DoD interim final rule eliminates DEERS sex-code changes while relabeling "gender marker" as "sex code"

Final ruleDOD

Date
Actor
Office of the Under Secretary of Defense for Personnel and Readiness (Docket DoD-2025-OS-0009; RIN 0790-AL85)
Agency
Department of Defense (DOD)
Type
Final rule
Section
SUPPLEMENT: THE GOVERNMENT-WIDE CFR 'TERMINOLOGY' RULEMAKINGS ARE ONLY PARTIALLY CAPTURED — TSA'S MAY 2025 FINAL RULE AND THE AUGUST 2026 FDA COMMENT REOPENING ARE MISSING

Summary

Amends 32 CFR part 161 (Identification Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals), replacing three instances of "gender" with "sex" and one instance of "gender marker" with "sex code." The substantive effect exceeds the terminology framing: the rule removes the procedures under which retirees, dependents, and contractor employees could request a change to their sex designation in the Defense Enrollment Eligibility Reporting System, eliminating the self-attestation process except to correct administrative error. Issued as an interim final rule effective on publication, DoD finding that "receiving public comment prior to effectuating this CFR amendment is impracticable," with comments invited through January 30, 2026.

Status

In effect. No final rule superseding the interim rule was located in a Federal Register search through August 21, 2026, so the interim rule remains operative. (See also section 4; section 6.)

As recorded in the data of . Check the sources for anything newer.

Documents

Sources

Cite this action

Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals; Amendment, 90 Fed. Reg. 55,042 (Dec. 1, 2025) (codified at 32 C.F.R. pt. 161).

Short form: 90 Fed. Reg. at 55,042.