor or dependent DS Logon a Reserve Component separation
employees in accordance with DoD credential using a DFAS myPay document in lieu of a DD Form 214.
Instruction 1330.17, ‘‘DoD Commissary personal identification number via the (2) Use. DS Logon credential holders
Program’’ (available at http:// My Access Center website. A request for may use their DS Logon credential at the
www.esd.whs.mil/Portals/54/ a DS Logon credential generates an My Access Center website and any other
Documents/DD/issuances/dodi/ activation letter with an activation code DoD self-service website that accepts DS
133017p.pdf), and DoD Instruction that is mailed to the sponsor at his or Logon.
1330.21, ‘‘Armed Services Exchange her home address in DEERS. Once (3) Maintenance. DS Logon credential
Regulations’’ (available at http:// complete, this type of request supports holders may use the My Access Center
www.esd.whs.mil/Portals/54/ the provisioning of a Premium DS website to maintain and update their DS
Documents/DD/issuances/dodi/ Logon credential. Logon credential and manage their
133021p.pdf). (ii) Via remote proofing. Eligible personal settings. The DS Logon
(iii) Eligible dependents in individuals with an existing DEERS credential holder may:
accordance with Volume 2 of DoD record may apply for a sponsor or (i) Activate or deactivate an account.
Manual 1000.13, ‘‘DoD Identification dependent DS Logon credential using (ii) Reset password.
(ID) Cards: Benefits for Members of the remote proofing via the My Access (iii) Update challenge questions and
Uniformed Services, Their Dependents, Center website. Individuals requesting a answers.
and Other Eligible Individuals’’ DS Logon credential via remote proofing (iv) Upgrade from a Basic DS Logon
(available at http://www.esd.whs.mil/ must correctly answer a number of to a Premium DS Logon credential.
Portals/54/Documents/DD/issuances/ system-generated questions. Once (v) Select or update preferred sponsor,
dodm/100013_vol2.pdf), including remote proofing is completed, a if a dependent of two sponsors.
spouses, dependent children aged 18 or Premium DS Logon credential is (vi) Manage personal and advanced
older, and dependent parents. provisioned immediately. security settings.
(iii) Via in-person proofing. Eligible (vii) Manage contact information.
(iv) DBs, including eligible widows, (viii) Manage relationships and access
individuals may apply for a sponsor or
widowers, and former spouses, in granting.
dependent DS Logon credential using
accordance with Volume 2 of DoD (ix) Manage the DS Logon credential
in-person proofing. In-person proofing
Manual 1000.13. using additional capabilities as
is performed at Department of Veterans
(v) Surrogates, as described in implemented by the Director, DMDC.
Affairs regional offices where the DS
paragraph (d) of this section. (4) Decommissioning. DS Logon
access station application is
(vi) Other populations as determined implemented, and at DoD ID card sites credentials may be decommissioned by
by the Director, DMDC. when a DS Logon credential is the DS Logon credential holder, via self-
(2) [Reserved]. requested either in conjunction with service; by an operator, at the request of
(c) Lifecycle—(1) Application. Eligible DoD ID card issuance or during initial the DS Logon credential holder; or by
individuals, as identified in paragraph enrollment of a surrogate. Once in- the system, when the credential holder
(b)(1) of this section, may apply for a DS person proofing is completed, a no longer has an affiliation to the DoD
Logon credential: Premium DS Logon credential is or is identified as deceased in DEERS.
(i) Online. Individuals with internet provisioned immediately. Individuals (5) Reactivation. DS Logon credentials
access may apply for a sponsor or requesting a DS Logon credential via in- may be reactivated if the person is living
dependent DS Logon by submitting a: person proofing must present: and still eligible for the credential.
(A) My Access Center website request. (A) Identity documents. DS Logon (d) Associations. DS Logon supports
This type of request supports the credential applicants must satisfy the several types of associations, including
provisioning of a Basic DS Logon identity verification criteria in DEERS-identified family relationships
credential. The My Access Center paragraph 4a of Volume 1 of DoD and operator-initiated and -approved
website can be accessed at https:// Manual 1000.13, ‘‘DoD Identification surrogates.
myaccess.dmdc.osd.mil/. (ID) Cards: ID Card Life-Cycle’’ (1) Family. Individuals are connected
(B) CAC request. Individuals with a (available at http://www.esd.whs.mil/ to one another based on their family
CAC, a computer with internet access Portals/54/Documents/DD/issuances/ relationship information in DEERS. A
and a CAC reader may apply for either dodm/100013_vol1.pdf), by presenting family relationship must exist in DEERS
a sponsor or a dependent DS Logon two forms of government-issued ID, one before the relationship can exist in DS
credential via the My Access Center of which must contain a photograph. Logon.
website or any application that has The requirement for the primary ID to (i) Multiple sponsors. An individual
implemented DS Logon. have a photo cannot be waived. Identity has only one DS Logon credential,
(1) A sponsor DS Logon credential is documents must be original or a regardless of the number of sponsors the
provisioned immediately upon request. certified copy. All documentation not in individual has (e.g., a dependent child
This type of request supports the English must have a certified English whose parents are both Service
provisioning of a Premium DS Logon translation. members).
credential. (B) Proof of address. DS Logon (ii) Transferring families. If an
(2) A request for a DS Logon credential applicants must present proof individual has a second family in
credential on behalf of a dependent of address, if address on the presented DEERS, the individual can move their
amozie on DSK3GDR082PROD with RULES
generates an activation letter with an ID is different than the address in DS Logon credential to the second
activation code that is mailed to the DEERS. family. This changes the assignment of
sponsor at his or her home address in (C) DD Form 214, ‘‘Certificate of the DS Logon credential from the first
DEERS. Once complete, this type of Release or Discharge from Active Duty.’’ family to the second family and removes
request supports the provisioning of a DS Logon credential applicants must any granted permissions from the first
Premium DS Logon credential. present a DD Form 214 if a veteran who family.
VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1](https://thefederalregister.org/doc/83_FR_59529/page/4.svg)
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 59307
(2) Surrogacy. Surrogacy is a feature related decisions for an eligible to any other sponsor’s dependent,
that allows an individual who may not individual. unless that sponsor’s dependent has
be affiliated with the DoD and who may (e) Permissions. A sponsor, a been identified as a surrogate.
not be related to the DS Logon sponsor’s spouse, and a sponsor’s Dated: November 19, 2018.
credential holder or eligible individual dependent over the age of 18 can
Aaron T. Siegel,
by a DoD-recognized family relationship manage who has access to their
information (i.e., who has access to view Alternate OSD Federal Register Liaison
to be granted access to a DS Logon Officer, Department of Defense.
credential holder’s or an eligible and edit their information and who is
eligible to act on their behalf). The [FR Doc. 2018–25500 Filed 11–21–18; 8:45 am]
individual’s information. A surrogate
may be established as the custodian of provisions of this section may be BILLING CODE 5001–06–P
a deceased Service member’s unmarried superseded by order of a court of
minor child(ren) who is under 18, who competent jurisdiction.
is at least 18 but under 23 and attending (1) Sponsor access. Sponsors will
automatically have access to the DEPARTMENT OF HOMELAND
school full-time, or who is
information of all dependents under the SECURITY
incapacitated. A surrogate may also be
established as the agent of an age of 18.
(2) Spousal access—(i) Automatic. A Coast Guard
incapacitated dependent (e.g., spouse,
parent) or of a wounded, ill, or sponsor’s spouse will automatically
have access to the information of all 33 CFR Part 117
incapacitated Service member.
(i) Eligibility. An operator must first dependent children under the age of 18
establish an identity in DEERS before whose relationship to the sponsor began [Docket No. USCG–2016–0257]
establishing the surrogacy association in on or after the date of marriage of the
DS Logon. To establish a surrogate sponsor and sponsor’s spouse. RIN 1625–AA09
(ii) Sponsor-granted. The sponsor may
association, the surrogate must present
grant the sponsor’s spouse access to the Drawbridge Operation Regulation;
to an operator for approval:
information of dependent children Delaware River, Pennsauken
(A) A completed and signed DD Form
under the age of 18 whose relationship Township, NJ
3005, ‘‘Application for Surrogate
to the sponsor began before the date of
Association for DoD Self-Service (DS) AGENCY: Coast Guard, DHS.
marriage of the sponsor and the
Logon.’’ ACTION: Final rule.
sponsor’s spouse.
(B) Any additional eligibility (3) Granted access. A sponsor, a
documents required by the DD Form sponsor’s spouse, and a sponsor’s SUMMARY: The Coast Guard is modifying
3005 which describe the scope of the dependent over the age of 18 may grant the operating regulation that governs the
surrogate’s authority. access to their information via the My DELAIR Memorial Railroad Bridge
(C) Proof of identity, in accordance Access Center website in accordance across the Delaware River, mile 104.6, at
with the requirements for in-person with paragraph (c)(3) of this section. Pennsauken Township, NJ. This
proofing in paragraph (c)(1)(iii) of this Surrogate access to the information of a modified regulation will allow the
section. sponsor, a sponsor’s spouse, and a bridge to be remotely operated from the
(ii) Types of surrogates—(A) Financial sponsor’s dependent (regardless of age) Conrail South Jersey dispatch center in
agent (FA). An eligible individual must be granted via in-person proofing, Mount Laurel, NJ, instead of being
names an FA to assist with specific including the submission of eligibility operated by an on-site bridge tender.
financial matters. documents to an operator for approval This regulation will not change the
(B) Legal agent (LA). An eligible in accordance with paragraph (d)(2) of operating schedule of the bridge.
individual names an LA to assist with this section. DATES: This rule is effective December
legal matters. (i) Access granting by a sponsor. 24, 2018.
(C) Caregiver (CG). An eligible Sponsors may grant their spouse access ADDRESSES: To view documents
individual names a CG to assist with to the sponsor’s information and the mentioned in this preamble as being
general health care requirements information of any sponsor’s available in the docket, go to http://
(example, viewing general health-care dependents under the age of 18. Access www.regulations.gov. Type USCG–
related information, scheduling to the sponsor’s information and the 2016–0257 in the ‘‘SEARCH’’ box and
appointments, refilling prescriptions, information of any sponsor’s click ‘‘SEARCH.’’ Click on Open Docket
and tracking medical expenses), but dependents under the age of 18 may not Folder on the line associated with this
does not make health care decisions. be granted to any other sponsor’s rulemaking.
(D) Health care agent (HA). An dependent, unless that dependent has
eligible individual (the patient) names FOR FURTHER INFORMATION CONTACT: If
been identified as a surrogate. you have questions on this rule, call or
an HA in a durable power of attorney for (ii) Access granting by a spouse.
health care documents to make health email Mr. Hal R. Pitts, Fifth Coast Guard
Spouses may grant the sponsor access to
care decisions. District (dpb); telephone (757) 398–
the spouse’s information. Access to the
(E) Legal guardian (LG). An LG is 6222, email Hal.R.Pitts@uscg.mil.
spouse’s information may not be granted
appointed by a court of competent to any other sponsor’s dependent, SUPPLEMENTARY INFORMATION:
jurisdiction in the United States (or unless that sponsor’s dependent has I. Table of Abbreviations
jurisdiction of the United States) to been identified as a surrogate.
make legal decisions for an eligible (iii) Access granting by a dependent CFR Code of Federal Regulations
amozie on DSK3GDR082PROD with RULES
individual. over 18. A sponsor’s dependent over the DHS Department of Homeland Security
FR Federal Register
(F) Special guardian (SG). An SG is age of 18 may grant the sponsor and the OMB Office of Management and Budget
appointed by a court of competent sponsor’s spouse access to the NPRM Notice of Proposed Rulemaking
jurisdiction in the United States (or dependent’s information. Access to the (Advance, Supplemental)
jurisdiction of the United States) for the information of a sponsor’s dependent § Section
specific purpose of making health care- over the age of 18 may not be granted U.S.C. United States Code
VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1](https://thefederalregister.org/doc/83_FR_59529/page/5.svg)
Document Created: 2018-11-27 12:59:47
Document Modified: 2018-11-27 12:59:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on December 24, 2018. | |
| Contact | Mr. Robert Eves, Defense Human Resources Activity, 571-372-1956. | |
| FR Citation | 83 FR 59303 | |
| RIN Number | 0790-AJ36 | |
| CFR Associated | Identity Management; Identification Cards and Logon Credentials |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR