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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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