Privacy Act of 1974, Computer Matching Program: United States Postal Service and the Defense Manpower Data Center, Department of Defense, 35432-35437 [2012-14308]
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35432
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0258. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Dennis M. Sollenberger, telephone: 301–
415–2819; email:
Dennis.Sollenberger@nrc.gov, or
Stephen Poy, telephone: 301–415–7135;
email: Stephen.Poy@nrc.gov. Both serve
in the Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION: Since
Congress added Section 274 of the Act
in 1959, the Commission has entered
into Agreements with 37 States that
relinquished Federal authority. Under
these Agreements, each State assumed
regulatory authority under State law to
regulate certain radioactive materials
within the State. The NRC periodically
reviews the performance of the
Agreement States to ensure compliance
with the provisions of Section 274.
Congress further amended the Act In
1978 by adding a new subsection,
Section 274o, which required
Agreement States to specifically amend
their agreements to regulate uranium
mill tailings (11e.(2) byproduct
material). Six Agreement States have
this authority as part of their
agreements. Under Section 274o of the
Act, an Agreement State may adopt sitespecific alternative standards with
respect to sites at which ores are
processed primarily for their source
material content or at sites used for the
disposal of Section 11e.(2) byproduct
material. Before a State can adopt
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alternative standards, the Commission
must make a determination that the
alternative standards will achieve a
level of stabilization and containment of
the site concerned, and the alternative
standards will provide an equivalent or
more stringent level of protection for
public health, safety, and the
environment from radiological and
nonradiological hazards associated with
the site. In addition, before making a
determination, the NRC must provide
notice and an opportunity for public
hearing before approving the sitespecific alternative standards.
The Commission approved a process
similar to that specified in Title 10 of
the Code of Federal Regulations (10
CFR) part 2, Subpart H, ‘‘Rulemaking,’’
to fulfill both provisions for notice and
for opportunity for public hearing
required by Section 274o of the Act.
This document completes the notice
and opportunity for public hearing
provisions of the Act with the notice of
the final Commission determination. In
a memorandum dated August 21, 2011
(ADAMS Accession No. ML112010137),
the NRC’s Executive Director for
Operations notified the Commission of
the staff’s intention to publish a notice
and opportunity for public hearing in
the Federal Register on the State of
Colorado’s proposed alternative soils
standards for a 30-day comment period
(76 FR 70170; November 10, 2011). The
public comment period and opportunity
for hearing ended on December 12,
2011. The Commission received two
comment letters on Colorado’s
alternative soils standards proposal
(ADAMS Accession Nos. ML11346A586
and ML12033A032).
The NRC staff prepared an analysis of
the comments received on Colorado’s
proposed alternative soils standards
(ADAMS Accession No. ML120330021).
The first of the two commenters wrote
in support of Colorado’s alternative soils
standards. The second of the two
commenters questioned the basis for
applying alternative standards and
requested a clarification regarding the
requirements and the use of the
alternative soils standards in the
decommissioning process and in
transferring the Uravan uranium mill
site to the U.S. Department of Energy.
The NRC staff found no deficiencies in
Colorado’s proposed alternative soils
standards but the staff did make changes
to its assessment to add clarity in
response to the comments (ADAMS
Accession No. ML120330018).
The Commission considered the
comments submitted, the NRC staff’s
analysis of the comments, and the NRC
staff’s recommendation that the
Commission approve a final
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determination that Colorado’s proposed
alternative soils standards meet the
requirements in Section 274o of the Act.
The Commission has determined that
the State of Colorado’s proposed
alternative soils standards will achieve
a level of stabilization and containment
of the sites concerned. They also
achieve a level of protection for public
health, safety, and the environment
from radiological and nonradiological
hazards associated with such sites that
is more stringent than the level that
would be achieved by existing standards
and requirements. Existing standards
include those promulgated by the
Administrator of the EPA in accordance
with Section 275 of the Act.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 7th day
of June, 2012.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2012–14411 Filed 6–12–12; 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 ServiceTM.
ACTION: Notice of Computer Matching
Program—United States Postal Service
and the Defense Manpower Data Center,
Department of Defense.
AGENCY:
The United States Postal
Service® (Postal Service®) plans to
participate as the recipient agency in a
computer matching program with the
Defense Manpower Data Center
(DMDC), Department of Defense (DoD),
as the source agency. The purpose of
this agreement is to verify continuing
eligibility for the TRICARE Reserve
Select Program (TRS) or TRICARE
Retired Reserve (TRR) by identifying
TRS and TRR recipients who are eligible
for or receiving health coverage under
Federal Employee Health Benefits
(FEHB), and to terminate TRS or TRR
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 Office of
Management and Budget (OMB) and
Congress or 30 days after the
publication of this notice, whichever is
later. The matching program will be
valid for a period of 18 months after this
date.
SUMMARY:
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices
Written comments on this
proposal should be mailed or delivered
to the Records Office, United States
Postal Service, 475 L’Enfant Plaza SW.,
Room 9431, 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
completed an agreement to conduct a
computer matching program under
subsection (o) of the Privacy Act of
1974, 5 U.S.C. 552a. The Postal Service
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) for TRS, with
the Fiscal Year 2010, amended section
1076e of title 10 U.S.Code to establish
the TRR Program. This Act established
the enhanced TRS program as of
October 1, 2007 and the TRR Program as
of October 29, 2009, while excluding
Selected Reserve and Retired Reserve
members eligible for FEHB under
chapter 89 of title 5, U.S.Code from
participation in TRS or TRR.
The parties to this agreement have
determined that a computer matching
program is the most efficient,
expeditious, and effective means of
obtaining the information needed by the
DMDC to identify individuals ineligible
to continue the TRICARE Reserve Select
and TRICARE Retired Reserve (TRR)
Programs. If this identification is not
accomplished by computer matching,
but is done manually, the cost would be
prohibitive and it is possible that not all
individuals would be identified.
The Postal Service has agreed to assist
the DMDC in its efforts to identify
individuals that are not entitled to
receive health coverage under TRS or
TRR. Currently, upon initial enrollment
into TRS or TRR, service members must
certify that they are not eligible for
FEHB in order to purchase TRS or TRR
health care insurance coverage. Neither
TRS or TRR has a 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 or TRR
recipients that 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
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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 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 as amended by 76 FR 35484
(June 17, 2011)) will be compared with
a file of records of Selected Reserve and
Retired Reserve members who are
enrolled in the TRS or the TRR. 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, 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 system
of records identified as DMDC 02 DoD,
‘‘Defense Enrollment Eligibility
Reporting System (DEERS)’’, as
amended by 76 FR 46757 (August 3,
2011). Routine use 22(1) provides the
DoD with the FEHB eligibility and
Federal employment information
necessary to determine continuing
eligibility for the TRS or the TRR
program.
The DMDC will provide semi-annual
data to the Postal Service to be used in
the match, including Social Security
Numbers, names, and dates of birth for
TRS-enrolled Selected Reservists or
TRR-enrolled Retired Reservists. The
Postal Service will submit to the DMDC
a file of matches against the Postal
Service Payroll database.
The DMDC will update the database
with the Postal Service 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 or
TRR 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 or
TRR, the DoD will immediately notify
the individual of his or her ineligibility
for TRS or TRR, and inform the
individual at the same time about
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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 Postal
Service 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.
The Postal Service will provide 40
days advance notice to Congress and the
unions for each subsequent matching
agreement. Set forth below are the terms
of the matching agreement, which
provide information required by the
Privacy Act of 1974 (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 Circular No.
A–130, Appendix I (65 FR 77677
(December 12, 2000)).
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
Computer Matching Agreement
between the United States Postal
Service and the Defense Data
Manpower Center, Department of
Defense
A. Supersedure
This computer matching agreement
supersedes all existing data exchange
agreements or memorandums of
understanding between the Department
of Defense (DoD) and the United States
Postal Service (USPS) applicable for
determining the eligibility for the
enrollment in premium based TRICARE
health plans for Reserve Component
(RC) Service members based on their
eligibility for Federal Employees Health
Benefits (FEHB) Program.
B. Purpose of the Computer Matching
Agreement
The purpose of this agreement is to
establish the conditions, safeguards, and
procedures under which the USPS, an
independent establishment of the
executive branch of the Government of
the United States, section 201 of title 39,
United States Code (U.S.C.), and USPS
Payroll, as the recipient agency, will
disclose FEHB program eligibility and
Federal employment information to
DoD, as the source agency. This
disclosure by USPS will provide the
DoD with the FEHB program eligibility
and Federal employment information
necessary to either verify the eligibility
to enroll or verify the continuing
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eligibility of enrolled Service members
for premium based TRICARE health
plans such as the TRICARE Reserve
Select (TRS) Program and the TRICARE
Retired Reserve (TRR) Program.
C. Legal Authority
This CMA is executed to comply with
section 552a of title 5 U.S.C., as
amended (the Privacy Act of 1974),
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 FR 25818, June 19, 1989.
The Postal Service is authorized to enter
into this agreement in accordance with
section 411 of title 39, U.S.C.
Section 706 of Public Law 109–364,
the John Warner National Defense
Authorization Act of 2007, amended
section 1076d of title 10 U.S.C. to
establish the enhanced TRS Program as
of October 1, 2007. Section 705 of
Public Law 111–84, National Defense
Authorization Act for Fiscal Year 2010,
amended section 1076e of title 10 U.S.C.
to establish the TRR Program as of
October 29, 2009. RC Service members
who have continuing eligibility for the
FEHB Program pursuant to chapter 89 of
title 5 U.S.C. are not eligible to enroll,
or continue an enrollment, in the TRS
or the TRR Program. This agreement
implements the additional validation
processes needed by DoD to insure RC
Service members eligible for the FEHB
Program may not enroll, or may not
continue a current enrollment, in the
TRS or the TRR Program.
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D. Definitions
1. DoD—Department of Defense
2. USPS—United States Postal Service
Payroll processing unit in Eagan, MN
3. FEHB Program—Federal Employees
Health Benefits Program
4. TRS Program—TRICARE Reserve
Select, a premium based TRICARE
military health plan for members of the
Selected Reserve of the Ready Reserve
of the Armed Forces of the United States
5. TRR Program—TRICARE Retired
Reserve, a premium based TRICARE
military health plan for members of the
Retired Reserve of the Armed Forces of
the United States
6. DMDC—Defense Manpower Data
Center
7. DEERS—Defense Eligibility
Enrollment and Reporting System
8. OASD(RA)—Office of the Secretary
of Defense for Reserve Affairs
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9. Recipient Agency—as defined by
the Privacy Act (section 552a(a)(9) of
title 5 U.S.C.), the agency receiving the
records contained in a system of records
from a source agency for use in a
matching program. USPS is the
recipient agency.
10. Source Agency—as defined by the
Privacy Act (section 552a(a)(11) of title
5 U.S.C.), the agency which discloses
records contained in a system of records
to be used in a matching program. DoD
DMC is the source agency.
11. TMA—the TRICARE Management
Activity
E. Description of the Match Records
Under the terms of this matching
agreement, the Defense Manpower Data
Center (DMDC) will provide to USPS
Payroll a file of records consisting of
Social Security Number (SSN), date of
birth (DOB), and the name of Service
members of the Ready Reserve, Standby
Reserve, and Retired Reserve of the
Armed Forces of the United States.
DMDC will update the Defense
Eligibility Enrollment Reporting System
(DEERS) record of those RC Service
members with FEHB Program eligibility
information from the USPS response
file. The Office of the Assistant
Secretary of Defense for Reserve Affairs
(OASD(RA)) will be responsible for
providing the verified information to the
RCs to aid in processing of TRS and
TRR eligibility determinations.
USPS agrees to conduct two computer
matches within a calendar year of the
records of RC Service members
provided by DMDC matched with the
information found in USPS Payroll
system for permanent employees in a
current pay status. USPS will validate
the identification of the RC records that
match with the name, SSN and DOB
provided by DMDC. USPS Payroll will
provide the Civilian Agency Indicator,
the full FEHB Program Plan Code, a
Multiple Record Indicator, and a DOB
Match Indicator. USPS Payroll will
forward a response file to DMDC within
30 business days following the receipt
of the initial finder file and for all
subsequent files submitted.
F. Justification and Expected Results
1. Justification. Service members of
the Selected Reserve who are eligible for
the FEHB Program are ineligible to
enroll in the TRS Program. Once a
Selected Reserve Service member
enrolls in the TRS Program, he or she
maintains continued coverage until
enrolling in a non-premium based
TRICARE Program, make a decision to
terminate TRS coverage, or leave the
Selected Reserve voluntarily. Service
members of the Retired Reserve who are
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eligible for the FEHB Program are
ineligible to enroll in the TRR Program.
Once a Retired Reserve member enrolls
in the TRR Program, he or she maintains
continued coverage until they reach age
60, voluntarily make a decision to
terminate the coverage, or enroll in a
non-premium based TRICARE Program.
In order to effectively administer the
program, DoD has a requirement for a
verified source of FEHB Program
eligibility to administer the TRS and the
TRR Programs.
As a condition of enrollment into TRS
or TRR Program, Service members
certify they are not eligible for the FEHB
Program. Since there is no mandatory
termination date for TRS, and the
mandatory termination date for TRR is
age 60, DoD will validate the eligibility
status of the member on a semiannual
basis using data from the USPS Payroll.
Absent the matching agreement, the
enrolled RC population would be
required to recertify their eligibility for
the FEHB Program every year. This
would be an onerous process for Service
members as well as significant expense
for DoD. The use of computer
technology to transfer data between
DMDC and USPS Payroll is faster and
more efficient than the use of any other
manual process to verify eligibility
information for the FEHB Program.
2. Expected Results. The data from
USPS Payroll will identify Service
members who are eligible for the FEHB
Program and will be used to prevent an
enrollment in the TRS or the TRR
Program if warranted, and also to
identify the FEHB Program eligibility of
a currently enrolled Service member in
the TRS and the TRR Program. The
computer match between the USPS
Payroll system and the DEERS could
have an adverse impact on those
individuals who lose their entitlement
for TRS or TRR Program; however, it
will have a positive impact as well.
Service members are notified of the
pending termination of their enrollment
for TRS or TRR Program and provided
information for enrollment in the FEHB
Program. This matching process will
help to insure the member has no break
in medical coverage.
The derived benefits from this
matching operation are primarily not
quantifiable. DoD is responding to
statute to exclude from the TRS and the
TRR Programs Service members eligible
for the FEHB Program. No savings will
accrue to DoD as a result of this match.
Eligible beneficiaries will receive care
they are entitled to under the law.
G. Description of the Records
1. Systems of Records (SOR). DoD will
use the SOR identified as DMDC 02
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DoD, entitled ‘‘Defense Eligibility
Enrollment Reporting System (DEERS),
August 3, 2011, 76 FR 46757.’’ The
SSNs of RC Service members released to
USPS pursuant to the routine use ‘‘22a’’
set forth in the system notice DMDC 02
DoD. (A copy of the system notice is at
Attachment 1).
2. Systems of Records (SOR). USPS
Payroll provides identification of the
FEHB Program status of RC Service
members to validate the eligibility for
the statutory requirement of the TRS
and the TRR Program. Therefore,
eligibility information is maintained in
the SOR identified as USPS 100.400
‘‘Personnel Compensation and Payroll
Records,’’ at 76 FR 35483, June 17, 2011,
pursuant to routine use 7. (A copy of the
system notice is at Attachment 2).
3. Number of Records. DMDC will
submit a finder file of approximately 1.4
million records containing the SSN,
name, and DOB of RC Service members
for matching against the USPS Payroll,
and will submit subsequent finder files
on a semiannual basis thereafter. USPS
Payroll will provide a reply file
containing all appropriate matched
responses.
4. Specified Data Elements. See
Attachment 3 for a sample record format
for the finder file and the reply file.
5. Operational Time Factors. DMDC
will forward the initial finder file of RC
Service members to USPS Payroll after
the Congressional and OMB review and
public comment requirements,
mandated by the Privacy Act, are
satisfied. USPS Payroll will provide a
reply file no later than 30 business days
after receipt of the initial finder file.
Subsequent finder files, submitted on a
semiannual basis, will receive a
response within approximately 30
business days of receipt. USPS Payroll
requires the reporting of the health plan
semiannually: March and September,
and the USPS Payroll system is usually
available for use from 60 to 90 days after
the end of the month. DMDC will send
the finder file when the USPS Payroll
system is ready to match, approximately
60 to 90 days after March and
September.
H. Notice Procedures
The TRICARE Management Activity
(TMA) will inform all TRS and TRR
sponsors of computer matching
activities at the time of enrollment by
means of the encounter statement on the
DD Form 2896–1, ‘‘RC Health Coverage
Request Form.’’ The DD Form 2896–1 is
used to coordinate enrollment into the
TRS Program or the TRR Program. RC
Service members certify at the time of
enrollment that they are not eligible for
the FEHB Program. In order to provide
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direct notice to those Service members
enrolled in TRS or TRR, DMDC will first
need the information from USPS Payroll
to identify TRS and TRR participants
who are eligible for the FEHB Program.
Once DMDC receives that information,
Service members enrolled in TRS and
TRR identified by the USPS Payroll
matching result as FEHB eligible will be
notified by their RC in writing of this
status. The Service members enrolled in
TRS or TRR are requested to terminate
TRS or TRR coverage if the USPS
Payroll information is correct or to seek
RC assistance to determine their proper
eligibility for the FEHB Program if the
USPS Payroll data is incorrect. The RCs
and TMA will also provide qualifying
information for TRS and TRR to RC
Service members 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 resolved by the indirect or
constructive notice that is afforded the
individual by agency publication in the
FR of both the:
1. Applicable routine use notice, as
required by section 552(e)(11) of title 10
U.S.C. permitting the disclosure of the
FEHB Program eligibility information
for DoD TRS and TRR Program
eligibility purposes.
2. The proposed match notice, as
required by section 552(a)(e)(12) of title
10 U.S.C., announcing an agency’s
intent to conduct computer matching for
verification of FEHB Program eligibility
for determining eligibility for TRS and
TRR Program.
I. Verification and Opportunity To
Contest Findings
1. Verification. The RCs, in support of
OASD(RA), are responsible for resolving
FEHB Program eligibility based on the
data provided by DMDC from the USPS
Payroll reply file where inconsistencies
exist. Any discrepancies as furnished by
USPS Payroll, or developed as a result
of the match, will be independently
investigated and verified by the RCs, in
support of OASD(RA), prior to any
adverse action being taken against the
individual.
2. Opportunity to Contest Findings.
Based on the DoD policy the RCs agree
to provide written notice to each
individual whom DoD believes is no
longer eligible for the TRS or the TRR
Program based on the USPS Payroll file
match. If the individual fails to
terminate coverage or notify the RC that
the information is not accurate within
30 days from the date of the notice, DoD
will forward the information to the RC
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35435
Program Manager for final resolution of
the TRS or the TRR enrollment.
J. Retention and Disposition of
Identifiable Records
USPS Payroll will retain all
personally identifiable records received
from DMDC only for the period of time
required for any processing related to
the matching program. USPS Payroll
will delete the DMDC finder 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 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 data
is deleted once it is no longer needed.
Destruction will be accomplished by
shredding, burning or electronic
erasure.
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.
K. Security Procedures
DoD and USPS Payroll will safeguard
information provided under this
agreement as follows:
1. 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
maintained.
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
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices
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 are
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.
6. USPS Payroll and DMDC may make
onsite inspections, and may make other
provisions to ensure that each agency is
maintaining adequate safeguards.
The Data Integrity Boards (DIB) of
USPS and DoD reserve the right to
monitor compliance of systems security
requirements, including, if warranted,
the right to make onsite inspections for
purposes of auditing compliance, during
the life of this Agreement, or its 12
month extension period.
L. Records Usage, Duplication and ReDisclosure Restrictions
1. The matching files exchanged
under this agreement remain the
property of the providing agency and as
described in Section J.
2. The data exchanged under this
agreement will be used and accessed
only for the purpose of determining
eligibility for premium based TRICARE
health plan such as the TRS and TRR
Programs.
3. Neither DoD 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 DoD 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, DoD and USPS
will specify in writing what records are
being disclosed and the reasons that
justify such disclosure.
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M. Records Accuracy Assessments
DMDC estimates that at least 99% of
the information in the finder file is
accurate based on their operational
experience. USPS Payroll is a highly
reliable source of statistical data on the
Postal Service workforce. However,
accuracy and completeness of each data
element within the individual records
that comprise this aggregate are not
conclusive. Findings emanating from
individual records warrant further
examination and verification as to its
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14:45 Jun 12, 2012
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accuracy, timeliness, and completeness
with the data subject.
N. Reimbursements and Funding
Expenses incurred by this data
exchange will not involve any payments
or reimbursements between USPS and
DoD.
O. 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 Boards (DIB), 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 the
respective DIBs, the USPS, as the
recipient 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, in accordance with section
552(a)(e)(12) of title 5 U.S.C., the
transmittal letter 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 the
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. Both 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 may be renewed for
12 months after the initial agreement
period as long as the statutory
requirement for the data match exists,
subject to the Privacy Act, including
certification by the participating
agencies to the responsible DIBs that:
a. The matching program will be
conducted without change, and
b. The matching program has been
conducted in compliance with the
original agreement.
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Frm 00086
Fmt 4703
Sfmt 4703
6. This agreement may be modified at
any time by a written modification from
either agency that satisfies both parties
and is approved by the DIB 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.
P. Waiver of Cost Benefit Analysis
The purpose of this matching
agreement is to verify eligibility of
Service member enrolling or enrolled in
the TRS or the TRR Programs. By
statute, such coverage may be provided
if the person is not eligible for the FEHB
Program. FEHB Program eligibility can
only be obtained from USPS, and
without this information, a
determination of continued eligibility
cannot be made. Matching must occur
regardless of the associated cost or
anticipated benefits. Accordingly, the
cost benefit is waived.
Q. Persons to Contact
The contacts on behalf of DoD are:
Mr. Samuel P. Jenkins, Director for
Privacy, Defense Privacy and Civil
Liberties Office, 1901 S. Bell Street,
Suite 920, Arlington, VA 22202, (703)
607–2943;
Mr. David M. Percich, Director, RC
Systems and Integration, Office of the
Assistant Secretary of Defense for
Reserve Affairs, 1500 Defense Pentagon,
Room 2E565, Washington, DC 20301,
(703) 693–2238;
Ms. Dena Colburn, DEERS Division,
Defense Manpower Data Center, DoD
Center Monterey Bay, 400 Gigling Rd.,
Seaside, CA 93955–6771, (831) 583–
2400 x4332.
The contacts on behalf of USPS are:
Mr. M. Alan Ruof, Manager Benefits
Program, 475 L’Enfant Plaza SW.,
Washington, DC 20260–410, (202) 268–
4187, (202) 268–3337 fax, Email:
malan.alan.ruof@usps.gov;
Ms. Christine Harris, HQ Payroll
Accountant, 2825 Lone Oak Parkway,
Eagan MN 55121–9500, (651) 406–2128,
(651) 406–1212 fax, Email:
christine.a.harris@usps.gov.
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices
R. Approvals
SECURITIES AND EXCHANGE
COMMISSION
Department of Defense Program
Officials
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.
Ms. Jessica L. Wright, Principal
Deputy Assistant Secretary of Defense
for Reserve Affairs, Office of the
Secretary of Defense for Reserve Affairs;
Ms. Mary Snavely-Dixon, Director,
Defense Manpower Data Center.
Defense Data Integrity Board
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, Chair, Defense
Data Integrity Board, Department of
Defense.
USPS Program Officials
Michele Mulleady, Chief Privacy
Officer, Secretary, Data Integrity Board,
United States Postal Service;
USPS Data Integrity Board
The respective DIBs having reviewed
this agreement and found that it
complies with applicable statutory and
regulatory guidelines signify their
respective approval thereof by the
signature of the officials appearing
below.
Mary Anne Gibbons, General Counsel
and Executive Vice President,
Chairperson, Data Integrity Board,
United States Postal Service.
[FR Doc. 2012–14308 Filed 6–12–12; 8:45 am]
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BILLING CODE 7710–12–P
[Release No. 34–67153; File No. SR–
NYSEMKT–2012–05]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Modifying the NYSE
Amex Options Fee Schedule To Amend
the Rights Fee That Is Charged to
Specialists, e-Specialists and Directed
Order Market Makers
June 7, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 31,
2012, NYSE MKT LLC (the ‘‘Exchange’’
or ‘‘NYSE MKT’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Amex Options Fee Schedule
(‘‘Fee Schedule’’) to amend the Rights
Fee that is charged to Specialists, eSpecialists and Directed Order Market
Makers. The text of the proposed rule
change is available on the Exchange’s
Web site at www.nyse.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
2 17
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14:45 Jun 12, 2012
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PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00087
Fmt 4703
Sfmt 4703
35437
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Fee Schedule to amend the Rights Fee
that is charged to Specialists, eSpecialists, and Directed Order Market
Makers (‘‘DOMMs’’). The Exchange
believes the proposed change will allow
it to recoup some of the costs of listing
new option classes that may not
generate sufficient trading activity and,
in turn, trading-related revenues.
Presently, the Exchange assesses a
monthly Rights Fee to Specialists, eSpecialists, and DOMMs. The current
Rights Fee is variable, based on the
Average Daily National Customer
Contracts traded, calculated over the
prior three months, with a one-month
lag. For example, the Average Daily
National Customer Contracts traded for
January, February, and March are used
to arrive at the Rights Fee applicable to
a particular option for trading in the
month of May. The table below contains
the Average Daily National Customer
Contracts traded tiers and the associated
Rights Fee:
Average national daily
customer contracts per issue
0 to 2,000 .................................
2,001 to 5,000 ..........................
5,001 to 15,000 ........................
15,001 to 100,000 ....................
Over 100,000 ............................
Monthly
base rate
per issue
$75
200
375
750
1,500
The Exchange proposes to amend the
tiers and fees as follows:
Average national daily
customer contracts per issue
0 to 200 ....................................
201 to 2,000 .............................
2,001 to 5,000 ..........................
5,001 to 15,000 ........................
15,001 to 100,000 ....................
Over 100,000 ............................
Monthly
base rate
per issue
$250
75
200
375
750
1,500
The 0-to-200 tier will only apply to
options listed after June 1, 2012.
Options listed before June 1, 2012 will
be ‘‘grandfathered’’ and, as such, subject
to the monthly base rate per issue of $75
if they fall into the 0 to 200 contract
volume tier. The Exchange will publish
on its Web site a list of all
‘‘grandfathered’’ options.
By adding a new, lower volume tier,
the Exchange intends to recoup the
costs associated with a new options
listing that does not in turn generate
sufficient trading volume and associated
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]]>Agencies
[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35432-35437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14308]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
Privacy Act of 1974, Computer Matching Program: United States
Postal Service and the Defense Manpower Data Center, Department of
Defense
AGENCY: Postal ServiceTM.
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] (Postal
Service[supreg]) plans to participate as the recipient agency in a
computer matching program with the Defense Manpower Data Center (DMDC),
Department of Defense (DoD), as the source agency. The purpose of this
agreement is to verify continuing eligibility for the TRICARE Reserve
Select Program (TRS) or TRICARE Retired Reserve (TRR) by identifying
TRS and TRR recipients who are eligible for or receiving health
coverage under Federal Employee Health Benefits (FEHB), and to
terminate TRS or TRR 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 Office of Management and Budget (OMB) and Congress or 30 days
after the publication of this notice, whichever is later. The matching
program will be valid for a period of 18 months after this date.
[[Page 35433]]
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 9431, 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 completed an agreement to conduct
a computer matching program under subsection (o) of the Privacy Act of
1974, 5 U.S.C. 552a. The Postal Service 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) for TRS, with the Fiscal Year 2010, amended section 1076e of title
10 U.S.Code to establish the TRR Program. This Act established the
enhanced TRS program as of October 1, 2007 and the TRR Program as of
October 29, 2009, while excluding Selected Reserve and Retired Reserve
members eligible for FEHB under chapter 89 of title 5, U.S.Code from
participation in TRS or TRR.
The parties to this agreement have determined that a computer
matching program is the most efficient, expeditious, and effective
means of obtaining the information needed by the DMDC to identify
individuals ineligible to continue the TRICARE Reserve Select and
TRICARE Retired Reserve (TRR) Programs. If this identification is not
accomplished by computer matching, but is done manually, the cost would
be prohibitive and it is possible that not all individuals would be
identified.
The Postal Service has agreed to assist the DMDC in its efforts to
identify individuals that are not entitled to receive health coverage
under TRS or TRR. Currently, upon initial enrollment into TRS or TRR,
service members must certify that they are not eligible for FEHB in
order to purchase TRS or TRR health care insurance coverage. Neither
TRS or TRR has a 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 or TRR
recipients that 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 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
as amended by 76 FR 35484 (June 17, 2011)) will be compared with a file
of records of Selected Reserve and Retired Reserve members who are
enrolled in the TRS or the TRR. 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, 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 system of records identified as DMDC 02
DoD, ``Defense Enrollment Eligibility Reporting System (DEERS)'', as
amended by 76 FR 46757 (August 3, 2011). Routine use 22(1) provides the
DoD with the FEHB eligibility and Federal employment information
necessary to determine continuing eligibility for the TRS or the TRR
program.
The DMDC will provide semi-annual data to the Postal Service to be
used in the match, including Social Security Numbers, names, and dates
of birth for TRS-enrolled Selected Reservists or TRR-enrolled Retired
Reservists. The Postal Service will submit to the DMDC a file of
matches against the Postal Service Payroll database.
The DMDC will update the database with the Postal Service 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 or
TRR 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 or TRR, the DoD will immediately notify the individual of his or
her ineligibility for TRS or TRR, and inform the individual 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
Postal Service 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.
The Postal Service will provide 40 days advance notice to Congress
and the unions for each subsequent matching agreement. Set forth below
are the terms of the matching agreement, which provide information
required by the Privacy Act of 1974 (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 Circular No. A-130, Appendix I (65 FR 77677 (December
12, 2000)).
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
Computer Matching Agreement between the United States Postal Service
and the Defense Data Manpower Center, Department of Defense
A. Supersedure
This computer matching agreement supersedes all existing data
exchange agreements or memorandums of understanding between the
Department of Defense (DoD) and the United States Postal Service (USPS)
applicable for determining the eligibility for the enrollment in
premium based TRICARE health plans for Reserve Component (RC) Service
members based on their eligibility for Federal Employees Health
Benefits (FEHB) Program.
B. Purpose of the Computer Matching Agreement
The purpose of this agreement is to establish the conditions,
safeguards, and procedures under which the USPS, an independent
establishment of the executive branch of the Government of the United
States, section 201 of title 39, United States Code (U.S.C.), and USPS
Payroll, as the recipient agency, will disclose FEHB program
eligibility and Federal employment information to DoD, as the source
agency. This disclosure by USPS will provide the DoD with the FEHB
program eligibility and Federal employment information necessary to
either verify the eligibility to enroll or verify the continuing
[[Page 35434]]
eligibility of enrolled Service members for premium based TRICARE
health plans such as the TRICARE Reserve Select (TRS) Program and the
TRICARE Retired Reserve (TRR) Program.
C. Legal Authority
This CMA is executed to comply with section 552a of title 5 U.S.C.,
as amended (the Privacy Act of 1974), 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 FR 25818, June 19, 1989. The Postal Service is
authorized to enter into this agreement in accordance with section 411
of title 39, U.S.C.
Section 706 of Public Law 109-364, the John Warner National Defense
Authorization Act of 2007, amended section 1076d of title 10 U.S.C. to
establish the enhanced TRS Program as of October 1, 2007. Section 705
of Public Law 111-84, National Defense Authorization Act for Fiscal
Year 2010, amended section 1076e of title 10 U.S.C. to establish the
TRR Program as of October 29, 2009. RC Service members who have
continuing eligibility for the FEHB Program pursuant to chapter 89 of
title 5 U.S.C. are not eligible to enroll, or continue an enrollment,
in the TRS or the TRR Program. This agreement implements the additional
validation processes needed by DoD to insure RC Service members
eligible for the FEHB Program may not enroll, or may not continue a
current enrollment, in the TRS or the TRR Program.
D. Definitions
1. DoD--Department of Defense
2. USPS--United States Postal Service Payroll processing unit in
Eagan, MN
3. FEHB Program--Federal Employees Health Benefits Program
4. TRS Program--TRICARE Reserve Select, a premium based TRICARE
military health plan for members of the Selected Reserve of the Ready
Reserve of the Armed Forces of the United States
5. TRR Program--TRICARE Retired Reserve, a premium based TRICARE
military health plan for members of the Retired Reserve of the Armed
Forces of the United States
6. DMDC--Defense Manpower Data Center
7. DEERS--Defense Eligibility Enrollment and Reporting System
8. OASD(RA)--Office of the Secretary of Defense for Reserve Affairs
9. Recipient Agency--as defined by the Privacy Act (section
552a(a)(9) of title 5 U.S.C.), the agency receiving the records
contained in a system of records from a source agency for use in a
matching program. USPS is the recipient agency.
10. Source Agency--as defined by the Privacy Act (section
552a(a)(11) of title 5 U.S.C.), the agency which discloses records
contained in a system of records to be used in a matching program. DoD
DMC is the source agency.
11. TMA--the TRICARE Management Activity
E. Description of the Match Records
Under the terms of this matching agreement, the Defense Manpower
Data Center (DMDC) will provide to USPS Payroll a file of records
consisting of Social Security Number (SSN), date of birth (DOB), and
the name of Service members of the Ready Reserve, Standby Reserve, and
Retired Reserve of the Armed Forces of the United States. DMDC will
update the Defense Eligibility Enrollment Reporting System (DEERS)
record of those RC Service members with FEHB Program eligibility
information from the USPS response file. The Office of the Assistant
Secretary of Defense for Reserve Affairs (OASD(RA)) will be responsible
for providing the verified information to the RCs to aid in processing
of TRS and TRR eligibility determinations.
USPS agrees to conduct two computer matches within a calendar year
of the records of RC Service members provided by DMDC matched with the
information found in USPS Payroll system for permanent employees in a
current pay status. USPS will validate the identification of the RC
records that match with the name, SSN and DOB provided by DMDC. USPS
Payroll will provide the Civilian Agency Indicator, the full FEHB
Program Plan Code, a Multiple Record Indicator, and a DOB Match
Indicator. USPS Payroll will forward a response file to DMDC within 30
business days following the receipt of the initial finder file and for
all subsequent files submitted.
F. Justification and Expected Results
1. Justification. Service members of the Selected Reserve who are
eligible for the FEHB Program are ineligible to enroll in the TRS
Program. Once a Selected Reserve Service member enrolls in the TRS
Program, he or she maintains continued coverage until enrolling in a
non-premium based TRICARE Program, make a decision to terminate TRS
coverage, or leave the Selected Reserve voluntarily. Service members of
the Retired Reserve who are eligible for the FEHB Program are
ineligible to enroll in the TRR Program. Once a Retired Reserve member
enrolls in the TRR Program, he or she maintains continued coverage
until they reach age 60, voluntarily make a decision to terminate the
coverage, or enroll in a non-premium based TRICARE Program. In order to
effectively administer the program, DoD has a requirement for a
verified source of FEHB Program eligibility to administer the TRS and
the TRR Programs.
As a condition of enrollment into TRS or TRR Program, Service
members certify they are not eligible for the FEHB Program. Since there
is no mandatory termination date for TRS, and the mandatory termination
date for TRR is age 60, DoD will validate the eligibility status of the
member on a semiannual basis using data from the USPS Payroll. Absent
the matching agreement, the enrolled RC population would be required to
recertify their eligibility for the FEHB Program every year. This would
be an onerous process for Service members as well as significant
expense for DoD. The use of computer technology to transfer data
between DMDC and USPS Payroll is faster and more efficient than the use
of any other manual process to verify eligibility information for the
FEHB Program.
2. Expected Results. The data from USPS Payroll will identify
Service members who are eligible for the FEHB Program and will be used
to prevent an enrollment in the TRS or the TRR Program if warranted,
and also to identify the FEHB Program eligibility of a currently
enrolled Service member in the TRS and the TRR Program. The computer
match between the USPS Payroll system and the DEERS could have an
adverse impact on those individuals who lose their entitlement for TRS
or TRR Program; however, it will have a positive impact as well.
Service members are notified of the pending termination of their
enrollment for TRS or TRR Program and provided information for
enrollment in the FEHB Program. This matching process will help to
insure the member has no break in medical coverage.
The derived benefits from this matching operation are primarily not
quantifiable. DoD is responding to statute to exclude from the TRS and
the TRR Programs Service members eligible for the FEHB Program. No
savings will accrue to DoD as a result of this match. Eligible
beneficiaries will receive care they are entitled to under the law.
G. Description of the Records
1. Systems of Records (SOR). DoD will use the SOR identified as
DMDC 02
[[Page 35435]]
DoD, entitled ``Defense Eligibility Enrollment Reporting System
(DEERS), August 3, 2011, 76 FR 46757.'' The SSNs of RC Service members
released to USPS pursuant to the routine use ``22a'' set forth in the
system notice DMDC 02 DoD. (A copy of the system notice is at
Attachment 1).
2. Systems of Records (SOR). USPS Payroll provides identification
of the FEHB Program status of RC Service members to validate the
eligibility for the statutory requirement of the TRS and the TRR
Program. Therefore, eligibility information is maintained in the SOR
identified as USPS 100.400 ``Personnel Compensation and Payroll
Records,'' at 76 FR 35483, June 17, 2011, pursuant to routine use 7. (A
copy of the system notice is at Attachment 2).
3. Number of Records. DMDC will submit a finder file of
approximately 1.4 million records containing the SSN, name, and DOB of
RC Service members for matching against the USPS Payroll, and will
submit subsequent finder files on a semiannual basis thereafter. USPS
Payroll will provide a reply file containing all appropriate matched
responses.
4. Specified Data Elements. See Attachment 3 for a sample record
format for the finder file and the reply file.
5. Operational Time Factors. DMDC will forward the initial finder
file of RC Service members to USPS Payroll after the Congressional and
OMB review and public comment requirements, mandated by the Privacy
Act, are satisfied. USPS Payroll will provide a reply file no later
than 30 business days after receipt of the initial finder file.
Subsequent finder files, submitted on a semiannual basis, will receive
a response within approximately 30 business days of receipt. USPS
Payroll requires the reporting of the health plan semiannually: March
and September, and the USPS Payroll system is usually available for use
from 60 to 90 days after the end of the month. DMDC will send the
finder file when the USPS Payroll system is ready to match,
approximately 60 to 90 days after March and September.
H. Notice Procedures
The TRICARE Management Activity (TMA) will inform all TRS and TRR
sponsors of computer matching activities at the time of enrollment by
means of the encounter statement on the DD Form 2896-1, ``RC Health
Coverage Request Form.'' The DD Form 2896-1 is used to coordinate
enrollment into the TRS Program or the TRR Program. RC Service members
certify at the time of enrollment that they are not eligible for the
FEHB Program. In order to provide direct notice to those Service
members enrolled in TRS or TRR, DMDC will first need the information
from USPS Payroll to identify TRS and TRR participants who are eligible
for the FEHB Program. Once DMDC receives that information, Service
members enrolled in TRS and TRR identified by the USPS Payroll matching
result as FEHB eligible will be notified by their RC in writing of this
status. The Service members enrolled in TRS or TRR are requested to
terminate TRS or TRR coverage if the USPS Payroll information is
correct or to seek RC assistance to determine their proper eligibility
for the FEHB Program if the USPS Payroll data is incorrect. The RCs and
TMA will also provide qualifying information for TRS and TRR to RC
Service members 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 resolved by the indirect or constructive notice
that is afforded the individual by agency publication in the FR of both
the:
1. Applicable routine use notice, as required by section 552(e)(11)
of title 10 U.S.C. permitting the disclosure of the FEHB Program
eligibility information for DoD TRS and TRR Program eligibility
purposes.
2. The proposed match notice, as required by section 552(a)(e)(12)
of title 10 U.S.C., announcing an agency's intent to conduct computer
matching for verification of FEHB Program eligibility for determining
eligibility for TRS and TRR Program.
I. Verification and Opportunity To Contest Findings
1. Verification. The RCs, in support of OASD(RA), are responsible
for resolving FEHB Program eligibility based on the data provided by
DMDC from the USPS Payroll reply file where inconsistencies exist. Any
discrepancies as furnished by USPS Payroll, or developed as a result of
the match, will be independently investigated and verified by the RCs,
in support of OASD(RA), prior to any adverse action being taken against
the individual.
2. Opportunity to Contest Findings. Based on the DoD policy the RCs
agree to provide written notice to each individual whom DoD believes is
no longer eligible for the TRS or the TRR Program based on the USPS
Payroll file match. If the individual fails to terminate coverage or
notify the RC that the information is not accurate within 30 days from
the date of the notice, DoD will forward the information to the RC
Program Manager for final resolution of the TRS or the TRR enrollment.
J. Retention and Disposition of Identifiable Records
USPS Payroll will retain all personally identifiable records
received from DMDC only for the period of time required for any
processing related to the matching program. USPS Payroll will delete
the DMDC finder 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 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 data is deleted once it is no
longer needed. Destruction will be accomplished by shredding, burning
or electronic erasure.
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.
K. Security Procedures
DoD and USPS Payroll will safeguard information provided under this
agreement as follows:
1. 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 maintained.
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
[[Page 35436]]
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 are 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.
6. USPS Payroll and DMDC may make onsite inspections, and may make
other provisions to ensure that each agency is maintaining adequate
safeguards.
The Data Integrity Boards (DIB) of USPS and DoD reserve the right
to monitor compliance of systems security requirements, including, if
warranted, the right to make onsite inspections for purposes of
auditing compliance, during the life of this Agreement, or its 12 month
extension period.
L. Records Usage, Duplication and Re-Disclosure Restrictions
1. The matching files exchanged under this agreement remain the
property of the providing agency and as described in Section J.
2. The data exchanged under this agreement will be used and
accessed only for the purpose of determining eligibility for premium
based TRICARE health plan such as the TRS and TRR Programs.
3. Neither DoD 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 DoD 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, DoD and USPS will specify in writing
what records are being disclosed and the reasons that justify such
disclosure.
M. Records Accuracy Assessments
DMDC estimates that at least 99% of the information in the finder
file is accurate based on their operational experience. USPS Payroll is
a highly reliable source of statistical data on the Postal Service
workforce. However, accuracy and completeness of each data element
within the individual records that comprise this aggregate are not
conclusive. Findings emanating from individual records warrant further
examination and verification as to its accuracy, timeliness, and
completeness with the data subject.
N. Reimbursements and Funding
Expenses incurred by this data exchange will not involve any
payments or reimbursements between USPS and DoD.
O. 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 Boards
(DIB), 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 the respective DIBs, the USPS, as the recipient 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, in accordance with
section 552(a)(e)(12) of title 5 U.S.C., the transmittal letter 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 the 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. Both 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 may be renewed for 12 months after the initial
agreement period as long as the statutory requirement for the data
match exists, subject to the Privacy Act, including certification by
the participating agencies to the responsible DIBs that:
a. The matching program will be conducted without change, and
b. 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 from either agency that satisfies both parties and is
approved by the DIB 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.
P. Waiver of Cost Benefit Analysis
The purpose of this matching agreement is to verify eligibility of
Service member enrolling or enrolled in the TRS or the TRR Programs. By
statute, such coverage may be provided if the person is not eligible
for the FEHB Program. FEHB Program eligibility can only be obtained
from USPS, and without this information, a determination of continued
eligibility cannot be made. Matching must occur regardless of the
associated cost or anticipated benefits. Accordingly, the cost benefit
is waived.
Q. Persons to Contact
The contacts on behalf of DoD are:
Mr. Samuel P. Jenkins, Director for Privacy, Defense Privacy and
Civil Liberties Office, 1901 S. Bell Street, Suite 920, Arlington, VA
22202, (703) 607-2943;
Mr. David M. Percich, Director, RC Systems and Integration, Office
of the Assistant Secretary of Defense for Reserve Affairs, 1500 Defense
Pentagon, Room 2E565, Washington, DC 20301, (703) 693-2238;
Ms. Dena Colburn, DEERS Division, Defense Manpower Data Center, DoD
Center Monterey Bay, 400 Gigling Rd., Seaside, CA 93955-6771, (831)
583-2400 x4332.
The contacts on behalf of USPS are:
Mr. M. Alan Ruof, Manager Benefits Program, 475 L'Enfant Plaza SW.,
Washington, DC 20260-410, (202) 268-4187, (202) 268-3337 fax, Email:
malan.alan.ruof@usps.gov;
Ms. Christine Harris, HQ Payroll Accountant, 2825 Lone Oak Parkway,
Eagan MN 55121-9500, (651) 406-2128, (651) 406-1212 fax, Email:
christine.a.harris@usps.gov.
[[Page 35437]]
R. Approvals
Department of Defense Program Officials
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.
Ms. Jessica L. Wright, Principal Deputy Assistant Secretary of
Defense for Reserve Affairs, Office of the Secretary of Defense for
Reserve Affairs;
Ms. Mary Snavely-Dixon, Director, Defense Manpower Data Center.
Defense Data Integrity Board
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, Chair, Defense Data Integrity Board,
Department of Defense.
USPS Program Officials
Michele Mulleady, Chief Privacy Officer, Secretary, Data Integrity
Board, United States Postal Service;
USPS Data Integrity Board
The respective DIBs having reviewed this agreement and found that
it complies with applicable statutory and regulatory guidelines signify
their respective approval thereof by the signature of the officials
appearing below.
Mary Anne Gibbons, General Counsel and Executive Vice President,
Chairperson, Data Integrity Board, United States Postal Service.
[FR Doc. 2012-14308 Filed 6-12-12; 8:45 am]
BILLING CODE 7710-12-P
