At the request of the Department, this rule has been withdrawn from OMB review.
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In order to provide benefits to the same-sex domestic partners of eligible DoD civilian employees and other eligible individuals, the DoD will collect information in the DEERS database which establishes eligibility and terminates eligibility for benefits. The current information collection supplies the necessary eligibility information to verify eligibility for DEERS enrollment and dependent ID card issuance, and to terminate eligibility.
The Department of Defense has identified family member and dependent benefits that may lawfully be provided to same-sex domestic partners of eligible DoD civilian employees and other eligible individuals and their children through modifications to DoD policies and regulations. These benefits shall be extended to same-sex domestic partners and, where applicable, children of same-sex domestic partners, once the DoD civilian or other eligible individual and their same-sex domestic partner have signed the appropriate declaration attesting to the establishment of their same-sex domestic partnership.
New collection. DoD has identified family member and dependent benefits that may lawfully be provided to same-sex domestic partners of eligible DoD civilian employees and other eligible individuals and their children through modifications to DoD policies and regulations. These benefits shall be extended to same-sex domestic partners and, where applicable, children of same-sex domestic partners, once DoD civilian or other eligible individual and their same-sex domestic partner have signed the appropriate declaration attesting to the establishment of their same-sex domestic partnership. Additionally, the June 26, 2013, Supreme Court Decision in the United States v. Windsor, which found Section 3 of the Defense of Marriage Act unconstitutional, imposed new responsibilities on DoD that must be addressed immediately. This decision provided the avenue for the extension of Federal benefits to the same-sex spouses of DoD military members and civilian employees. In an August 13, 2013 memorandum, "Extending Benefits to Same-Sex Spouses of Military Members," the Secretary of Defense directed that, ". . . spousal and family benefits, including identification cards, will be made available to same-sex spouses no later than September 3, 2013. In order to meet the September 3 date to provide benefits to same-sex spouses as soon after the Windsor decision as possible, as well as benefits to same-sex partners of DoD civilian employees, DoD has requested emergency processing of this information collection, and to have the Federal Register notice requirements waived. A Federal Register notice will be published in the Federal Register prior to the submission of a subsequent information collection package to OMB under regular processing timeframes.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.