Privacy Act of 1974, Computer Matching Program-United States Postal Service and the Defense Manpower Data Center, Department of Defense, 55241-55245 [2016-19710]
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
POSTAL SERVICE
POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Product Change—First-Class Package
Service Negotiated Service Agreement
Postal ServiceTM.
Notice.
Postal ServiceTM.
Notice.
AGENCY:
AGENCY:
ACTION:
ACTION:
SUMMARY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: August 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on August 12,
2016, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Contract 232 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2016–178,
CP2016–257.
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: August 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on August 12,
2016, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add First-Class
Package Service Contract 60 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2016–176, CP2016–255.
Stanley F. Mires,
Attorney, Federal Compliance.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–19707 Filed 8–17–16; 8:45 am]
[FR Doc. 2016–19694 Filed 8–17–16; 8:45 am]
BILLING CODE 7710–12–P
BILLING CODE 7710–12–P
POSTAL SERVICE
POSTAL SERVICE
Product Change—Priority Mail Express
Negotiated Service Agreement
Privacy Act of 1974, Computer
Matching Program—United States
Postal Service and the Defense
Manpower Data Center, Department of
Defense
Postal ServiceTM.
Notice.
AGENCY:
ACTION:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: August 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on August 12,
2016, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Express Contract 41 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2016–180,
CP2016–259.
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SUMMARY:
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–19695 Filed 8–17–16; 8:45 am]
BILLING CODE 7710–12–P
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SUMMARY:
Postal Service.
Notice of Computer Matching
Program—United States Postal Service
and the Defense Manpower Data Center,
Department of Defense.
AGENCY:
ACTION:
The United States Postal
Service® (USPS®) plans to continue to
participate as a 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 program, and associated computer
matching agreement (Agreement), is to
enable the DMDC to determine whether
members of the Ready Reserve, Standby
Reserve, or the Retired Reserve of the
Armed Forces of the United States are
eligible for the TRICARE Reserve Select
Program (TRS) or TRICARE Retired
Reserve Program (TRR). Specifically,
this program is intended to identify TRS
and TRR recipients who are eligible for,
or who are receiving, health coverage
under Federal Employee Health Benefits
SUMMARY:
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55241
(FEHB), and on the basis of these
findings and subsequent investigation,
to terminate TRS and 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 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 Privacy and 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:
Janine Castorina, Chief Privacy Officer,
(202) 268–3069 or privacy@usps.gov.
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 Postal
Service is undertaking this initiative to
assist the DMDC in fulfilling a mandate
issued under section 706 of the John
Warner National Defense Authorization
Act of 2007 (NDAA of 2007) (Pub. L.
109–364), and section 705 of the
National Defense Authorization Act for
Fiscal Year 2010 (Pub. L. 111–84). These
Acts exclude from program coverage
those Selected Reserve and Retired
Reserve members who are also eligible
for Federal Employee Health Benefits
(FEHB) under chapter 89 of title 5, U.S.
Code.
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 enrollment in the TRS and
the TRR programs. If this semiannual
identification is not accomplished by
computer matching, but instead done
manually, the burdensome process
would be cost 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 who 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
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health care insurance coverage. 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. There
are no other consolidated data sources
available containing this type of
information.
The DMDC will provide the Postal
Service an electronic file containing
personally identifiable information from
system of records DMDC 02, ‘‘Defense
Enrollment Eligibility Reporting System
(DEERS)’’ as amended by 80 FR 68304
(November 4, 2015).The Postal Service
will compare the DMDC electronic file
with its payroll files from system of
records USPS 100.400, Personnel
Compensation and Payroll Records, as
amended by 80 FR11241 (March 2,
2015), routine use 7. Postal Service
employee matches will be provided to
the DMDC with the FEHB program
eligibility and federal employment
information necessary to either verify
the eligibility to enroll or verify the
continuing eligibility of enrolled service
members.
The DMDC will update System of
Record DMDC 02 with the USPS FEHB
eligibility information and will provide
the matching results to the responsible
Reserve Component. The 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
individuals of their ineligibility for TRS
or TRR 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 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 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
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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 Circular No.
A–130, Appendix I, 65 FR 77677
(December 12, 2000)).
Stanley F. Mires,
Attorney, Federal Compliance.
COMPUTER MATCHING AGREEMENT
BETWEEN THE UNITED STATES POSTAL
SERVICE AND THE DEPARTMENT OF
DEFENSE
DEFENSE MANPOWER DATA CENTER
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.), as the recipient agency, will
receive from the DoD, the source agency,
personally identifiable information
pertaining to members of the Ready Reserve,
Standby Reserve, and Retired Reserve of the
Armed Forces of the United States. Such
information will be used in a matching
program for the purpose of providing the
DoD with the FEHB program eligibility and
Federal employment information necessary
to either verify the eligibility to enroll or
verify the continuing 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 (PL)
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 PL 109–364, the John
Warner National Defense Authorization Act
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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 PL 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 Enrollment Eligibility
Reporting System
8. OASD(RA)—Office of the Assistant
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
DMDC is the source agency.
11. DHA—the Defense Health Agency
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
Enrollment Eligibility 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
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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 for
those full-time employees in a current pay
status. 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, makes a decision to terminate TRS
coverage, or leaves 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 makes a decision to
terminate the coverage, or enrolls in a nonpremium 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 the TRS
or the 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
currently enrolled Service members 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.
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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 DoD, entitled
‘‘Defense Enrollment Eligibility Reporting
Systems (DEERS) November 04, 2015, 80 FR
68304.’’ The SSNs of RC Service members
released to USPS pursuant to the routine use
‘‘6’’ 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 80 FR
11241, March 2, 2015, pursuant to routine
use 6. (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 Defense Health Agency,
(DHA)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
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55243
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 DHA
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 DHA 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
The electronic data sent from DMDC to the
USPS (‘‘finder file’’) in accordance with this
matching program will remain the property
of the DMDC. The USPS will destroy this
finder file after the third consecutive day that
it has not been accessed, when the next
finder file is received, which ever date is
earlier, or upon cancellation of the
agreement. The electronic data that the USPS
provides to DMDC resulting from the match
will remain the property of the USPS. The
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DMDC will destroy this file the date of the
set-up of the next finder file, within 60 days
of receiving the file from USPS, which ever
date is earlier, or upon cancellation of the
agreement. All destruction under this section
will be accomplished by shredding, burning,
or electronic erasure. Notwithstanding the
preceding sentences, DMDC and USPS may
retain the electronic data as needed to meet
evidential requirements.
K. Security and Privacy Procedures
1. DoD will comply with all Federal
requirements relating to information security,
information systems security, and privacy,
including the Federal Information Security
Modernization Act of 2014 (FISMA), the EGovernment Act of 2002, OMB memoranda
related to privacy, and National Institute of
Standards and Technology (NIST) directives
in the Special Publications (SP) 800 series
(e.g., NIST SP 800–53, Rev. 4, and NIST SP
800–37, Rev. 1). The Postal Service, as an
independent establishment of the executive
branch, is not required to follow the
requirements identified in the preceding
sentence, but will follow its security and
privacy requirements and policies, including:
a. Title 39, Code of Federal Regulations,
Part 268;
b. USPS Handbook AS–353—Guide to
Privacy, the Freedom of Information Act, and
Records Management (available at https://
about.usps.com/handbooks/as353/
welcome.htm);
c. USPS Response Plan for Information
Breaches Involving Personal Information;
d. USPS Handbook AS–805, Information
Technology and AS–805–H Cloud Security;
and
e. the official USPS Privacy Policy
(available at www.usps.com/privacy).
2. 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.
3. Data must be protected at the Moderate
system certification criticality level according
to Federal Information Processing Standards
(FIPS) Publication 199, Standards for
Security Categorization of Federal
Information and Information Systems.
4. DoD and USPS have completed the
security authorization process and the
certification and accreditation process
respectively within the last 3 years, using the
required NIST guidance, and have an
Authorization to Operate (ATO) and
accreditation letter with the appropriate
signatures.
5. FISMA requirements apply to all Federal
contractors, organizations, or entities that
possess or use Federal information, or that
operate, use, or have access to Federal
information systems on behalf of an agency.
DoD and USPS agree that they are
responsible for oversight and compliance of
their own contractors and agents. DoD and
USPS each reserve the right to conduct onsite
inspections of any contractor or agent who
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has access to matched data in order to
monitor compliance with FISMA regulations
during the lifetime of this CMA.
6. 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.
Further, all personnel who will have access
to the data matched and to any data created
by the match will be advised of the
confidential nature of the data, the safeguards
required to protect the data, and the civil and
criminal sanctions for noncompliance
contained in the applicable Federal laws.
7. 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.
8. 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.
9. USPS Payroll and DMDC may make
onsite inspections, and may make other
provisions to ensure that each agency is
maintaining adequate safeguards.
10. 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. Breach Notification
1. DoD will follow PII breach notification
policies and related procedures as required
by OMB M–07–16, ‘‘Safeguarding Against
and Responding to the Breach of Personally
Identifiable Information’’ (May 22, 2007).
Using established criteria, if in the event of
a breach of PII within its control, DoD
determines that the risk of harm to affected
individuals or to the agency requires
notification to affected individuals and/or
other remedies, the DoD will carry out these
remedies without cost to the Postal Service.
USPS and DoD will also comply with the
personally identifiable information (PII)
breach reporting and security requirements
as required by OMB M–06–19, ‘‘Reporting
Incidents Involving Personally Identifiable
Information and Incorporating the Cost for
Security in Agency Information Technology
Investments’’, and OMB M–15–01, ‘‘Fiscal
Year 2014–2015 Guidance on Improving
Federal Information Security and Privacy
Management Practices’’.
2. USPS will follow USPS breach
notification policies and related procedures
referenced in section K(1)(c): USPS Response
Plan for Information Breaches Involving
Personal Information.
3. USPS and DoD also agree to notify each
other as soon as possible, but no later than
24 hours, after the discovery of a suspected
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
or actual breach involving PII. All incidents
involving confirmed or suspected breaches of
PII must be reported by DoD to the U.S.
Computer Emergency Readiness Team (US–
CERT) within one hour of discovering the
incident.
4. In addition, the agency experiencing the
loss of PII will notify the other agency’s
Systems Security Contact named in Section
S of this Agreement. If USPS is unable to
speak with the DoD Systems Security Contact
within 24 hours or if for some other reason
notifying the DoD Systems Security Contact
is not practicable (e.g., it is outside of the
normal business hours), USPS will call the
DoD at 831–583–4159. If DoD is unable to
speak with USPS’s Systems Security Contact
within 24 hours, DoD will contact the USPS
Computer Incident Response Team
(USPSCIRT) via email at USPSCIRT@
usps.gov.
M. 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
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.
N. 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.
O. Reimbursements and Funding
Expenses incurred by this data exchange
will not involve any payments or
reimbursements between USPS and DoD.
P. 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.
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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 to this
agreement. Any modification shall satisfy
both parties and shall be approved by the DIB
of each agency. In addition, any modification
shall comply with the Privacy Act of 1974,
as amended, as well as guidance issued by
the Office of Management and Budget.
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.
Q. Waiver of Cost Benefit Analysis
The purpose of this matching agreement is
to verify eligibility of Service members
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
VerDate Sep<11>2014
15:05 Aug 17, 2016
Jkt 238001
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.
R. Comptroller General
The Comptroller General may have access
to all records of the USPS that the
Comptroller General deems necessary in
order to monitor or verify compliance with
the agreement.
S. Persons To Contact
The contacts on behalf of DoD are: Ms.
Cindy Allard, Chief, Privacy, Civil Liberties,
and Transparency Division, ODCMO,
Directorate For Oversight And Compliance
4800 Mark Center Drive, Attn: DPCLTD,
Mailbox# 24, Alexandria, VA 22350–1700,
(703) 571–0070; Mr. Matthew Dubois, Deputy
Assistant Secretary of Defense (Reserve
Integration), 1500 Defense Pentagon,
Washington DC 20301–1150, (703) 693–2232;
Ms. Dena Colburn, DEERS Division, Defense
Manpower Data Center, DoD Center
Monterey Bay, 400 Gigling Rd., Seaside, CA.
93955–6771, (831) 583–2400 x4332; DMDC
Security and Incident Response: Donna
Naulivou, IA Branch Chief, Defense
Manpower Data Center, 400 Gigling Road,
Seaside, CA 93955–6771, 831–583–4159,
donna.m.maulivou.civ@mail.mil.The contact
on behalf of USPS is: Ms. Ms. Erica Hayton,
Manager Benefits and Wellness Program, 475
L’Enfant Plaza SW., Washington DC 20260–
4101, (202) 268–3735, (202) 268–3337 fax,
Erica.m.hayton@usps.gov;Ms. Christine
Harris, Headquarters Payroll Accountant,
2825 Lone Oak Parkway, Eagan, MN 55121–
9500, (651) 406–2128, (651) 406–1212 fax,
christine.a.harris@usps.gov;USPS Security
and Incident Response: USPS Computer
Incident Response Team, 1–866–877–7247,
USPSCIRT@usps.gov.
T. 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.
Matthew Dubois, Deputy Assistant
Secretary of Defense, (Reserve Affairs); Mary
Snavely-Dixon, Director, Defense Manpower
Data Center
Department of 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. Joo Y. Chung, Chair, Defense Data
Integrity Board, Department of Defense
United States Postal Service Program Official
Janine Castornina, (A) Chief Privacy
Officer, Secretary, Data Integrity Board,
United States Postal Service.
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
55245
United States Postal Service 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.
Thomas J. Marshall, General Counsel and
Executive Vice President, Chairperson, Data
Integrity Board, United States Postal Service.
[FR Doc. 2016–19710 Filed 8–17–16; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78567; File No. SR–
NASDAQ–2016–115]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Nasdaq Rule 7018
August 12, 2016.
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 August
10, 2016, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
a proposed rule change as described in
Items I, II and III below, which Items
have been prepared by the Exchange.
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 the Substance
of the Proposed Rule Change
Nasdaq is proposing to amend Nasdaq
Rule 7018(a) to add a new credit tier for
a combination of accessing and
providing liquidity in securities of all
three Tapes.3
The text of the proposed rule change
is available at
nasdaq.cchwallstreet.com, at Nasdaq’s
principal office, and at the
Commission’s Public Reference Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 There are three Tapes, which are based on the
listing venue of the security: Tape C securities are
Nasdaq-listed; Tape A securities are New York
Stock Exchange (‘‘NYSE’’)-listed; and Tape B
securities are listed on exchanges other than Nasdaq
and NYSE.
2 17
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55241-55245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19710]
-----------------------------------------------------------------------
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 continue to participate as a 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 program, and
associated computer matching agreement (Agreement), is to enable the
DMDC to determine whether members of the Ready Reserve, Standby
Reserve, or the Retired Reserve of the Armed Forces of the United
States are eligible for the TRICARE Reserve Select Program (TRS) or
TRICARE Retired Reserve Program (TRR). Specifically, this program is
intended to identify TRS and TRR recipients who are eligible for, or
who are receiving, health coverage under Federal Employee Health
Benefits (FEHB), and on the basis of these findings and subsequent
investigation, to terminate TRS and 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 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 Privacy and 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: Janine Castorina, Chief Privacy
Officer, (202) 268-3069 or privacy@usps.gov.
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 Postal Service is undertaking this
initiative to assist the DMDC in fulfilling a mandate issued under
section 706 of the John Warner National Defense Authorization Act of
2007 (NDAA of 2007) (Pub. L. 109-364), and section 705 of the National
Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84). These
Acts exclude from program coverage those Selected Reserve and Retired
Reserve members who are also eligible for Federal Employee Health
Benefits (FEHB) under chapter 89 of title 5, U.S. Code.
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 enrollment in the TRS and the TRR
programs. If this semiannual identification is not accomplished by
computer matching, but instead done manually, the burdensome process
would be cost 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 who 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
[[Page 55242]]
health care insurance coverage. 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. There are no other
consolidated data sources available containing this type of
information.
The DMDC will provide the Postal Service an electronic file
containing personally identifiable information from system of records
DMDC 02, ``Defense Enrollment Eligibility Reporting System (DEERS)'' as
amended by 80 FR 68304 (November 4, 2015).The Postal Service will
compare the DMDC electronic file with its payroll files from system of
records USPS 100.400, Personnel Compensation and Payroll Records, as
amended by 80 FR11241 (March 2, 2015), routine use 7. Postal Service
employee matches will be provided to the DMDC with the FEHB program
eligibility and federal employment information necessary to either
verify the eligibility to enroll or verify the continuing eligibility
of enrolled service members.
The DMDC will update System of Record DMDC 02 with the USPS FEHB
eligibility information and will provide the matching results to the
responsible Reserve Component. The 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 individuals of their
ineligibility for TRS or TRR 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
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 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 Circular No. A-130, Appendix I, 65 FR 77677 (December
12, 2000)).
Stanley F. Mires,
Attorney, Federal Compliance.
COMPUTER MATCHING AGREEMENT BETWEEN THE UNITED STATES POSTAL SERVICE
AND THE DEPARTMENT OF DEFENSE
DEFENSE MANPOWER DATA CENTER
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.),
as the recipient agency, will receive from the DoD, the source
agency, personally identifiable information pertaining to members of
the Ready Reserve, Standby Reserve, and Retired Reserve of the Armed
Forces of the United States. Such information will be used in a
matching program for the purpose of providing the DoD with the FEHB
program eligibility and Federal employment information necessary to
either verify the eligibility to enroll or verify the continuing
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 (PL) 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 PL 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 PL 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 Enrollment Eligibility Reporting System
8. OASD(RA)--Office of the Assistant 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 DMDC is the source agency.
11. DHA--the Defense Health Agency
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 Enrollment Eligibility 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
[[Page 55243]]
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 for those full-time employees
in a current pay status. 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, makes a decision to
terminate TRS coverage, or leaves 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 makes a
decision to terminate the coverage, or enrolls 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 the TRS or the 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
currently enrolled Service members 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 DoD, entitled ``Defense Enrollment Eligibility Reporting
Systems (DEERS) November 04, 2015, 80 FR 68304.'' The SSNs of RC
Service members released to USPS pursuant to the routine use ``6''
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 80 FR 11241, March 2, 2015,
pursuant to routine use 6. (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 Defense Health Agency, (DHA)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 DHA 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 DHA 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
The electronic data sent from DMDC to the USPS (``finder file'')
in accordance with this matching program will remain the property of
the DMDC. The USPS will destroy this finder file after the third
consecutive day that it has not been accessed, when the next finder
file is received, which ever date is earlier, or upon cancellation
of the agreement. The electronic data that the USPS provides to DMDC
resulting from the match will remain the property of the USPS. The
[[Page 55244]]
DMDC will destroy this file the date of the set-up of the next
finder file, within 60 days of receiving the file from USPS, which
ever date is earlier, or upon cancellation of the agreement. All
destruction under this section will be accomplished by shredding,
burning, or electronic erasure. Notwithstanding the preceding
sentences, DMDC and USPS may retain the electronic data as needed to
meet evidential requirements.
K. Security and Privacy Procedures
1. DoD will comply with all Federal requirements relating to
information security, information systems security, and privacy,
including the Federal Information Security Modernization Act of 2014
(FISMA), the E-Government Act of 2002, OMB memoranda related to
privacy, and National Institute of Standards and Technology (NIST)
directives in the Special Publications (SP) 800 series (e.g., NIST
SP 800-53, Rev. 4, and NIST SP 800-37, Rev. 1). The Postal Service,
as an independent establishment of the executive branch, is not
required to follow the requirements identified in the preceding
sentence, but will follow its security and privacy requirements and
policies, including:
a. Title 39, Code of Federal Regulations, Part 268;
b. USPS Handbook AS-353--Guide to Privacy, the Freedom of
Information Act, and Records Management (available at https://about.usps.com/handbooks/as353/welcome.htm);
c. USPS Response Plan for Information Breaches Involving
Personal Information;
d. USPS Handbook AS-805, Information Technology and AS-805-H
Cloud Security; and
e. the official USPS Privacy Policy (available at www.usps.com/privacy).
2. 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.
3. Data must be protected at the Moderate system certification
criticality level according to Federal Information Processing
Standards (FIPS) Publication 199, Standards for Security
Categorization of Federal Information and Information Systems.
4. DoD and USPS have completed the security authorization
process and the certification and accreditation process respectively
within the last 3 years, using the required NIST guidance, and have
an Authorization to Operate (ATO) and accreditation letter with the
appropriate signatures.
5. FISMA requirements apply to all Federal contractors,
organizations, or entities that possess or use Federal information,
or that operate, use, or have access to Federal information systems
on behalf of an agency. DoD and USPS agree that they are responsible
for oversight and compliance of their own contractors and agents.
DoD and USPS each reserve the right to conduct onsite inspections of
any contractor or agent who has access to matched data in order to
monitor compliance with FISMA regulations during the lifetime of
this CMA.
6. 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.
Further, all personnel who will have access to the data matched and
to any data created by the match will be advised of the confidential
nature of the data, the safeguards required to protect the data, and
the civil and criminal sanctions for noncompliance contained in the
applicable Federal laws.
7. 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.
8. 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.
9. USPS Payroll and DMDC may make onsite inspections, and may
make other provisions to ensure that each agency is maintaining
adequate safeguards.
10. 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. Breach Notification
1. DoD will follow PII breach notification policies and related
procedures as required by OMB M-07-16, ``Safeguarding Against and
Responding to the Breach of Personally Identifiable Information''
(May 22, 2007). Using established criteria, if in the event of a
breach of PII within its control, DoD determines that the risk of
harm to affected individuals or to the agency requires notification
to affected individuals and/or other remedies, the DoD will carry
out these remedies without cost to the Postal Service. USPS and DoD
will also comply with the personally identifiable information (PII)
breach reporting and security requirements as required by OMB M-06-
19, ``Reporting Incidents Involving Personally Identifiable
Information and Incorporating the Cost for Security in Agency
Information Technology Investments'', and OMB M-15-01, ``Fiscal Year
2014-2015 Guidance on Improving Federal Information Security and
Privacy Management Practices''.
2. USPS will follow USPS breach notification policies and
related procedures referenced in section K(1)(c): USPS Response Plan
for Information Breaches Involving Personal Information.
3. USPS and DoD also agree to notify each other as soon as
possible, but no later than 24 hours, after the discovery of a
suspected or actual breach involving PII. All incidents involving
confirmed or suspected breaches of PII must be reported by DoD to
the U.S. Computer Emergency Readiness Team (US-CERT) within one hour
of discovering the incident.
4. In addition, the agency experiencing the loss of PII will
notify the other agency's Systems Security Contact named in Section
S of this Agreement. If USPS is unable to speak with the DoD Systems
Security Contact within 24 hours or if for some other reason
notifying the DoD Systems Security Contact is not practicable (e.g.,
it is outside of the normal business hours), USPS will call the DoD
at 831-583-4159. If DoD is unable to speak with USPS's Systems
Security Contact within 24 hours, DoD will contact the USPS Computer
Incident Response Team (USPSCIRT) via email at USPSCIRT@usps.gov.
M. 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.
N. 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.
O. Reimbursements and Funding
Expenses incurred by this data exchange will not involve any
payments or reimbursements between USPS and DoD.
P. 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.
[[Page 55245]]
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 to this agreement. Any modification shall satisfy both
parties and shall be approved by the DIB of each agency. In
addition, any modification shall comply with the Privacy Act of
1974, as amended, as well as guidance issued by the Office of
Management and Budget.
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.
Q. Waiver of Cost Benefit Analysis
The purpose of this matching agreement is to verify eligibility
of Service members 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.
R. Comptroller General
The Comptroller General may have access to all records of the
USPS that the Comptroller General deems necessary in order to
monitor or verify compliance with the agreement.
S. Persons To Contact
The contacts on behalf of DoD are: Ms. Cindy Allard, Chief,
Privacy, Civil Liberties, and Transparency Division, ODCMO,
Directorate For Oversight And Compliance 4800 Mark Center Drive,
Attn: DPCLTD, Mailbox# 24, Alexandria, VA 22350-1700, (703) 571-
0070; Mr. Matthew Dubois, Deputy Assistant Secretary of Defense
(Reserve Integration), 1500 Defense Pentagon, Washington DC 20301-
1150, (703) 693-2232; Ms. Dena Colburn, DEERS Division, Defense
Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Rd.,
Seaside, CA. 93955-6771, (831) 583-2400 x4332; DMDC Security and
Incident Response: Donna Naulivou, IA Branch Chief, Defense Manpower
Data Center, 400 Gigling Road, Seaside, CA 93955-6771, 831-583-4159,
donna.m.maulivou.civ@mail.mil.The contact on behalf of USPS is: Ms.
Ms. Erica Hayton, Manager Benefits and Wellness Program, 475
L'Enfant Plaza SW., Washington DC 20260-4101, (202) 268-3735, (202)
268-3337 fax, Erica.m.hayton@usps.gov;Ms. Christine Harris,
Headquarters Payroll Accountant, 2825 Lone Oak Parkway, Eagan, MN
55121-9500, (651) 406-2128, (651) 406-1212 fax,
christine.a.harris@usps.gov;USPS Security and Incident Response:
USPS Computer Incident Response Team, 1-866-877-7247,
USPSCIRT@usps.gov.
T. 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.
Matthew Dubois, Deputy Assistant Secretary of Defense, (Reserve
Affairs); Mary Snavely-Dixon, Director, Defense Manpower Data Center
Department of 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. Joo Y. Chung, Chair, Defense Data Integrity Board,
Department of Defense
United States Postal Service Program Official
Janine Castornina, (A) Chief Privacy Officer, Secretary, Data
Integrity Board, United States Postal Service.
United States Postal Service 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.
Thomas J. Marshall, General Counsel and Executive Vice
President, Chairperson, Data Integrity Board, United States Postal
Service.
[FR Doc. 2016-19710 Filed 8-17-16; 8:45 am]
BILLING CODE 7710-12-P