Privacy Act of 1974, Computer Matching Program-United States Postal Service and the Defense Manpower Data Center, Department of Defense, 63800-63804 [E9-28901]

Download as PDF 63800 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 24th day of November 2009. For the Nuclear Regulatory Commission. William Ford, Acting Chief, Environmental Review Branch, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E9–28975 Filed 12–3–09; 8:45 am] BILLING CODE 7590–01–P POSTAL SERVICE Privacy Act of 1974, Computer Matching Program—United States Postal Service and the Defense Manpower Data Center, Department of Defense Postal Service. Notice of Computer Matching Program—United States Postal Service and the Defense Manpower Data Center, Department of Defense. AGENCY: mstockstill on DSKH9S0YB1PROD with NOTICES ACTION: SUMMARY: The United States Postal Service® (USPS®) plans to participate as a source agency in a computer matching program with the Defense Manpower Data Center (DMDC), Department of Defense (DoD). The purpose of this agreement is to verify continuing eligibility for the TRICARE Reserve Select Program (TRS) by identifying TRS recipients who are eligible for or receiving health coverage under Federal Employee Health Benefits (FEHB), and to terminate TRS benefits if appropriate. DATES: The matching program will begin on the effective date of the agreement. The effective date is the expiration of a 40-day review period by OMB and Congress or 30 days after the date of publication of this notice, whichever is later. The matching program will be valid for a period of 18 months after this date. ADDRESSES: Written comments on this proposal should be mailed or delivered to the Records Office, United States Postal Service, 475 L’Enfant Plaza, SW., Room 5846, Washington, DC 20260. Copies of all written comments will be available at the above address for public inspection and photocopying between 8 a.m. and 4 p.m., Monday through Friday. VerDate Nov<24>2008 17:26 Dec 03, 2009 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Jane Eyre at (202) 268–2608. SUPPLEMENTARY INFORMATION: The Postal Service and DMDC have agreed to conduct a computer matching program under subsection (o) of the Privacy Act of 1974, 5 U.S.C. 552a. The USPS® is undertaking this initiative to assist the DMDC in fulfilling a mandate issued under the John Warner National Defense Authorization Act of 2007 (NDAA of 2007) (Pub. L. 109–364). This Act established the enhanced TRS program as of October 1, 2007, while excluding Selected Reserve members eligible for Federal Employee Health Benefits (FEHB) under chapter 89 of title 5, U.S. Code, from participation in TRS. The Postal Service has agreed to assist the DMDC in its efforts to identify individuals who are not entitled to receive health coverage under TRS. Currently, upon initial enrollment into TRS, service members must certify that they are not eligible for FEHB in order to purchase TRS health care insurance coverage. TRS has no termination date. The parties to this agreement have determined that a computer matching program is the most efficient, expeditious, and effective means of identifying ineligible TRS recipients who are eligible for or receiving health coverage under FEHB. Absent the matching agreement, DoD would have to recertify the enrolled population every year. Manual verification of Federal employment information would be an unnecessary and burdensome process and a significant expense for the DoD. Additionally, it is possible that not all affected individuals would be identified. There are no other consolidated data sources available containing this type of information. The match will compare systems of records maintained by the respective agencies under the Privacy Act of 1974, from which records will be disclosed for the purpose of this computer match. The Postal Service’s Personnel Compensation and Payroll Records (USPS System of Records (SOR) 100.400) will be compared with a file of records of Selected Reserve members who are enrolled in the TRS. These disclosures are authorized by a Privacy Act routine use. This routine use, identified as routine use 7, is applicable to the payroll system of records as well as other personnel systems, and permits disclosures to federal and state agencies when the record is needed by the Postal Service or another agency to determine employee participation in, and eligibility under, particular benefit programs administered by those PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 agencies. The DMDC will use the systems of records identified as DMDC 02, ‘‘Defense Enrollment Eligibility Reporting System (DEERS)’’ as amended by 74 FR 18356 (April 22, 2009). Routine use 22(1) provides the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRS program. The DMDC will provide semi-annual data to be used in the match, including Social Security Numbers, names, and dates of birth for TRS-enrolled Selected Reservists. The USPS® will submit to the DMDC a file of matches against the USPS Payroll database. The DMDC will update the database with the USPS FEHB eligibility information and will provide the matching results to the responsible Reserve Component. The responsible Reserve Component is responsible for verifying the information and making final determinations as to positive identification and eligibility for TRS benefits. This computer match may have an adverse effect on individuals that are identified from the match. After verifying the accuracy of the matching information and determining ineligibility for coverage under TRS, the DoD will immediately notify individuals of their ineligibility for TRS and inform them at the same time about procedures for enrolling in FEHB. This process will help to alleviate or minimize any break in medical coverage. The privacy of employees will be safeguarded and protected. The USPS® will manage all data in strict accordance with the Privacy Act and the terms of the matching agreement. Any verified data that is maintained will be managed within the parameters of Privacy Act System of Record USPS® 100.400, Personnel Compensation and Payroll Records (last published April 29, 2005 (70 FR 22548)). The USPS® will provide 40 days of advance notice to Congress and postal employee unions for each subsequent matching agreement. Set forth below are the terms of the matching agreement (exclusive of attachments), which provide information required by the Privacy Act of 1974, as amended (5 U.S.C. 552a), OMB Final Guidance Interpreting the Provisions of Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989), and OMB E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices Circular No. A–130, Appendix I, 65 FR 77677 (December 12, 2000). Stanley F. Mires, Chief Counsel, Legislative. Computer Matching Agreement Between the United States Postal Service and the Defense Manpower Data Center, Department of Defense mstockstill on DSKH9S0YB1PROD with NOTICES A. Purpose of the Computer Matching Agreement (CMA) The purpose of this agreement is to establish the conditions, safeguards and procedures under which the United States Postal Service (USPS), an independent establishment of the executive branch of the Government of the United States, section 201 title 39, United States Code (U.S.C.) USPS Payroll, will disclose Federal Employees Health Benefits (FEHB) eligibility to the Defense Manpower Data Center (DMDC), Defense Enrollment and Eligibility Reporting System Office (DEERS), and the Office of the Assistant Secretary of Defense, Reserve Affairs (OSD/RA). This disclosure by USPS will provide the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRICARE Reserve Select (TRS) program. Section 1076d of title 10, U.S.C. requires the Department of Defense to discontinue eligibility for TRS for those Selected Reserve members who are eligible for health care benefits under chapter 89 of title 5, U.S.C. This CMA will allow a file of records of Selected Reserve members, who are enrolled in the TRS, to match the USPS Payroll to determine eligibility for the FEHB Program. USPS will return the results of the computer match to DMDC, providing the FEHB eligibility information on records that match to their database. DMDC will provide information to the Reserve Components (RCs) for due process on only those members with FEHB eligibility that are currently enrolled in TRS. This computer matching agreement supersedes all existing data exchange agreements between USPS and DMDC, for the exchange of personal data for purposes of disclosing eligibility information for FEHB. B. Legal Authority This CMA is executed to comply with the Privacy Act of 1974 (section 552a title 5, U.S.C.), as amended, (as amended by Public Law (Pub. L.) 100– 503, the Computer Matching and Privacy Protection Act (CMPPA) of 1988), the Office of Management and Budget (OMB) Circular A–130, titled ‘‘Management of Federal Information VerDate Nov<24>2008 18:22 Dec 03, 2009 Jkt 220001 Resources’’ at 61 Federal Register (FR) 6435 (February 20, 1996), and OMB guidelines pertaining to computer matching at 54 Fed. Reg. 25818 (June 19, 1989). The Postal Service is authorized to enter into this Agreement by section 411 title 39, U.S.C. The John Warner National Defense Authorization Act of 2007 (NDAA of 2007) (Pub. L. 109–364) established the enhanced TRS program as of October 1, 2007 while excluding those Selected Reserve members, who are eligible for FEHB under chapter 89 of title 5, U.S.C., from participation in TRS. This agreement implements the additional validation processes needed by DoD to insure Selected Reserve members eligible for FEHB are not enrolled in TRS. This CMA will allow DoD to accomplish its mandate. There are no other data sources available with this consolidated type of FEHB eligibility information. Manual verification by units of Federal employment information would be an unnecessary and burdensome process and a significant expense for the DoD. The use of computer technology to transfer data between USPS Payroll and DEERS is faster and more efficient than the use of any other manual processes. C. Definitions (1) USPS Payroll means the United States Postal Service Payroll processing unit in Eagan, MN. (2) DEERS means Defense Enrollment Eligibility and Reporting System. (3) Recipient Agency, as defined by the Privacy Act (section 552a (a) (9) title 5 U.S.C.), means the agency receiving the records and actually performing the computer match; i.e., the matching agency, USPS. (4) Source Agency, as defined by the Privacy Act (section 552a (a) (11) title 5, U.S.C.), means the agency initially disclosing the records for the purpose of the match; i.e., DMDC. (5) DoD means Department of Defense. (6) DMDC means the Defense Manpower Data Center. (7) FEHB means Federal Employees Health Benefits Program. (8) TRS means TRS, a premium based TRICARE military health care program for Selected Reservists. (9) OSD/RA means the Office of the Secretary of Defense for Reserve Affairs. D. Description of the Match and Records Under the terms of this matching agreement, DMDC will provide to USPS Payroll a file consisting of social security numbers (SSN), dates of birth (DOB), and names of Selected Reserve PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 63801 members enrolled in TRS. DMDC will update their database with FEHB eligibility information from the USPS response file. DMDC will be responsible for providing the verified information to the Reserve components for determining TRS eligibility. USPS agrees to conduct a semi-annual computer match of the SSNs of Selected Reservists enrolled in TRS provided by DMDC’s DEERS against the information found in the USPS personnel system of record for career USPS employees. USPS will validate the identification of the Selected Reserve record that matches against the SSN, DOB, and name provided by DMDC. USPS will provide an FEHB Eligibility Code, a multiple record indicator and a DOB match indicator. USPS will forward a response file to DMDC within 30 business days following the receipt of the initial finder file and for any subsequent files submitted. E. Justification and Anticipated Results (1) Justification. The National Defense Authorization Act of Fiscal Year 2007 (NDAA FY–07) (Pub. L. 109–364) simplified the TRS program and provided a 28% premium share of the total cost for all Selected Reserve members enrolled in the program as of October 1, 2007. Under the new law a member of the Selected Reserve who is eligible for the FEHB Program under chapter 89 of title 5, U.S.C. is not eligible for the TRS program. In order to effectively administer the program, DoD has a requirement to have a verified source of FEHB eligibility. Upon initial enrollment into TRS service members must certify they are not eligible for FEHB in order to purchase TRS health care insurance coverage. Since there is no mandatory termination date for TRS, DoD will validate the eligibility status of the member on a semi-annual basis with USPS Payroll. Absent the matching agreement, it would be necessary for the enrolled Selected Reserve population to recertify every year. This would be an unnecessary process for beneficiaries as well as a significant expense for DoD. The use of computer technology to transfer data between DMDC and USPS is faster and more efficient than the use of any other manual process. (2) Anticipated Results. The data provided by USPS will be used in conjunction with DMDC data, to identify beneficiaries who are enrolled in TRS and at the same time are eligible for FEHB. The computer match between USPS Payroll and DEERS could have an adverse impact on those individuals who lose their entitlement for TRS benefits. However, the individuals will E:\FR\FM\04DEN1.SGM 04DEN1 63802 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES be notified immediately of their ineligibility for TRS and will be informed about procedures for enrolling in FEHB. This matching process will help to insure the member has no break, or a limited break, in medical coverage. The benefits to be derived from this matching operation are primarily nonquantifiable. DoD is responding to statute to exclude from the TRS program service members eligible for FEHB. No savings will accrue to DoD as a result of this match. Eligible beneficiaries will receive care they are entitled to under the law. By law, a cost benefit analysis must be prepared unless a waiver is sought. See paragraph XII for a ‘‘Waiver of Cost Benefit Analysis’’ statement. F. Description of the Records (1) Systems of Records (SOR). DoD will use the SOR identified as DMDC 02, entitled ‘‘Defense Enrollment Eligibility Reporting System (DEERS)’’ as amended by 74 Fed. Reg. 18356 (April 22, 2009). SSNs of DoD TRS Sponsors will be released to USPS pursuant to the routine use set forth in the system notice, which provides that data may be released to USPS ‘‘for support of the DEERS enrollment process and to identify individuals not entitled to health care under TRS.’’ (A copy of the system notice is given at Attachment 1). Identification and FEHB status of DoD TRS sponsors will be provided by USPS to validate the eligibility statutory requirement of the TRS program. Therefore, eligibility information may also be maintained in the SOR identified as USPS 100.400, Personnel Compensation and Payroll Records— given at attachment 2. (2) Number of Records. DMDC will submit an initial file containing the SSNs, Names, and DOB of TRS enrolled Selected Reservists for matching against the USPS Payroll database, and will submit subsequent finder files on a semi-annual basis thereafter. USPS will provide a reply file containing all appropriate matched and failed responses. (3) Specified Data Elements. See Attachment 4 for a sample record format for the finder file and the reply file. (4) Operational Time Factors. DMDC will forward the initial finder file of TRS sponsors to USPS after the Congressional and OMB review and public comment requirements, mandated by the Privacy Act, have been satisfied. USPS will provide a response file no later than 30 business days after receipt of the initial finder file. Subsequent finder files, submitted on a semi-annual basis, will receive a response within approximately 30 VerDate Nov<24>2008 17:26 Dec 03, 2009 Jkt 220001 business days of receipt. USPS Payroll requires the reporting of the Health plan semi-annually; March and September. The file is usually available for use from 60 to 90 days after the end of the month. G. Notice Procedures TRICARE Management Activity (TMA) will inform all TRS sponsors of computer matching activities at the time of enrollment by means of the encounter statement on DD–Form 2896–1, also known as the TRS Request Form. This form is used to coordinate enrollment into the TRS program. TRS sponsors will certify at the time of enrollment they are not eligible for FEHB. In order to provide direct notice, DMDC first needs the information from USPS to identify TRS participants who are FEHB eligible. Once DMDC receives that information, the TRS sponsors who are identified by USPS as FEHB eligible will be provided to each RC. The RC will verify the eligibility information and request the service member to terminate TRS coverage if the USPS information is correct or to seek Reserve component assistance to correct their FEHB eligibility information in USPS Payroll if USPS data is incorrect. TMA will also provide qualifying information for TRS to Selected Reserve members and TRS participants through beneficiary handbooks, pamphlets, educational materials, press releases, briefings, and via the TMA Web site. Any deficiencies, as to direct notice to the individual for the matching program are solved by the indirect or constructive notice that is afforded the individual by agency publication in the Federal Register of both the (1) applicable routine use notice, as required by subsection (e) (11) of the Privacy Act, permitting the disclosure of FEHB eligibility information for DEERS TRS eligibility purposes, and (2) the proposed match notice, as required by subsection (e) (12) of the Privacy Act, announcing the agency’s intent to conduct computer matching for verification of TRS for eligibility purposes. H. Verification and Opportunity To Contest Findings (1) Verification: The Reserve components, in support of OSD/RA, are responsible for resolving FEHB eligibility based on the data provided by DMDC from the USPS reply file, where inconsistencies exist. (2) Any discrepancies as furnished by USPS, or developed as a result of the match, will be independently investigated and verified by the RCs, in support of OSD/RA, prior to any adverse PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 action being taken against the individual. (3) Opportunity to Contest Findings: Based on the OSD/RA policy the RCs agree to provide written notice to each individual whom DoD believes is no longer eligible for the TRS health benefits based on the USPS file match. (4) If the individual fails to terminate coverage or notify the Reserve component that the information is not accurate within 30 days from the date of the notice, DoD will forward the information to the Reserve component TRS Program Manager for final resolution. I. Retention and Disposition of Identifiable Records USPS will retain all Personal identifiable records received from DMDC/DoD only for the period of time required for any processing related to the matching program. USPS will delete the DMDC/DoD file upon completion of the match. The electronic data provided as part of the matching program will remain the property of the agency furnishing the files and will be destroyed after the matching program is completed, but not more than ninety (90) days after receipt of the electronic data, except for those records that must be retained in the individual’s permanent case file in order to meet evidentiary requirements. In any such case, the agency will destroy the data once it is no longer needed. Destruction will be accomplished by shredding, burning or electronic erasure. Neither USPS nor DMDC/DoD will create a separate permanent file or system that consists of information concerning only those individuals who are involved in the specific matching program except as necessary to monitor the results of the matching program. As soon as set-up processing for the next match has been completed and any duplicated hits identified, the information generated through the match will be destroyed unless the information must be retained to meet evidential requirements. J. Security Procedures (1) DoD and USPS will safeguard information provided under this agreement as follows: Each agency shall establish appropriate administrative, technical, and physical safeguards to assure the security and confidentiality of records and to protect against any anticipated threats or hazard to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES maintained. All activities pursuant to this Agreement shall comply with all security procedures outlined in Handbook AS–805 of the Postal Service. (2) Access to the records matched, and to any records created by the match, will be restricted only to those authorized employees and officials who need it to perform their official duties in connection with the uses of the information authorized in this agreement. (3) The records matched, and any records created by the match, will be stored in an area that is physically safe from access by unauthorized persons during duty hours as well as non-duty hours or when not in use. (4) The records matched, and any records created by the match, will be processed under the immediate supervision and control of authorized personnel, to protect the confidentiality of the records in such a way that unauthorized persons cannot retrieve any such records by means of computer, remote terminal or other means. (5) All personnel who will have access to the records exchanged and to any records created by this exchange will be advised of the confidential nature of the information, the safeguards required to protect the information and the civil and criminal sanctions for noncompliance contained in applicable Federal Laws. K. Records Usage, Duplication and Redisclosure Restrictions (1) The matching files exchanged under this agreement remain the property of the providing agency and will be destroyed after match activity involving the files has been completed under this program as provided above in Section I. (2) The data exchanged under this agreement will be used and accessed only for the purpose of determining eligibility for care under the TRS program. (3) Neither DMDC nor USPS will extract information from the electronic data files concerning the individuals that are described therein for any purpose not stated in this agreement. (4) Except as provided in this agreement, neither DMDC nor USPS will duplicate or disseminate the data produced without the disclosing agency’s permission. Neither agency shall give such permission unless the redisclosure is required by law or essential to the conduct of the matching program. In such cases, DMDC and USPS will specify in writing what records are being disclosed, and to whom, and the reasons that justify such re-disclosure. VerDate Nov<24>2008 17:26 Dec 03, 2009 Jkt 220001 L. Records Accuracy Assessments DMDC estimates that at least 99% of the information in the finder file is accurate based on their operational experience. USPS estimates that at least 99% of the information on the reply file is accurate based on their operational experience. M. Reimbursement/Funding Expenses incurred by this data exchange will not involve any payments or reimbursements between USPS and DoD. N. Approval and Duration of Agreement (1) This matching agreement, as signed by representatives of both agencies and approved by the respective agency’s Data Integrity Board (DIB) and shall be valid for a period of 18 months from the effective date of the agreement. (2) When this agreement is approved and signed by the Chairpersons of both agencies Data Integrity Board’s, the USPS, as the matching agency, will submit the agreement and the proposed public notice of the match as attachments in duplicate via a transmittal letter to OMB and Congress for review. The time period for review begins as of the date of the transmittal letter. (3) USPS will forward the public notice of the proposed matching program for publication in the Federal Register, as required by subsection (e) (12) of the Privacy Act, the same time the transmittal letter is forwarded to OMB and Congress. The matching notice will clearly identify the record systems and category of records being used and state that the program is subject to review by OMB and Congress. A copy of the published notice shall be provided to the DoD. (4) The effective date of the matching agreement and date when matching may actually begin shall be at the expiration of the 40-day review period for OMB and Congress, or 30 days after publication of the matching notice in the Federal Register, whichever is later. The parties to this agreement may assume OMB and Congressional concurrence if no comments are received within 40 days of the date of the transmittal letter. The 40-day OMB and Congressional review period and the mandatory 30-day public comment period for the Federal Register publication of the notice will run concurrently. (5) This agreement will be in effect as long as the statutory requirement for the data match exists, subject to the Privacy Act, including certification by the both participating agencies to the responsible PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 63803 DoD DIB or USPS Information Security Group that: (i) The matching program will be conducted without change, and (ii) The matching program has been conducted in compliance with the original agreement. (6) This agreement may be modified at any time by a written modification to this agreement that satisfies both parties and is approved by the DoD DIB and the USPS Information Security Group of each agency. (7) This agreement may be terminated at any time with the consent of both parties. If either party does not want to continue this program, it should notify the other party of its intention not to continue at least 90 days before the end of the then current period of the agreement. Either party may unilaterally terminate this agreement upon written notice to the other party requesting termination, in which case the termination shall be effective 90 days after the date of the notice or at a later date specified in the notice provided the expiration date does not exceed the original or the extended completion date of the match. O. Waiver of Cost Benefit Analysis The purpose of this matching program is to verify the eligibility of TRS Selected Reserve sponsors enrolled in TRS. By statute, such coverage may only be provided if the person is not eligible for FEHB. It has been determined that FEHB eligible information for applicable Reservists can only be obtained from USPS. Without this information, a determination of continued eligibility cannot be made and matching must occur irrespective of the associated cost or anticipated benefits. Accordingly, the cost benefit analysis is waived. P. Persons To Contact The contacts on behalf of DoD are: Mr. Samuel P. Jenkins, Director, Defense Privacy Office, 1901 S. Bell Street, Suite 920, Arlington, VA 22202, (703) 607–2943; Mr. David M. Percich, Director for Reserve Systems Integration, Office of the Secretary of Defense for Reserve Affairs, 1500 Defense Pentagon, Washington DC 20301–1150, (703) 693–7490; Ms. Janine Groth, Chief DEERS Division, Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Rd., Seaside, CA. 93955–6771, (831) 583– 2400 x4173. The contact on behalf of USPS is: Mr. Alan Ruof, Manager Benefits Programs, Compensation, 475 L’Enfant Plaza, SW., Washington. DC E:\FR\FM\04DEN1.SGM 04DEN1 63804 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices 20260–4210, (202) 268–4187, (202) 268–3337 fax, e-mail: malan.alan.ruof@usps.gov. SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments and Recommendations Q. Approvals Department of Defense Program Official The authorized program officials, whose signatures appear below, accept and expressly agree to the terms and conditions expressed herein, confirm that no verbal agreements of any kind shall be binding or recognized, and hereby commit their respective organizations to the terms of this agreement. Guy A. Stratton, Staff Director to Deputy Assistant Secretary of Defense for Reserve Affairs, Manpower and Personnel, Office of the Secretary of Defense for Reserve Affairs; Mary Snavely-Dixon, Director, Defense Manpower Data Center. Data Integrity Boards The respective DIBs having reviewed this agreement and finding that it complies with applicable statutory and regulatory guidelines signify their respective approval thereof by the signature of the officials appearing below. Mr. Michael L Rhodes, Acting Chairperson, Data Integrity Board, Department of Defense. R. USPS Program Official The authorized program officials, whose signatures appear below, accept and expressly agree to the terms and conditions expressed herein, confirm that no verbal agreements of any kind shall be binding or recognized, and hereby commit their respective organizations to the terms of this agreement. USPS United States Postal Service Program Official Rowena C. Dufford, Acting Chief Privacy Officer, Acting Secretary, Data Integrity Board, United States Postal Service. mstockstill on DSKH9S0YB1PROD with NOTICES Data Integrity Boards The respective DIBs having reviewed this agreement and finding that it complies with applicable statutory and regulatory guidelines signify their respective approval thereof by the signature of the officials appearing below. Delores J. Killette, Vice President and Consumer Advocate, Chairperson, Data Integrity Board, United States Postal Service. [Investment Company Act Release No. 29064; 812–13712] ACTION: Notice and request for comments. Strategic Funds, Inc., et al.; Notice of Application In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration’s intentions to request approval on a new and/or currently approved information collection. November 30, 2009. SUMMARY: DATES: Submit comments on or before February 2, 2010. Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Radwan Saade, Economist, Office of Advocacy, Small Business Administration, 409 3rd Street, 6th Floor, Washington, DC 20416. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Radwan Saade, Economist, 202–205– 6878, radwan.saade@sba.gov; Curtis B. Rich, Management Analyst, 202–205– 7030, curtis.rich@sba.gov. The Office of Advocacy is requested under Public Law 110–385, Sec. 105 to study the impact of broadband speed and price on small businesses. Columbia Telecommunications Corporation (CTC) has been tasked with the design, implementation, and analysis of the collection which will be used to guide recommendations for improvements related to small business access to broadband. This assessment will rely on survey data as well as existing industry, government and private resources. Title: ‘‘Impact of Broadband Speed and Prime on Small Business.’’ Description of Respondents: Small Businesses using Broadband Internet services. Form Number: N/A. Annual Responses: 1,200. Annual Burden: 250. SUPPLEMENTARY INFORMATION: Jacqueline White, Chief, Administrative Information Branch. [FR Doc. E9–28997 Filed 12–3–09; 8:45 am] BILLING CODE 7710–12–P 17:26 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00089 Fmt 4703 AGENCY: Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (‘‘Act’’) for an exemption from section 15(a) of the Act and rule 18f–2 under the Act, as well as from certain disclosure requirements. Summary of Application: Applicants request an order that would permit them to enter into and materially amend subadvisory agreements without shareholder approval and would grant relief from certain disclosure requirements. Applicants: Strategic Funds, Inc. (the ‘‘Company’’) and The Dreyfus Corporation (the ‘‘Adviser’’). Filing Dates: The application was filed on November 2, 2009, and amended on November 24, 2009. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on December 22, 2009, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission’s Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549– 1090; Applicants: The Dreyfus Corporation, 200 Park Avenue, New York, NY 10166. FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at (202) 551–6826, or Julia Kim Gilmer, Branch Chief, at (202) 551–6821 (Division of Investment Management, Office of Investment Company Regulation). The following is a summary of the application. The complete application may be obtained via the Commission’s SUPPLEMENTARY INFORMATION: BILLING CODE 8025–01–P [FR Doc. E9–28901 Filed 12–3–09; 8:45 am] VerDate Nov<24>2008 SECURITIES AND EXCHANGE COMMISSION Sfmt 4703 E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63800-63804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28901]


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POSTAL SERVICE


Privacy Act of 1974, Computer Matching Program--United States 
Postal Service and the Defense Manpower Data Center, Department of 
Defense

AGENCY: Postal Service.

ACTION: Notice of Computer Matching Program--United States Postal 
Service and the Defense Manpower Data Center, Department of Defense.

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SUMMARY: The United States Postal Service[supreg] (USPS[supreg]) plans 
to participate as a source agency in a computer matching program with 
the Defense Manpower Data Center (DMDC), Department of Defense (DoD). 
The purpose of this agreement is to verify continuing eligibility for 
the TRICARE Reserve Select Program (TRS) by identifying TRS recipients 
who are eligible for or receiving health coverage under Federal 
Employee Health Benefits (FEHB), and to terminate TRS benefits if 
appropriate.

DATES: The matching program will begin on the effective date of the 
agreement. The effective date is the expiration of a 40-day review 
period by OMB and Congress or 30 days after the date of publication of 
this notice, whichever is later. The matching program will be valid for 
a period of 18 months after this date.

ADDRESSES: Written comments on this proposal should be mailed or 
delivered to the Records Office, United States Postal Service, 475 
L'Enfant Plaza, SW., Room 5846, Washington, DC 20260. Copies of all 
written comments will be available at the above address for public 
inspection and photocopying between 8 a.m. and 4 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Jane Eyre at (202) 268-2608.

SUPPLEMENTARY INFORMATION:
    The Postal Service and DMDC have agreed to conduct a computer 
matching program under subsection (o) of the Privacy Act of 1974, 5 
U.S.C. 552a. The USPS[supreg] is undertaking this initiative to assist 
the DMDC in fulfilling a mandate issued under the John Warner National 
Defense Authorization Act of 2007 (NDAA of 2007) (Pub. L. 109-364). 
This Act established the enhanced TRS program as of October 1, 2007, 
while excluding Selected Reserve members eligible for Federal Employee 
Health Benefits (FEHB) under chapter 89 of title 5, U.S. Code, from 
participation in TRS.
    The Postal Service has agreed to assist the DMDC in its efforts to 
identify individuals who are not entitled to receive health coverage 
under TRS. Currently, upon initial enrollment into TRS, service members 
must certify that they are not eligible for FEHB in order to purchase 
TRS health care insurance coverage. TRS has no termination date. The 
parties to this agreement have determined that a computer matching 
program is the most efficient, expeditious, and effective means of 
identifying ineligible TRS recipients who are eligible for or receiving 
health coverage under FEHB. Absent the matching agreement, DoD would 
have to recertify the enrolled population every year. Manual 
verification of Federal employment information would be an unnecessary 
and burdensome process and a significant expense for the DoD. 
Additionally, it is possible that not all affected individuals would be 
identified. There are no other consolidated data sources available 
containing this type of information.
    The match will compare systems of records maintained by the 
respective agencies under the Privacy Act of 1974, from which records 
will be disclosed for the purpose of this computer match. The Postal 
Service's Personnel Compensation and Payroll Records (USPS System of 
Records (SOR) 100.400) will be compared with a file of records of 
Selected Reserve members who are enrolled in the TRS. These disclosures 
are authorized by a Privacy Act routine use. This routine use, 
identified as routine use 7, is applicable to the payroll system of 
records as well as other personnel systems, and permits disclosures to 
federal and state agencies when the record is needed by the Postal 
Service or another agency to determine employee participation in, and 
eligibility under, particular benefit programs administered by those 
agencies. The DMDC will use the systems of records identified as DMDC 
02, ``Defense Enrollment Eligibility Reporting System (DEERS)'' as 
amended by 74 FR 18356 (April 22, 2009). Routine use 22(1) provides the 
DoD with the FEHB eligibility and Federal employment information 
necessary to determine continuing eligibility for the TRS program.
    The DMDC will provide semi-annual data to be used in the match, 
including Social Security Numbers, names, and dates of birth for TRS-
enrolled Selected Reservists. The USPS[supreg] will submit to the DMDC 
a file of matches against the USPS Payroll database.
    The DMDC will update the database with the USPS FEHB eligibility 
information and will provide the matching results to the responsible 
Reserve Component. The responsible Reserve Component is responsible for 
verifying the information and making final determinations as to 
positive identification and eligibility for TRS benefits.
    This computer match may have an adverse effect on individuals that 
are identified from the match. After verifying the accuracy of the 
matching information and determining ineligibility for coverage under 
TRS, the DoD will immediately notify individuals of their ineligibility 
for TRS and inform them at the same time about procedures for enrolling 
in FEHB. This process will help to alleviate or minimize any break in 
medical coverage.
    The privacy of employees will be safeguarded and protected. The 
USPS[supreg] will manage all data in strict accordance with the Privacy 
Act and the terms of the matching agreement. Any verified data that is 
maintained will be managed within the parameters of Privacy Act System 
of Record USPS[supreg] 100.400, Personnel Compensation and Payroll 
Records (last published April 29, 2005 (70 FR 22548)).
    The USPS[supreg] will provide 40 days of advance notice to Congress 
and postal employee unions for each subsequent matching agreement. Set 
forth below are the terms of the matching agreement (exclusive of 
attachments), which provide information required by the Privacy Act of 
1974, as amended (5 U.S.C. 552a), OMB Final Guidance Interpreting the 
Provisions of Public Law 100-503, the Computer Matching and Privacy 
Protection Act of 1988, 54 FR 25818 (June 19, 1989), and OMB

[[Page 63801]]

Circular No. A-130, Appendix I, 65 FR 77677 (December 12, 2000).

Stanley F. Mires,
Chief Counsel, Legislative.

Computer Matching Agreement Between the United States Postal Service 
and the Defense Manpower Data Center, Department of Defense

A. Purpose of the Computer Matching Agreement (CMA)

    The purpose of this agreement is to establish the conditions, 
safeguards and procedures under which the United States Postal Service 
(USPS), an independent establishment of the executive branch of the 
Government of the United States, section 201 title 39, United States 
Code (U.S.C.) USPS Payroll, will disclose Federal Employees Health 
Benefits (FEHB) eligibility to the Defense Manpower Data Center (DMDC), 
Defense Enrollment and Eligibility Reporting System Office (DEERS), and 
the Office of the Assistant Secretary of Defense, Reserve Affairs (OSD/
RA). This disclosure by USPS will provide the DoD with the FEHB 
eligibility and Federal employment information necessary to determine 
continuing eligibility for the TRICARE Reserve Select (TRS) program.
    Section 1076d of title 10, U.S.C. requires the Department of 
Defense to discontinue eligibility for TRS for those Selected Reserve 
members who are eligible for health care benefits under chapter 89 of 
title 5, U.S.C. This CMA will allow a file of records of Selected 
Reserve members, who are enrolled in the TRS, to match the USPS Payroll 
to determine eligibility for the FEHB Program. USPS will return the 
results of the computer match to DMDC, providing the FEHB eligibility 
information on records that match to their database. DMDC will provide 
information to the Reserve Components (RCs) for due process on only 
those members with FEHB eligibility that are currently enrolled in TRS.
    This computer matching agreement supersedes all existing data 
exchange agreements between USPS and DMDC, for the exchange of personal 
data for purposes of disclosing eligibility information for FEHB.

B. Legal Authority

    This CMA is executed to comply with the Privacy Act of 1974 
(section 552a title 5, U.S.C.), as amended, (as amended by Public Law 
(Pub. L.) 100-503, the Computer Matching and Privacy Protection Act 
(CMPPA) of 1988), the Office of Management and Budget (OMB) Circular A-
130, titled ``Management of Federal Information Resources'' at 61 
Federal Register (FR) 6435 (February 20, 1996), and OMB guidelines 
pertaining to computer matching at 54 Fed. Reg. 25818 (June 19, 1989). 
The Postal Service is authorized to enter into this Agreement by 
section 411 title 39, U.S.C.
    The John Warner National Defense Authorization Act of 2007 (NDAA of 
2007) (Pub. L. 109-364) established the enhanced TRS program as of 
October 1, 2007 while excluding those Selected Reserve members, who are 
eligible for FEHB under chapter 89 of title 5, U.S.C., from 
participation in TRS. This agreement implements the additional 
validation processes needed by DoD to insure Selected Reserve members 
eligible for FEHB are not enrolled in TRS.
    This CMA will allow DoD to accomplish its mandate. There are no 
other data sources available with this consolidated type of FEHB 
eligibility information. Manual verification by units of Federal 
employment information would be an unnecessary and burdensome process 
and a significant expense for the DoD. The use of computer technology 
to transfer data between USPS Payroll and DEERS is faster and more 
efficient than the use of any other manual processes.

C. Definitions

    (1) USPS Payroll means the United States Postal Service Payroll 
processing unit in Eagan, MN.
    (2) DEERS means Defense Enrollment Eligibility and Reporting 
System.
    (3) Recipient Agency, as defined by the Privacy Act (section 552a 
(a) (9) title 5 U.S.C.), means the agency receiving the records and 
actually performing the computer match; i.e., the matching agency, 
USPS.
    (4) Source Agency, as defined by the Privacy Act (section 552a (a) 
(11) title 5, U.S.C.), means the agency initially disclosing the 
records for the purpose of the match; i.e., DMDC.
    (5) DoD means Department of Defense.
    (6) DMDC means the Defense Manpower Data Center.
    (7) FEHB means Federal Employees Health Benefits Program.
    (8) TRS means TRS, a premium based TRICARE military health care 
program for Selected Reservists.
    (9) OSD/RA means the Office of the Secretary of Defense for Reserve 
Affairs.

D. Description of the Match and Records

    Under the terms of this matching agreement, DMDC will provide to 
USPS Payroll a file consisting of social security numbers (SSN), dates 
of birth (DOB), and names of Selected Reserve members enrolled in TRS. 
DMDC will update their database with FEHB eligibility information from 
the USPS response file. DMDC will be responsible for providing the 
verified information to the Reserve components for determining TRS 
eligibility.
    USPS agrees to conduct a semi-annual computer match of the SSNs of 
Selected Reservists enrolled in TRS provided by DMDC's DEERS against 
the information found in the USPS personnel system of record for career 
USPS employees. USPS will validate the identification of the Selected 
Reserve record that matches against the SSN, DOB, and name provided by 
DMDC. USPS will provide an FEHB Eligibility Code, a multiple record 
indicator and a DOB match indicator. USPS will forward a response file 
to DMDC within 30 business days following the receipt of the initial 
finder file and for any subsequent files submitted.

E. Justification and Anticipated Results

    (1) Justification. The National Defense Authorization Act of Fiscal 
Year 2007 (NDAA FY-07) (Pub. L. 109-364) simplified the TRS program and 
provided a 28% premium share of the total cost for all Selected Reserve 
members enrolled in the program as of October 1, 2007. Under the new 
law a member of the Selected Reserve who is eligible for the FEHB 
Program under chapter 89 of title 5, U.S.C. is not eligible for the TRS 
program. In order to effectively administer the program, DoD has a 
requirement to have a verified source of FEHB eligibility.
    Upon initial enrollment into TRS service members must certify they 
are not eligible for FEHB in order to purchase TRS health care 
insurance coverage. Since there is no mandatory termination date for 
TRS, DoD will validate the eligibility status of the member on a semi-
annual basis with USPS Payroll. Absent the matching agreement, it would 
be necessary for the enrolled Selected Reserve population to recertify 
every year. This would be an unnecessary process for beneficiaries as 
well as a significant expense for DoD. The use of computer technology 
to transfer data between DMDC and USPS is faster and more efficient 
than the use of any other manual process.
    (2) Anticipated Results. The data provided by USPS will be used in 
conjunction with DMDC data, to identify beneficiaries who are enrolled 
in TRS and at the same time are eligible for FEHB. The computer match 
between USPS Payroll and DEERS could have an adverse impact on those 
individuals who lose their entitlement for TRS benefits. However, the 
individuals will

[[Page 63802]]

be notified immediately of their ineligibility for TRS and will be 
informed about procedures for enrolling in FEHB. This matching process 
will help to insure the member has no break, or a limited break, in 
medical coverage.
    The benefits to be derived from this matching operation are 
primarily non-quantifiable. DoD is responding to statute to exclude 
from the TRS program service members eligible for FEHB. No savings will 
accrue to DoD as a result of this match. Eligible beneficiaries will 
receive care they are entitled to under the law. By law, a cost benefit 
analysis must be prepared unless a waiver is sought. See paragraph XII 
for a ``Waiver of Cost Benefit Analysis'' statement.

F. Description of the Records

    (1) Systems of Records (SOR). DoD will use the SOR identified as 
DMDC 02, entitled ``Defense Enrollment Eligibility Reporting System 
(DEERS)'' as amended by 74 Fed. Reg. 18356 (April 22, 2009). SSNs of 
DoD TRS Sponsors will be released to USPS pursuant to the routine use 
set forth in the system notice, which provides that data may be 
released to USPS ``for support of the DEERS enrollment process and to 
identify individuals not entitled to health care under TRS.'' (A copy 
of the system notice is given at Attachment 1).
    Identification and FEHB status of DoD TRS sponsors will be provided 
by USPS to validate the eligibility statutory requirement of the TRS 
program. Therefore, eligibility information may also be maintained in 
the SOR identified as USPS 100.400, Personnel Compensation and Payroll 
Records--given at attachment 2.
    (2) Number of Records. DMDC will submit an initial file containing 
the SSNs, Names, and DOB of TRS enrolled Selected Reservists for 
matching against the USPS Payroll database, and will submit subsequent 
finder files on a semi-annual basis thereafter. USPS will provide a 
reply file containing all appropriate matched and failed responses.
    (3) Specified Data Elements. See Attachment 4 for a sample record 
format for the finder file and the reply file.
    (4) Operational Time Factors. DMDC will forward the initial finder 
file of TRS sponsors to USPS after the Congressional and OMB review and 
public comment requirements, mandated by the Privacy Act, have been 
satisfied. USPS will provide a response file no later than 30 business 
days after receipt of the initial finder file. Subsequent finder files, 
submitted on a semi-annual basis, will receive a response within 
approximately 30 business days of receipt. USPS Payroll requires the 
reporting of the Health plan semi-annually; March and September. The 
file is usually available for use from 60 to 90 days after the end of 
the month.

G. Notice Procedures

    TRICARE Management Activity (TMA) will inform all TRS sponsors of 
computer matching activities at the time of enrollment by means of the 
encounter statement on DD-Form 2896-1, also known as the TRS Request 
Form. This form is used to coordinate enrollment into the TRS program. 
TRS sponsors will certify at the time of enrollment they are not 
eligible for FEHB.
    In order to provide direct notice, DMDC first needs the information 
from USPS to identify TRS participants who are FEHB eligible. Once DMDC 
receives that information, the TRS sponsors who are identified by USPS 
as FEHB eligible will be provided to each RC. The RC will verify the 
eligibility information and request the service member to terminate TRS 
coverage if the USPS information is correct or to seek Reserve 
component assistance to correct their FEHB eligibility information in 
USPS Payroll if USPS data is incorrect. TMA will also provide 
qualifying information for TRS to Selected Reserve members and TRS 
participants through beneficiary handbooks, pamphlets, educational 
materials, press releases, briefings, and via the TMA Web site.
    Any deficiencies, as to direct notice to the individual for the 
matching program are solved by the indirect or constructive notice that 
is afforded the individual by agency publication in the Federal 
Register of both the (1) applicable routine use notice, as required by 
subsection (e) (11) of the Privacy Act, permitting the disclosure of 
FEHB eligibility information for DEERS TRS eligibility purposes, and 
(2) the proposed match notice, as required by subsection (e) (12) of 
the Privacy Act, announcing the agency's intent to conduct computer 
matching for verification of TRS for eligibility purposes.

H. Verification and Opportunity To Contest Findings

    (1) Verification: The Reserve components, in support of OSD/RA, are 
responsible for resolving FEHB eligibility based on the data provided 
by DMDC from the USPS reply file, where inconsistencies exist.
    (2) Any discrepancies as furnished by USPS, or developed as a 
result of the match, will be independently investigated and verified by 
the RCs, in support of OSD/RA, prior to any adverse action being taken 
against the individual.
    (3) Opportunity to Contest Findings: Based on the OSD/RA policy the 
RCs agree to provide written notice to each individual whom DoD 
believes is no longer eligible for the TRS health benefits based on the 
USPS file match.
    (4) If the individual fails to terminate coverage or notify the 
Reserve component that the information is not accurate within 30 days 
from the date of the notice, DoD will forward the information to the 
Reserve component TRS Program Manager for final resolution.

I. Retention and Disposition of Identifiable Records

    USPS will retain all Personal identifiable records received from 
DMDC/DoD only for the period of time required for any processing 
related to the matching program. USPS will delete the DMDC/DoD file 
upon completion of the match.
    The electronic data provided as part of the matching program will 
remain the property of the agency furnishing the files and will be 
destroyed after the matching program is completed, but not more than 
ninety (90) days after receipt of the electronic data, except for those 
records that must be retained in the individual's permanent case file 
in order to meet evidentiary requirements. In any such case, the agency 
will destroy the data once it is no longer needed. Destruction will be 
accomplished by shredding, burning or electronic erasure.
    Neither USPS nor DMDC/DoD will create a separate permanent file or 
system that consists of information concerning only those individuals 
who are involved in the specific matching program except as necessary 
to monitor the results of the matching program. As soon as set-up 
processing for the next match has been completed and any duplicated 
hits identified, the information generated through the match will be 
destroyed unless the information must be retained to meet evidential 
requirements.

J. Security Procedures

    (1) DoD and USPS will safeguard information provided under this 
agreement as follows: Each agency shall establish appropriate 
administrative, technical, and physical safeguards to assure the 
security and confidentiality of records and to protect against any 
anticipated threats or hazard to their security or integrity which 
could result in substantial harm, embarrassment, inconvenience, or 
unfairness to any individual on whom information is

[[Page 63803]]

maintained. All activities pursuant to this Agreement shall comply with 
all security procedures outlined in Handbook AS-805 of the Postal 
Service.
    (2) Access to the records matched, and to any records created by 
the match, will be restricted only to those authorized employees and 
officials who need it to perform their official duties in connection 
with the uses of the information authorized in this agreement.
    (3) The records matched, and any records created by the match, will 
be stored in an area that is physically safe from access by 
unauthorized persons during duty hours as well as non-duty hours or 
when not in use.
    (4) The records matched, and any records created by the match, will 
be processed under the immediate supervision and control of authorized 
personnel, to protect the confidentiality of the records in such a way 
that unauthorized persons cannot retrieve any such records by means of 
computer, remote terminal or other means.
    (5) All personnel who will have access to the records exchanged and 
to any records created by this exchange will be advised of the 
confidential nature of the information, the safeguards required to 
protect the information and the civil and criminal sanctions for 
noncompliance contained in applicable Federal Laws.

K. Records Usage, Duplication and Redisclosure Restrictions

    (1) The matching files exchanged under this agreement remain the 
property of the providing agency and will be destroyed after match 
activity involving the files has been completed under this program as 
provided above in Section I.
    (2) The data exchanged under this agreement will be used and 
accessed only for the purpose of determining eligibility for care under 
the TRS program.
    (3) Neither DMDC nor USPS will extract information from the 
electronic data files concerning the individuals that are described 
therein for any purpose not stated in this agreement.
    (4) Except as provided in this agreement, neither DMDC nor USPS 
will duplicate or disseminate the data produced without the disclosing 
agency's permission. Neither agency shall give such permission unless 
the re-disclosure is required by law or essential to the conduct of the 
matching program. In such cases, DMDC and USPS will specify in writing 
what records are being disclosed, and to whom, and the reasons that 
justify such re-disclosure.

L. Records Accuracy Assessments

    DMDC estimates that at least 99% of the information in the finder 
file is accurate based on their operational experience. USPS estimates 
that at least 99% of the information on the reply file is accurate 
based on their operational experience.

M. Reimbursement/Funding

    Expenses incurred by this data exchange will not involve any 
payments or reimbursements between USPS and DoD.

N. Approval and Duration of Agreement

    (1) This matching agreement, as signed by representatives of both 
agencies and approved by the respective agency's Data Integrity Board 
(DIB) and shall be valid for a period of 18 months from the effective 
date of the agreement.
    (2) When this agreement is approved and signed by the Chairpersons 
of both agencies Data Integrity Board's, the USPS, as the matching 
agency, will submit the agreement and the proposed public notice of the 
match as attachments in duplicate via a transmittal letter to OMB and 
Congress for review. The time period for review begins as of the date 
of the transmittal letter.
    (3) USPS will forward the public notice of the proposed matching 
program for publication in the Federal Register, as required by 
subsection (e) (12) of the Privacy Act, the same time the transmittal 
letter is forwarded to OMB and Congress. The matching notice will 
clearly identify the record systems and category of records being used 
and state that the program is subject to review by OMB and Congress. A 
copy of the published notice shall be provided to the DoD.
    (4) The effective date of the matching agreement and date when 
matching may actually begin shall be at the expiration of the 40-day 
review period for OMB and Congress, or 30 days after publication of the 
matching notice in the Federal Register, whichever is later. The 
parties to this agreement may assume OMB and Congressional concurrence 
if no comments are received within 40 days of the date of the 
transmittal letter. The 40-day OMB and Congressional review period and 
the mandatory 30-day public comment period for the Federal Register 
publication of the notice will run concurrently.
    (5) This agreement will be in effect as long as the statutory 
requirement for the data match exists, subject to the Privacy Act, 
including certification by the both participating agencies to the 
responsible DoD DIB or USPS Information Security Group that:
    (i) The matching program will be conducted without change, and
    (ii) The matching program has been conducted in compliance with the 
original agreement.
    (6) This agreement may be modified at any time by a written 
modification to this agreement that satisfies both parties and is 
approved by the DoD DIB and the USPS Information Security Group of each 
agency.
    (7) This agreement may be terminated at any time with the consent 
of both parties. If either party does not want to continue this 
program, it should notify the other party of its intention not to 
continue at least 90 days before the end of the then current period of 
the agreement. Either party may unilaterally terminate this agreement 
upon written notice to the other party requesting termination, in which 
case the termination shall be effective 90 days after the date of the 
notice or at a later date specified in the notice provided the 
expiration date does not exceed the original or the extended completion 
date of the match.

O. Waiver of Cost Benefit Analysis

    The purpose of this matching program is to verify the eligibility 
of TRS Selected Reserve sponsors enrolled in TRS. By statute, such 
coverage may only be provided if the person is not eligible for FEHB. 
It has been determined that FEHB eligible information for applicable 
Reservists can only be obtained from USPS. Without this information, a 
determination of continued eligibility cannot be made and matching must 
occur irrespective of the associated cost or anticipated benefits. 
Accordingly, the cost benefit analysis is waived.

P. Persons To Contact

    The contacts on behalf of DoD are:

Mr. Samuel P. Jenkins, Director, Defense Privacy Office, 1901 S. Bell 
Street, Suite 920, Arlington, VA 22202, (703) 607-2943;
Mr. David M. Percich, Director for Reserve Systems Integration, Office 
of the Secretary of Defense for Reserve Affairs, 1500 Defense Pentagon, 
Washington DC 20301-1150, (703) 693-7490;
Ms. Janine Groth, Chief DEERS Division, Defense Manpower Data Center, 
DoD Center Monterey Bay, 400 Gigling Rd., Seaside, CA. 93955-6771, 
(831) 583-2400 x4173.

    The contact on behalf of USPS is:

Mr. Alan Ruof, Manager Benefits Programs, Compensation, 475 L'Enfant 
Plaza, SW., Washington. DC

[[Page 63804]]

20260-4210, (202) 268-4187, (202) 268-3337 fax, e-mail: 
malan.alan.ruof@usps.gov.

Q. Approvals

Department of Defense Program Official
    The authorized program officials, whose signatures appear below, 
accept and expressly agree to the terms and conditions expressed 
herein, confirm that no verbal agreements of any kind shall be binding 
or recognized, and hereby commit their respective organizations to the 
terms of this agreement.

Guy A. Stratton, Staff Director to Deputy Assistant Secretary of 
Defense for Reserve Affairs, Manpower and Personnel, Office of the 
Secretary of Defense for Reserve Affairs;
Mary Snavely-Dixon, Director, Defense Manpower Data Center.
Data Integrity Boards
    The respective DIBs having reviewed this agreement and finding that 
it complies with applicable statutory and regulatory guidelines signify 
their respective approval thereof by the signature of the officials 
appearing below.

Mr. Michael L Rhodes, Acting Chairperson, Data Integrity Board, 
Department of Defense.
R. USPS Program Official
    The authorized program officials, whose signatures appear below, 
accept and expressly agree to the terms and conditions expressed 
herein, confirm that no verbal agreements of any kind shall be binding 
or recognized, and hereby commit their respective organizations to the 
terms of this agreement.
USPS United States Postal Service Program Official
Rowena C. Dufford, Acting Chief Privacy Officer, Acting Secretary, Data 
Integrity Board, United States Postal Service.
Data Integrity Boards
    The respective DIBs having reviewed this agreement and finding that 
it complies with applicable statutory and regulatory guidelines signify 
their respective approval thereof by the signature of the officials 
appearing below.

Delores J. Killette, Vice President and Consumer Advocate, Chairperson, 
Data Integrity Board, United States Postal Service.

[FR Doc. E9-28901 Filed 12-3-09; 8:45 am]
BILLING CODE 7710-12-P
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