Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 80529 

contained in USITC Publication 4203 

(December 2010), entitled Wooden 

Bedroom Furniture from China: 

Investigation No. 731–TA–1058 

(Review). 

By order of the Commission. 

Issued: December 15, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–32029 Filed 12–21–10; 8:45 am] 

BILLING CODE 7020–02–P 

JOINT BOARD FOR ENROLLMENT OF 

ACTUARIES 

Privacy Act of 1974, as Amended 

AGENCY: Joint Board for the Enrollment 

of Actuaries. 

ACTION: Notice of proposed alterations to 

three Privacy Act systems of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, the Joint Board for the 

Enrollment of Actuaries (Joint Board) 

gives notice of proposed alterations to 

three Privacy Act systems of records 

related to its functions: JBEA–2, Charge 

Case Inventory Files; JBEA–4, 

Enrollment Files; and JBEA–6, General 

Correspondence File. 

DATES: Comments must be received no 

later than January 21, 2011. The 

proposed altered systems will become 

effective January 31, 2011, unless the 

Joint Board receives comments which 

cause reconsideration of this action. 

ADDRESSES: Comments should be sent 

to: Executive Director, Joint Board for 

the Enrollment of Actuaries, c/o Internal 

Revenue Service/Office of Professional 

Responsibility, SE:OPR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. Comments will be available 

for inspection and copying in the 

Internal Revenue Service Freedom of 

Information Reading Room (Room 1621) 

at the above address. The telephone 

number for the Reading Room is (202) 

622–5164 (not a toll-free number). 

FOR FURTHER INFORMATION CONTACT: Earl 

Prater, Senior Counsel, Office of 

Professional Responsibility, at (202) 

622–8018 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 3041 of the Employee 

Retirement Income Security Act of 1974 

(ERISA), 29 U.S.C. 1241, the Secretary 

of Labor and the Secretary of the 

Treasury established the Joint Board. 

The Joint Board consists of three 

members appointed by the Secretary of 

the Treasury and two members 

appointed by the Secretary of Labor. A 

non-voting representative of the Pension 

Benefit Guaranty Corporation 

participates in the Joint Board’s 

discussions. The Joint Board, in carrying 

out its responsibilities under ERISA, is 

advised and assisted by the Executive 

Director, a position established within 

the Office of Professional 

Responsibility, Internal Revenue 

Service. 

Section 3042 of ERISA provides that 

the Joint Board shall, by regulations, 

establish reasonable standards and 

qualifications for individuals 

performing actuarial services pertaining 

to plans covered by ERISA and shall 

enroll such individuals if the Joint 

Board finds they satisfy such standards 

and qualifications. Section 3042 of 

ERISA also provides that the Joint Board 

may, after notice and an opportunity for 

a hearing, suspend or terminate the 

enrollment of an individual if the Joint 

Board finds that such individual has 

failed to discharge his or her duties 

under ERISA or does not satisfy the 

requirements for enrollment that were 

in effect at the time of enrollment. The 

Joint Board’s regulations are set out at 

20 CFR parts 900 through 903. 

The Joint Board currently maintains 

nine Privacy Act systems of records 

related to its functions. As described 

below, the Joint Board proposes to 

consolidate the nine current systems 

into three altered systems: JBEA–2, 

Enrolled Actuary Disciplinary Records; 

JBEA–4, Enrolled Actuary Enrollment 

Records; and JBEA–6, Correspondence 

and Miscellaneous Records. 

(1) JBEA–2—Charge Case Inventory 

Files 

The following alterations to this 

system of records are proposed: 

(a) To change the title of the system 

to ‘‘Enrolled Actuary Disciplinary 

Records’’; 

(b) To consolidate in this system of 

records all disciplinary-related records 

from this system and from the following 

systems— 

JBEA–4, Enrollment Files; 

JBEA–8, Suspension and Termination 

Files; 

JBEA–9, Suspension and Termination 

Roster; 

(c) To make necessary additions to 

Categories of Individuals Covered by the 

System, Categories of Records in the 

System, and Retrievability; 

(d) To add to the system notice the 

required data elements of Purpose(s) 

and Record Source Categories; 

(e) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to the Department of Justice 

for advice or action; 

(f) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure in response to a court 

subpoena and for other litigation 

purposes; 

(g) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to a Federal agency in 

response to its request in connection 

with the hiring or retaining of an 

employee, the issuance of a security 

clearance, the letting of a contract, or 

the issuance of a license, grant, or other 

benefit, and to include in the routine 

use disclosure to a state, local, tribal, or 

foreign agency, or other public 

authority; 

(h) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to law enforcement 

authorities of apparent violations of 

civil or criminal law; 

(i) To add a routine use authorizing 

disclosure to a contractor to the extent 

necessary to perform the contract; 

(j) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to investigative offices of 

other agencies for development of facts, 

and to include in the routine use 

disclosure to other third parties during 

an investigation; 

(k) To incorporate a routine use from 

JBEA–1, JBEA–3, JBEA–4, and JBEA–8 

authorizing disclosure to the 

Department of Labor and the 

Department of the Treasury for purposes 

of administering ERISA, to include in 

the routine use disclosure to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies, and to restate the routine use 

for clarity and specificity; 

(l) To add a routine use authorizing 

the Joint Board to make available for 

public inspection or otherwise disclose 

to the general public (including via Web 

sites) the Joint Board’s final agency 

decisions on appeal in disciplinary 

proceedings and administrative law 

judges’ decisions that have become final 

agency decisions upon the expiration of 

the appeal period; 

(m) To incorporate a routine use from 

JBEA–9, Suspension and Termination 

Roster, authorizing disclosure to the 

public, pursuant to ‘‘5 U.S. Code, 

Section 552’’ (the Freedom of 

Information Act), of the list of actuaries 

whose enrollment has been suspended 


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80530 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 

or terminated, to delete the reference to 

‘‘5 U.S. Code, Section 552,’’ to include in 

the routine use authority to make 

available for public inspection or 

otherwise disclose (including via Web 

sites) to the general public, after the 

subject individual has exhausted 

administrative appeal rights, the name, 

mailing address, type of disciplinary 

sanction, effective dates, and 

information about the conduct that gave 

rise to the sanction pertaining to 

individuals who have received 

disciplinary sanctions, and to restate the 

routine use for clarity and specificity; 

(n) To add a routine use authorizing 

disclosure of information to a public, 

quasi-public, or private professional 

authority, agency, organization, or 

association, which individuals covered 

by this system of records may be 

licensed by, subject to the jurisdiction 

of, a member of, or affiliated with, 

including but not limited to state bars 

and certified public accountancy 

boards, to assist such authorities, 

agencies, organizations, or associations 

in meeting their responsibilities in 

connection with the administration and 

maintenance of standards of integrity, 

conduct, and discipline; 

(o) To add a routine use authorizing 

disclosure of information concerning 

the status of disciplinary investigations 

to individuals who send the Joint Board 

information concerning possible 

violations of the regulations; 

(p) To add a routine use authorizing 

disclosure to the Office of Personnel 

Management of the identity and status 

of disciplinary cases in order for the 

Office of Personnel Management to 

process requests for assignment of 

administrative law judges to conduct 

disciplinary proceedings; 

(q) To add a routine use authorizing 

disclosure to appropriate agencies, 

entities, and persons when the Joint 

Board suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised, the Joint Board has 

determined that there is a risk of harm 

to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs that rely 

upon the compromised information, and 

the disclosure is reasonably necessary to 

assist in connection with the Joint 

Board’s efforts to respond and prevent, 

minimize, or remedy harm; 

(r) To delete, as redundant to section 

(b)(1) of the Privacy Act, which permits 

disclosures within an agency, a routine 

use stated as ‘‘Determinations as to 

whether individuals’ enrollment to 

perform actuarial services with respect 

to plans to which ERISA applies should 

be suspended or terminated’’; 

(s) To delete an unnecessary routine 

use authorizing disclosure to 

congressional offices in response to 

inquiries from constituents, who 

authorize disclosure by consent; and 

(t) To make necessary ‘‘housekeeping’’ 

alterations, such as updating addresses. 

(2) JBEA–4—Enrollment Files 

The following alterations to this 

system of records are proposed: 

(a) To change the title of the system 

to ‘‘Enrolled Actuary Enrollment 

Records’’; 

(b) To consolidate in this system of 

records all enrollment-related records 

from this system and from the following 

systems— 

JBEA–1, Application Files; 

JBEA–2, Charge Case Inventory Files; 

JBEA–3, Denied Applications; 

JBEA–5, Enrollment Roster; 

JBEA–7, General Information; 

JBEA–8, Suspension and Termination 

Files; 

JBEA–9, Suspension and Termination 

Roster; 

(c) To make necessary additions to 

Categories of Individuals Covered by the 

System, Categories of Records in the 

System, and Retrievability; 

(d) To add to the system notice the 

required data elements of Purpose(s) 

and Record Source Categories; 

(e) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to the Department of Justice 

for advice or action; 

(f) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure in response to a court 

subpoena and for other litigation 

purposes; 

(g) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to a Federal agency in 

response to its request in connection 

with the hiring or retaining of an 

employee, the issuance of a security 

clearance, the letting of a contract, or 

the issuance of a license, grant, or other 

benefit, and to include in the routine 

use disclosure to a state, local, tribal, or 

foreign agency, or other public 

authority; 

(h) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to law enforcement 

authorities of apparent violations of 

civil or criminal law; 

(i) To add a routine use authorizing 

disclosure to a contractor to the extent 

necessary to perform the contract; 

(j) To incorporate from JBEA–2 and 

JBEA–7 a routine use authorizing 

disclosure to investigative offices of 

other agencies for development of facts, 

to include in the routine use disclosure 

to other third parties during an 

investigation, and to restate the routine 

use for clarity and specificity; 

(k) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to the Department of Labor 

and the Department of the Treasury for 

purposes of administering ERISA and to 

include in the use disclosure to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies; 

(l) To restate, for clarity and 

specificity, a routine use authorizing the 

verification of enrollment status and to 

include in the routine use authority to 

make available for public inspection or 

otherwise disclose to the general public 

(including via Web sites) the name, 

enrollment number, enrollment status, 

including effective dates, as well as 

mailing address, firm or company name, 

telephone number, fax number, e-mail 

address, and Web site address, 

pertaining to individuals who are, or 

were, enrolled actuaries; 

(m) To add a routine use authorizing 

disclosure of information to a public, 

quasi-public, or private professional 

authority, agency, organization, or 

association, which individuals covered 

by this system of records may be 

licensed by, subject to the jurisdiction 

of, a member of, or affiliated with, 

including but not limited to state bars 

and certified public accountancy 

boards, to assist such authorities, 

agencies, organizations, or associations 

in meeting their responsibilities in 

connection with the administration and 

maintenance of standards of integrity, 

conduct, and discipline; 

(n) To add a routine use authorizing 

disclosure to appropriate agencies, 

entities, and persons when the Joint 

Board suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised, the Joint Board has 

determined that there is a risk of harm 

to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs that rely 

upon the compromised information, and 

the disclosure is reasonably necessary to 


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Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 80531 

assist in connection with the Joint 

Board’s efforts to respond and prevent, 

minimize, or remedy harm; 

(o) To delete, as redundant to section 

(b)(1) of the Privacy Act, which permits 

disclosures within an agency, a routine 

stated as ‘‘Use in conjunction with 

disciplinary actions pursuant to Title 29 

U.S. Code, Section 1242’’; 

(p) To delete an unnecessary routine 

use authorizing disclosure to 

congressional offices in response to 

inquiries from constituents, who 

authorize disclosure by consent; and 

(q) To make necessary ‘‘housekeeping’’ 

alterations, such as updating addresses. 

(3) JBEA–6, General Correspondence 

File 

The following alterations to this 

system of records are proposed: 

(a) To change the title of the system 

to ‘‘Correspondence and Miscellaneous 

Records’’; 

(b) To make necessary additions to 

Categories of Individuals Covered by the 

System, Categories of Records in the 

System, Retrievability, and Record 

Source Categories; 

(c) To add to the system notice the 

required data element of Purpose(s); 

(d) To incorporate from JBEA–1, 

JBEA–2, JBEA–4, JBEA–7, and JBEA–8 a 

routine use authorizing disclosure to the 

Department of Justice for advice or 

action and to restate the routine use for 

clarity and specificity; 

(e) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure in response to a court 

subpoena and for other litigation 

purposes; 

(f) To restate, for clarity and 

specificity, a routine use authorizing 

disclosure to a Federal agency in 

response to its request in connection 

with the hiring or retaining of an 

employee, the issuance of a security 

clearance, the letting of a contract, or 

the issuance of a license, grant, or other 

benefit, and to include in the routine 

use disclosure to a state, local, tribal, or 

foreign agency, or other public 

authority; 

(g) To incorporate from JBEA–1, 

JBEA–2, JBEA–3, JBEA–4, JBEA–7, and 

JBEA–8 a routine use authorizing 

disclosure to law enforcement 

authorities of apparent violations of 

civil or criminal law and to restate the 

routine use for clarity and specificity; 

(h) To add a routine use authorizing 

disclosure to a contractor to the extent 

necessary to perform the contract; 

(i) To incorporate a routine use from 

JBEA–1, JBEA–3, JBEA–4, and JBEA–8 

authorizing disclosure to the 

Department of Labor and the 

Department of the Treasury for purposes 

of administering ERISA, to include in 

the routine use disclosure to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies, and to restate the routine use 

for clarity and specificity; 

(j) To add a routine use authorizing 

disclosure to appropriate agencies, 

entities, and persons when the Joint 

Board suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised, the Joint Board has 

determined that there is a risk of harm 

to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs that rely 

upon the compromised information, and 

the disclosure is reasonably necessary to 

assist in connection with the Joint 

Board’s efforts to respond and prevent, 

minimize, or remedy harm; 

(k) To delete a routine use stated as 

‘‘Provide answers to inquiries or other 

information regarding the operation of 

the Joint Board,’’ because records that 

are individually identifiable may be 

disclosed under other proposed routine 

uses of this system, and because records 

pertaining to Joint Board operations that 

are not individually identifiable are not 

protected by the Privacy Act; 

(l) To delete an unnecessary routine 

use authorizing disclosure to 

congressional offices in response to 

inquiries from constituents, who 

authorize disclosure by consent; and 

(m) To make necessary 

‘‘housekeeping’’ alterations, such as 

updating addresses. 

The following systems of records will 

be deleted upon implementation of the 

altered systems: 

JBEA–1, Application Files; 

JBEA–3, Denied Applications; 

JBEA–5, Enrollment Roster; 

JBEA–7, General Information; 

JBEA–8, Suspension and Termination 

Files; 

JBEA–9, Suspension and Termination 

Roster. 

The report of the altered systems of 

records, as required by 5 U.S.C. 552a(r) 

of the Privacy Act, has been submitted 

to the Committee on Oversight and 

Government Reform of the House of 

Representatives, the Committee on 

Homeland Security and Governmental 

Affairs of the Senate, and the Office of 

Management and Budget (OMB), 

pursuant to Appendix I to OMB Circular 

A–130, ‘‘Federal Agency 

Responsibilities for Maintaining 

Records About Individuals.’’ 

The three proposed altered systems of 

records, described above, are published 

in their entirety below. 

Dated: November 4, 2010. 

Carolyn E. Zimmerman, 

Chair, Joint Board for the Enrollment of 

Actuaries. 

JBEA–2 

SYSTEM NAME: 

Enrolled Actuary Disciplinary 

Records—JBEA–2. 

SYSTEM LOCATION: 

Office of the Executive Director, Joint 

Board for the Enrollment of Actuaries 

(Joint Board), located within the Office 

of Professional Responsibility, Internal 

Revenue Service, Washington, DC; and 

Memphis, Tennessee. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former subjects and 

potential subjects of disciplinary actions 

and proceedings relating to enrolled 

actuaries, including those who received 

disciplinary sanctions. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information sent to, or collected by, 

the Executive Director concerning 

potential violations of the Joint Board’s 

regulations; records pertaining to the 

Executive Director’s investigation and 

evaluation of such information; records 

of disciplinary proceedings brought by 

the Executive Director before 

administrative law judges, including 

records of appeals from decisions in 

such proceedings; petitions for 

reinstatement as an enrolled actuary; 

and the Executive Director’s and the 

Joint Board’s decisions, letters, and 

other responses to individuals covered 

by this system. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Employee Retirement Income Security 

Act of 1974 (ERISA), Section 3042 (29 

U.S.C. 1242). 

PURPOSE(S): 

To enforce and administer the 

regulations (20 CFR parts 900–903) of 

the Joint Board governing practice as an 

enrolled actuary under ERISA; to make 

available to the general public 

information about disciplinary 

sanctions; and to assist public, quasipublic, or private professional 


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80532 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 

authorities, agencies, organizations, and 

associations, and other law enforcement 

and regulatory authorities in the 

performance of their duties in 

connection with the administration and 

maintenance of standards of integrity, 

conduct, and discipline. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Disclosure of returns and return 

information may be made only as 

provided by 26 U.S.C. 6103. All other 

records may be used as described below 

if the Joint Board deems the purpose of 

the disclosure to be compatible with the 

purpose for which the Joint Board 

collected the records and no privilege is 

asserted: 

(1) Disclose information to the 

Department of Justice when seeking 

legal advice or for use in any 

proceeding, or in preparation for any 

proceeding, when: (a) The Joint Board, 

the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board determines that the 

information is relevant and necessary to 

the proceeding or advice sought. 

(2) Disclose information during a 

proceeding before a court, 

administrative tribunal, or other 

adjudicative body when: (a) The Joint 

Board, the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board or the Department of 

Justice determines that the information 

is relevant and necessary to the 

proceeding. Information may be 

disclosed to the adjudicative body to 

resolve issues of relevancy, necessity, or 

privilege pertaining to the information. 

(3) Disclose information to a Federal, 

state, local, tribal, or foreign agency, or 

other public authority, which has 

requested information relevant or 

necessary to hiring or retaining an 

employee or to issuing, or continuing, a 

contract, security clearance, license, 

grant, or other benefit. 

(4) Disclose information to a Federal, 

state, local, tribal, or foreign agency or 

other public authority responsible for 

implementing or enforcing, or for 

investigating or prosecuting, the 

violation of a statute, rule, regulation, 

order, or license when a record on its 

face, or in conjunction with other 

records, indicates a violation or 

potential violation of law or regulation 

and the information disclosed is 

relevant to any regulatory, enforcement, 

investigative, or prosecutorial 

responsibility of the receiving authority. 

(5) Disclose information to a 

contractor to the extent necessary to 

perform the contract. 

(6) Disclose information to third 

parties during the course of an 

investigation to the extent deemed 

necessary by the Joint Board to obtain 

information pertinent to the 

investigation. 

(7) Disclose information to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies. 

(8) Make available for public 

inspection or otherwise disclose to the 

general public (including via Web sites) 

the Joint Board’s final agency decisions 

on appeal in disciplinary proceedings 

and administrative law judges’ 

decisions that have become final agency 

decisions upon the expiration of the 

appeal period. 

(9) Make available for public 

inspection or otherwise disclose 

(including via Web sites) to the general 

public, after the subject individual has 

exhausted administrative appeal rights, 

the name, mailing address, type of 

disciplinary sanction, effective dates, 

and information about the conduct that 

gave rise to the sanction pertaining to 

individuals who have received 

disciplinary sanctions. 

(10) Disclose information to a public, 

quasi-public, or private professional 

authority, agency, organization, or 

association, which individuals covered 

by this system of records may be 

licensed by, subject to the jurisdiction 

of, a member of, or affiliated with, 

including but not limited to state bars 

and certified public accountancy 

boards, to assist such authorities, 

agencies, organizations, or associations 

in meeting their responsibilities in 

connection with the administration and 

maintenance of standards of integrity, 

conduct, and discipline. 

(11) Disclose upon written request to 

a member of the public who has 

submitted to the Joint Board written 

information concerning potential 

violations of the regulations: (a) That the 

Executive Director is currently 

investigating or evaluating the 

information; or (b) that the Executive 

Director has determined that no action 

will be taken, because disciplinary 

jurisdiction is lacking, because a 

disciplinary proceeding would be timebarred, or because the information does 

not constitute actionable violations of 

the regulations; or (c) that the Executive 

Director has determined that the 

reported conduct does not warrant 

suspension or termination; and (d) if 

applicable, the name of the public, 

quasi-public, or private professional 

authority, agency, organization, or 

association, other law enforcement or 

regulatory authority, or bureau or office 

within the Department of Labor, 

Department of the Treasury, or Pension 

Benefit Guaranty Corporation to which 

the Joint Board or Executive Director 

has referred the information. 

(12) Disclose to the Office of 

Personnel Management the identity and 

status of disciplinary cases in order for 

the Office of Personnel Management to 

process requests for assignment of 

administrative law judges employed by 

other Federal agencies to conduct 

disciplinary proceedings. 

(13) Disclose information to 

appropriate agencies, entities, and 

persons when (a) the Joint Board 

suspects or has confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised; (b) the Joint Board 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Joint Board or another agency or entity) 

that rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Joint Board’s efforts 

to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 


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POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic media. 

RETRIEVABILITY: 

By individual’s name. Non-unique 

names will be distinguished by 

addresses. 

SAFEGUARDS: 

Access controls are not less than those 

provided in Internal Revenue Manual 

(IRM) 10.8.1, Information Technology 

(IT) Security—Policy and Guidance, and 

IRM 10.2.1, Physical Security Program. 

RETENTION AND DISPOSAL: 

No records will be destroyed until the 

National Archives and Records 

Administration approves a records 

control schedule. The Joint Board 

proposes the following schedule: Retire 

records in disciplinary files to a Federal 

Records Center 20 years after files are 

closed; destroy 25 years after closing. 

Destroy records in files that did not 

generate an open disciplinary case five 

years after the date of the last record 

added to the file. 

SYSTEM MANAGER(S) AND ADDRESS: 

Executive Director, Joint Board for the 

Enrollment of Actuaries, c/o Internal 

Revenue Service/Office of Professional 

Responsibility, SE:OPR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. 

NOTIFICATION PROCEDURE: 

This system of records is exempt from 

the notification provisions of the 

Privacy Act. 

RECORD ACCESS PROCEDURES: 

This system of records is exempt from 

the record access provisions of the 

Privacy Act. 

CONTESTING RECORD PROCEDURES: 

This system of records is exempt from 

the record contesting provisions of the 

Privacy Act. 

RECORD SOURCE CATEGORIES: 

Individuals covered by this system of 

records; witnesses; Federal or state 

courts, agencies, bodies, and other 

licensing authorities; professional 

organizations and associations; Treasury 

Department records; and public records. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to section (k)(2) of the 

Privacy Act, 5 U.S.C. 552a(k)(2), the 

records contained within this system are 

exempt from the following sections of 

the Act: (c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

JBEA–4 

SYSTEM NAME: 

Enrolled Actuary Enrollment 

Records—JBEA–4. 

SYSTEM LOCATION: 

Office of the Executive Director, Joint 

Board for the Enrollment of Actuaries 

(Joint Board), located in the Office of 

Professional Responsibility, Internal 

Revenue Service, Washington, DC; and 

Memphis, Tennessee. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals currently or formerly 

enrolled as enrolled actuaries; 

applicants for such enrollment, 

including those who have appealed 

denial of applications for enrollment; 

and individuals who may not apply for 

enrollment even though they have 

requested a waiver of the requirements 

to take certain actuarial examinations or 

have taken actuarial examinations. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Applications for enrollment to 

perform actuarial services required by 

ERISA; requests for waiver of the 

requirements to take certain actuarial 

examinations; reports that individuals 

have engaged in misconduct in 

connection with taking actuarial 

examinations; records pertaining to the 

Joint Board’s investigation and 

evaluation of individuals’ eligibility for 

such enrollment; appeals from denials 

of applications for enrollment; records 

relating to enrollment examinations, 

including answer sheets and 

examination scores; applications for 

renewal of enrollment, including 

information on continuing education 

and requests for waiver of the 

continuing education requirements; 

requests for reinstatement of enrollment 

following termination for failure to 

renew enrollment; administrative 

records pertaining to enrollment status, 

including effective dates; and the 

Executive Director’s and the Joint 

Board’s decisions, letters, and other 

responses to individuals covered by this 

system. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Employee Retirement Income Security 

Act of 1974 (ERISA), Section 3042 (29 

U.S.C. 1242). 

PURPOSE(S): 

To enforce and administer the 

regulations (20 CFR parts 900–903) of 

the Joint Board governing practice as an 

enrolled actuary under ERISA; to make 

available to the general public sufficient 

information to locate individuals 

enrolled to provide actuarial services 

required by ERISA and to verify 

individuals’ enrollment status; and to 

assist public, quasi-public, or private 

professional authorities, agencies, 

organizations, and associations, and 

other law enforcement and regulatory 

authorities in the performance of their 

duties in connection with the 

administration and maintenance of 

standards of integrity, conduct, and 

discipline. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Disclosure of returns and return 

information may be made only as 

provided by 26 U.S.C. 6103. All other 

records may be used as described below 

if the Joint Board deems the purpose of 

the disclosure to be compatible with the 

purpose for which the Joint Board 

collected the records and no privilege is 

asserted: 

(1) Disclose information to the 

Department of Justice when seeking 

legal advice or for use in any 

proceeding, or in preparation for any 

proceeding, when: (a) The Joint Board, 

the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board determines that the 

information is relevant and necessary to 

the proceeding or advice sought. 

(2) Disclose information during a 

proceeding before a court, 

administrative tribunal, or other 

adjudicative body when: (a) The Joint 

Board, the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board or the Department of 

Justice determines that the information 

is relevant and necessary to the 

proceeding. Information may be 

disclosed to the adjudicative body to 

resolve issues of relevancy, necessity, or 

privilege pertaining to the information. 


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80534 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 

(3) Disclose information to a Federal, 

state, local, tribal, or foreign agency, or 

other public authority, which has 

requested information relevant or 

necessary to hiring or retaining an 

employee or to issuing, or continuing, a 

contract, security clearance, license, 

grant, or other benefit. 

(4) Disclose information to a Federal, 

state, local, tribal, or foreign agency or 

other public authority responsible for 

implementing or enforcing, or for 

investigating or prosecuting, the 

violation of a statute, rule, regulation, 

order, or license when a record on its 

face, or in conjunction with other 

records, indicates a violation or 

potential violation of law or regulation 

and the information disclosed is 

relevant to any regulatory, enforcement, 

investigative, or prosecutorial 

responsibility of the receiving authority. 

(5) Disclose information to a 

contractor to the extent necessary to 

perform the contract. 

(6) Disclose information to third 

parties during the course of an 

investigation to the extent deemed 

necessary by the Joint Board to obtain 

information pertinent to the 

investigation. 

(7) Disclose information to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies. 

(8) Make available for public 

inspection or otherwise disclose to the 

general public (including via Web sites) 

the name, enrollment number, 

enrollment status, including effective 

dates, as well as mailing address, firm 

or company name, telephone number, 

fax number, e-mail address, and Web 

site address, pertaining to individuals 

who are, or were, enrolled actuaries. 

(9) Disclose information to a public, 

quasi-public, or private professional 

authority, agency, organization, or 

association, which individuals covered 

by this system of records may be 

licensed by, subject to the jurisdiction 

of, a member of, or affiliated with, 

including but not limited to state bars 

and certified public accountancy 

boards, to assist such authorities, 

agencies, organizations, or associations 

in meeting their responsibilities in 

connection with the administration and 

maintenance of standards of integrity, 

conduct, and discipline. 

(10) Disclose information to 

appropriate agencies, entities, and 

persons when (a) the Joint Board 

suspects or has confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised; (b) the Joint Board 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Joint Board or another agency or entity) 

that rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Joint Board’s efforts 

to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic media. 

RETRIEVABILITY: 

By individual’s name. Non-unique 

names will be distinguished by 

addresses. 

SAFEGUARDS: 

Access controls are not less than those 

provided in Internal Revenue Manual 

(IRM) 10.8.1, Information Technology 

(IT) Security—Policy and Guidance, and 

IRM 10.2.1, Physical Security Program. 

RETENTION AND DISPOSAL: 

No records will be destroyed until the 

National Archives and Records 

Administration approves a records 

control schedule. The Joint Board 

proposes the following schedule: 

Destroy records in enrolled actuary files 

20 years after termination of enrollment. 

Destroy records in files of individuals 

who were never enrolled 10 years after 

the date of the last record added to the 

file. 

SYSTEM MANAGER(S) AND ADDRESS: 

Executive Director, Joint Board for the 

Enrollment of Actuaries, c/o Internal 

Revenue Service/Office of Professional 

Responsibility, SE:OPR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. 

NOTIFICATION PROCEDURE: 

This system of records is exempt from 

the notification provisions of the 

Privacy Act. 

RECORD ACCESS PROCEDURES: 

This system of records is exempt from 

the record access provisions of the 

Privacy Act. 

CONTESTING RECORD PROCEDURES: 

This system of records is exempt from 

the record contesting provisions of the 

Privacy Act. 

RECORD SOURCE CATEGORIES: 

Individuals covered by this system of 

records; witnesses; Federal or state 

courts, agencies, bodies, and other 

licensing authorities; professional 

organizations and associations; Treasury 

Department records; and public records. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to section (k)(2) of the 

Privacy Act, 5 U.S.C. 552a(k)(2), the 

records contained within this system are 

exempt from the following sections of 

the Act: (c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(3) JBEA–6 

SYSTEM NAME: 

Correspondence and Miscellaneous 

Records—JBEA–6. 

SYSTEM LOCATION: 

Office of the Executive Director, Joint 

Board for the Enrollment of Actuaries 

(Joint Board), located within the Office 

of Professional Responsibility, Internal 

Revenue Service, Washington, DC; and 

Memphis, Tennessee. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who correspond with the 

Joint Board, (including quality and 

improvement surveys), and individuals 

who are the subject of correspondence; 

individuals who request information, 

including requests pursuant to the 

Freedom of Information Act or the 

Privacy Act; and individuals who serve 

as point of contact for organizations 

(including organizations that apply for 

recognition as a sponsor of continuing 

education for enrolled actuaries). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Correspondence (including, but not 

limited to, letters, faxes, telegrams, and 

emails) sent and received; mailing lists 

of, and responses to, quality and 

improvement surveys of individuals; 

requests for information; requests for 

recognition as a sponsor of continuing 

education for enrolled actuaries; and the 

Executive Director’s and the Joint 

Board’s decisions, letters, and other 

responses to individuals covered by this 

system. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 80535 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Employee Retirement Income Security 

Act of 1974 (ERISA), Section 3042 (29 

U.S.C. 1242). 

PURPOSE(S): 

To enforce and administer the 

regulations (20 CFR parts 900–903) of 

the Joint Board governing practice as an 

enrolled actuary under ERISA; to permit 

the Joint Board to manage 

correspondence, to track responses from 

quality and improvement surveys, to 

manage workloads, and to collect and 

maintain other administrative records 

that are necessary for the Joint Board to 

perform its functions under the 

regulations. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Disclosure of returns and return 

information may be made only as 

provided by 26 U.S.C. 6103. All other 

records may be used as described below 

if the Joint Board deems the purpose of 

the disclosure to be compatible with the 

purpose for which the Joint Board 

collected the records and no privilege is 

asserted: 

(1) Disclose information to the 

Department of Justice when seeking 

legal advice or for use in any 

proceeding, or in preparation for any 

proceeding, when: (a) The Joint Board, 

the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board determines that the 

information is relevant and necessary to 

the proceeding or advice sought. 

(2) Disclose information during a 

proceeding before a court, 

administrative tribunal, or other 

adjudicative body when: (a) The Joint 

Board, the Department of Labor, the 

Department of the Treasury, or the 

Pension Benefit Guaranty Corporation, 

or any component thereof; (b) any 

employee of such agencies in his or her 

official capacity; (c) any employee of 

such agencies in his or her individual 

capacity if the employing agency or the 

Department of Justice has agreed to 

provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding; and 

the Joint Board or the Department of 

Justice determines that the information 

is relevant and necessary to the 

proceeding. Information may be 

disclosed to the adjudicative body to 

resolve issues of relevancy, necessity, or 

privilege pertaining to the information. 

(3) Disclose information to a Federal, 

state, local, tribal, or foreign agency, or 

other public authority, which has 

requested information relevant or 

necessary to hiring or retaining an 

employee or to issuing, or continuing, a 

contract, security clearance, license, 

grant, or other benefit. 

(4) Disclose information to a Federal, 

state, local, tribal, or foreign agency or 

other public authority responsible for 

implementing or enforcing, or for 

investigating or prosecuting, the 

violation of a statute, rule, regulation, 

order, or license when a record on its 

face, or in conjunction with other 

records, indicates a violation or 

potential violation of law or regulation 

and the information disclosed is 

relevant to any regulatory, enforcement, 

investigative, or prosecutorial 

responsibility of the receiving authority. 

(5) Disclose information to a 

contractor to the extent necessary to 

perform the contract. 

(6) Disclose information to officers 

and employees of the Department of 

Labor, the Department of the Treasury, 

and the Pension Benefit Guaranty 

Corporation who have a need for the 

information in the performance of their 

duties in connection with administering 

and enforcing ERISA, ERISA-related 

programs, or the Joint Board’s 

regulations, or in connection with 

administering and maintaining 

standards of integrity, conduct, and 

discipline on the part of individuals 

authorized to practice, or who seek 

authorization to practice, before such 

agencies. 

(7) Disclose information to 

appropriate agencies, entities, and 

persons when (a) the Joint Board 

suspects or has confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised; (b) the Joint Board 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Joint Board or another agency or entity) 

that rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Joint Board’s efforts 

to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic media. 

RETRIEVABILITY: 

By individual’s name. Non-unique 

names will be distinguished by 

addresses. 

SAFEGUARDS: 

Access controls are not less than those 

provided in Internal Revenue Manual 

(IRM) 10.8.1, Information Technology 

(IT) Security—Policy and Guidance, and 

IRM 10.2.1, Physical Security Program. 

RETENTION AND DISPOSAL: 

No records will be destroyed until the 

National Archives and Records 

Administration approves a records 

control schedule. The Joint Board 

proposes the following schedule: 

Destroy records concerning recognition 

as a sponsor of continuing education for 

enrolled actuaries 6 years after the 

expiration of the last sponsor 

enrollment cycle in which the sponsor 

received recognition. Destroy other 

correspondence 3 years after the date of 

the Executive Director’s or the Joint 

Board’s response, or if no response was 

required, 3 years after the date received. 

SYSTEM MANAGER(S) AND ADDRESS: 

Executive Director, Joint Board for the 

Enrollment of Actuaries, c/o Internal 

Revenue Service/Office of Professional 

Responsibility, SE:OPR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether this system of records contains 

a record pertaining to themselves may 

inquire in accordance with instructions 

appearing at 20 CFR part 903. Inquiries 

should be addressed to the system 

manager listed above. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Correspondents, including 

individuals and organizations; Treasury 

Department records. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–32160 Filed 12–21–10; 8:45 am] 

BILLING CODE 4830–01–P 


srobinson on DSKHWCL6B1PROD with NOTICES