[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]

JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES

   Table of Contents

       1. Application Files--JBEA
       2. Charge Case Inventory Files--JBEA
       3. Denied Applications--JBEA
       4. Enrollment File--JBEA
       5. Enrollment Roster--JBEA
       6. General Correspondence Files--JBEA
       7. General Information--JBEA
       8. Suspension and Termination Files--JBEA
       9. Suspension and Termination Roster--JBEA
       Appendix

   JBEA--1

   System name: Application Files--JBEA.

     System location: Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system: Individuals who 
   have applied for enrollment to perform actuarial services with 
   respect to plans to which the Employee Retirement Income Security Act 
   (ERISA) applies.
     Categories of records in the system: (1) Completed application 
   form. (2) Information relating to determination by the Joint Board as 
   to whether individuals satisfy standards and qualifications 
   established pursuant to Title 29 U.S. Code, Section 1242.
     Authority for maintenance of the system: 29 U.S.C. 1242.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: (1) Determinations 
   as to whether to enroll individuals to perform actuarial services 
   with respect to plans to which the ERISA applies. (2) Apparent 
   violations of civil or criminal laws will be referred to appropriate 
   law enforcement authorities for investigation and possible criminal 
   prosecution, civil, court action or regulatory order. (3) References 
   to Departments of Labor and/or Treasury for purposes of administering 
   ERISA. (4) Reference to Department of Justice for advice or action 
   when appropriate. (5) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: In file folders.
     Retrievability: This system is indexed by name of individual.
     Safeguards: This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security investigations are conducted with respect to all Office of 
   Executive Director personnel.
     Retention and disposal: Records contained in this system will be 
   retained for five years from the date of receipt of the application.
     System manager(s) and address: Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure: Inquiries should be addressed to: Executive 
   Director, Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220.
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as 
   employment identification cards, driver's licenses and credit cards 
   will be accepted as sufficient absent any indications to the 
   contrary.
     Record access procedures: Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220, (202) 634 5071.
     Contesting record procedures: Same as above.
     Systems exempted from certain provisions of the act: Exemption from 
   5 U.S. Code, Section 552a(e)(4)(I), and from other provisions of the 
   Privacy Act, is sought pursuant to 5 U.S. Code, Section 552a(k)(2).

   JBEA--2

   System name: Charge Case Inventory Files--JBEA.

     System location: Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system: Individuals 
   enrolled to perform actuarial services under Employee Retirement 
   Income Security Act (ERISA) with respect to whom derogatory 
   information has been received.
     Categories of records in the system: (1) Completed application 
   form, (2) Additional information received pursuant to request of the 
   Joint Board. (3) Derogatory information regarding individual's 
   eligibility to perform and performance of actuarial services with 
   respect to plans to which ERISA applies.
     Authority for maintenance of the system: Title 29, U.S. Code, 
   Section 1242
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: (1) Determinations 
   as to whether individuals' enrollment to perform actuarial services 
   with respect to plans to which ERISA applies should be suspended or 
   terminated. (2) Apparent violations of civil or criminal law will be 
   referred to appropriate law enforcement authorities for investigation 
   and possible criminal prosecution, civil court action or regulatory 
   order. (3) Reference to Department of Justice for advice or action 
   when appropriate. (4) Reference to investigative offices of other 
   agencies for fuller development of facts. (5) See Appendix to this 
   notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: In file folders.
     Retrievability: This system is indexed by name of individual.
     Safeguards: This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security investigations are conducted with respect to all Office of 
   Executive Director personnel.
     Retention and disposal: Records contained in this system will be 
   retained until the matters which justified their inclusion in the 
   Inventory have been resolved. At that time, such records will be 
   transferred to other appropriate systems.
     System manager(s) and address: Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure: Inquiries should be addressed to: Executive 
   Director, Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220.
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as 
   employment identification cards, drivers licenses and credit cards 
   will be accepted as sufficient absent any indications to the 
   contrary.
     Record access procedures: Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220, (202) 634 5071.
     Contesting record procedures: Same as above.
     Systems exempted from certain provisions of the act: Exemption from 
   5 U.S. Code, Section 552a(e)(4)(I), and from other provisions of the 
   Privacy Act, is sought pursuant to 5 U.S. Code, Section 552a(k)(2).

   JBEA--3

   System name: Denied Applications--JBEA.

     System location: Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system: Individuals whose 
   applications for enrollment to perform actuarial services, with 
   respect to plans to which the Employee Retirement Income Security Act 
   (ERISA) applies, have been denied.
     Categories of records in the system: (1) Completed application form 
   (2) information relating to determination by the Joint Board as to 
   whether individuals satisfy standards and qualifications established 
   pursuant to Title 29 U.S. Code, Section 1242.
     Authority for maintenance of the system: Title 29 U.S. Code, 
   Section 1242.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) In event of 
   reapplication, as to whether to enroll individuals to perform 
   actuarial services. (2) Apparent violations of civil or criminal laws 
   will be referred to appropriate law enforcement authorities for 
   investigation and possible criminal prosecution, civil court action 
   or regulatory order. (3) Reference to Departments of Labor and/or 
   Treasury for purposes of administering ERISA. (4) See Appendix to 
   this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: In file folders.
     Retrievability:  This system is indexed by name of individual.
     Safeguards: This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security investigations are conducted with respect to all Office of 
   Executive Director personnel.
     Retention and disposal:  Records contained in this system will be 
   retained for 25 years from the date of receipt of an application.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure:  Inquiries should be addressed to: 
   Executive Director Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as 
   employment identification cards, driver's license and credit cards 
   will be accepted as sufficient absent any indications to the 
   contrary.
     Record access procedures:  Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting in 
   formation contained in such records should be addressed to: Executive 
   Director Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220 (202) 634-5071
     Contesting record procedures: Same as above
     Record source categories: Application files.

   JBEA--4

   System name: Enrollment Files--JBEA.

     System location:  Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system:  Individuals 
   enrolled to perform actuarial services with respect to plans to which 
   the Employee Retirement Income Security Act (ERISA) applies.
     Categories of records in the system:  (1) Completed application for 
   enrollment form. (2) Information relating to determination by the 
   Joint board that individuals satisfy standards and qualifications 
   established pursuant to Title 29 U.S. Code, Section 1242. (3) 
   Investigatory materials which have been used to determine whether to 
   suspend or terminate individuals' enrollments.
     Authority for maintenance of the system: Title 29 U.S. Code, 
   Section 1242
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) Use in 
   connection with disciplinary actions pursuant to Title 29 U.S. Code, 
   Section 1242. (2) Apparent violations of civil or criminal laws will 
   be referred to appropriate law enforcement authorities for 
   investigation and possible criminal prosecution, civil court action 
   or regulatory order. (3) Verification of enrollment status. (4) 
   Reference to Department of Justice for advice or action when 
   appropriate. (5) Reference to Departments of Labor and/or Treasury 
   for purposes of administering ERISA. (6) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: In file folders.
     Retrievability:  This system is indexed by name of individual.
     Safeguards:  This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security Investigations are conducted with respect to all Office of 
   Executive Director personnel.
     Retention and disposal:  Individuals' files are retained for ten 
   years subsequent to the termination of their enrollments.
     System manager(s) and address:  Executive Director Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure:  Inquiries should be addressed to: 
   Executive Director Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220
        Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as 
   employment identification cards, driver's license and credit cards 
   will be accepted absent any indications to the contrary.
     Record access procedures:  Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting in 
   formation contained in such records should be addressed to: Executive 
   Director, Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220 (202) 634-5071.
     Contesting record procedures: Same as above.
     Systems exempted from certain provisions of the act:  Exemption 
   from 5 U.S. Code Section 552a(e)(4)(I), and from other provisions of 
   the Privacy Act, is sought pursuant to 5 U.S. Code, Section 
   552a(k)(2).

   JBEA--5

   System name:  Enrollment Roster--JBEA.

     System location:  Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system:  Individuals 
   enrolled to perform actuarial services with respect to plans to which 
   the Employee Retirement Income Security Act (ERISA) applies.
     Categories of records in the system:  List of enrolled individuals.
     Authority for maintenance of the system: Title 29 U.S. Code, 
   Section 1242
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) Copies of 
   roster may be furnished to representatives of Departments of Labor 
   and Treasury who have occasion to meet and/or correspond with 
   enrolled actuaries. (2) Disclosure to public pursuant to 5 U.S.C., 
   Section 552. (3) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: Three by five cards and/or computerized printout.
     Retrievability: This system is indexed by name of individual.
     Safeguards:  This system is public information.
     Retention and disposal:  This system is permanently maintained and 
   periodically updated.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure:  Inquiries should be addressed to: 
   Executive Director, Joint Board for the enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220
     Record access procedures:  Inquiries concerning access to records 
   regarding indentifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220, (202) 634-5071
     Contesting record procedures: Same as above.
     Record source categories: Enrollment Files.

   JBEA--6

   System name: General Correspondence File--JBEA.

     System location: Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system: General Public.
     Categories of records in the system: Generally inquiries and 
   comments from the general public.
     Authority for maintenance of the system:  Title 29 U.S. Code, 
   Section 1242
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) Provide 
   answers to inquiries or other information regarding the operation of 
   the Joint Board. (2) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  In file folders.
     Retrievability:  Correspondence received in indexed alphabetically 
   by last name of writer.
     Safeguards:  The Office of the Executive Director keeps all access 
   doors locked when Office personnel are not present. Office personnel 
   are cautioned against unnecessary exposure of information contained 
   in Office files. Security investigations will be conducted with 
   respect to all Office of Executive Director personnel.
     Retention and disposal:  Correspondence contained in this file is 
   disposed of after five years from the date of receipt.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure:  Inquiries should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220.
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as 
   employment identification cards, driver's license and credit cards 
   will be accepted as sufficient absent any indications to the 
   contrary.
     Record access procedures:  Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board fo the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220 (202) 634-5071.
     Contesting record procedures: Same as above.
     Record source categories: General Public.

   JBEA--7

   System name:  General Information--JBEA.

     System location:  Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC
     Categories of individuals covered by the system:  Individuals who 
   have not applied for enrollment to perform actuarial services but 
   with respect to whom information relevant to any future application 
   has been received.
     Categories of records in the system:  (1) Information relating to 
   determinations by the Joint Board as to whether individuals satisfy 
   standards and qualifications estblished pursuant to Title 29 U.S. 
   Code, Section 1242. (2) See Appendix to this notice.
     Authority for maintenance of the system:  Title 29 U.S. Code, 
   Section 1242.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) 
   Determinations, as to whether to enroll individuals to perform 
   actuarial services with respect to plans to which the Employee 
   Retirement Income Security Act (ERISA) applies, to be made at such 
   times as application are received from such individuals. (2) Apparent 
   violations of civil or criminal laws will be referred to appropriate 
   law enforcement authorities for investigation and possible criminal 
   prosecution, civil court action or regulatory order. (3) Reference to 
   Deparment of Justice for advice or action when appropriate. (4) 
   Reference to investigative offices of other agencies for fuller 
   development of facts. (5) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  In file folders.
     Retrievability:  This system is indexed by name of individual.
     Safeguards:  This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security investigation are conducted with respect to all Office of 
   Executive Director personnel.
     Retention and disposal: Retain until 25 years after case closed.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure: Inquiries should be addressed to: Executive 
   Director, Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220.
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items such as an 
   employment identification cards, driver's license and credit cards 
   will be accepted as sufficient absent any indications to the 
   contrary.
     Record access procedures:  Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220 (202) 634-5071.
     Contesting record procedures:  Same as above.
     Systems exempted from certain provisions of the act:  Exemption 
   from 5 U. S. Code, Section 552a(e)(4)(I), and from other provisions 
   of the Privacy Act, is pursuant to 5 U.S. Code, Section 552a(k)(2).

   JBEA--8

   System name:  Suspension and Termination Files--JBEA.

     System location:  Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system:  Individuals whose 
   enrollments to perform actuarial services with respect to plans to 
   which the Employee Retirement Income Security Act (ERISA) applies 
   have been suspended or terminated.
     Categories of records in the system:  (1) Completed application for 
   enrollment form. (2) Information relating to determination by the 
   Joint Board as to whether individuals satisfy standards and 
   qualifications established pursuant to Title 29 U.S. Code, Section 
   1242.(3) Additional information received pursuant to request of the 
   Joint Board made under authority of 20 CFR 901.10(b). (4) Derogatory 
   information regarding individuals' eligibility to perform actuarial 
   services with respect to plans to which ERISA applies or evidence of 
   disreputable conduct within meaning of Title 20, CFR. (5) Record of 
   administrative proceeding for suspension or termination.
     Authority for maintenance of the system:  Title 29 U.S. Code, 
   Section 1242.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) Maintain 
   record of those whose enrollment to perform actuarial services has 
   been suspended or terminated. (2) Apparent violation of civil or 
   criminal law will be referred to appropriate law enforcement 
   authorities for investigation and possible criminal prosecution, 
   civil court action or regulatory order. (3) Reference to Department 
   of Justive for advice or action when appropriate. (4) Reference to 
   Department of Labor and/or Treasury for purpose of administering 
   ERISA. (5) See Appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: In file folders.
     Retrievability:  This system is indexed by name of individual.
     Safeguards:  This Office keeps all access doors locked when Office 
   personnel are not present. Office personnel are cautioned against 
   unnecessary exposure of information contained in Office files. 
   Security investigations are conducted with respect to all Office of 
   Executive personnel.
     Retention and disposal: Retain until 25 years case closed.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure:  Inquiries should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220.
       Individuals inquiring about records regarding them will be 
   requested to provide reasonable identification. Items as employment 
   identification cards, driver's license and credit cards will be 
   accepted as sufficient absent any indications to the contrary.
     Record access procedures:  Inquiries concerning access to records 
   regarding identifiable individuals and procedures for contesting 
   information contained in such records should be addressed to: 
   Executive Director, Joint Board for the Enrollment of Actuaries, c/o 
   Department of the Treasury, Washington, DC 20220 (202) 634-5071.
     Contesting record procedures: Same as above.
     Systems exempted from certain provisions of the act:  Exemption 
   from 5 U.S. Code, Section 552a(e)(4)(I), and from other provisions of 
   the Privacy Act, is sought pursuant to 5 U.S. Code, Section 
   552a(i)(2).

   JBEA--9

   System name:  Suspension and Termination Roster--JBEA.

     System location:  Joint Board for the Enrollment of Actuaries, 
   Office of the Executive Director, 2401 E Street, NW, Suite 1537, 
   Washington, DC.
     Categories of individuals covered by the system:  Individuals whose 
   enrollments to perform actuarial services with respect to plans to 
   which the Employee Retirement Income Security Act (ERISA) applies 
   have been suspended or terminated.
     Categories of records in the system: Listed of actuaries whose 
   enrollment has been suspended or terminated.
     Authority for maintenance of the system:  Title 29 U.S. Code, 
   Section 1242.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  (1) Copies of 
   roster may be furnished to representatives of Department of Labor and 
   Treasury who have occasion to meet and/or correspond with enrolled 
   actuaries. (2) Disclosure to public pursuant to 5 U.S. Code, Section 
   552.3) See appendix to this notice.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  Three by five cards and/or computerized printout.
     Retrievability:  This system is indexed by name of individual.
     Safeguards:  This system is public information.
     Retention and disposal:  This system is permanently maintained and 
   periodically updated.
     System manager(s) and address:  Executive Director, Joint Board for 
   the Enrollment of Actuaries, c/o Department of the Treasury, 
   Washington, DC 20220
     Notification procedure: Inquiries should be addressed to: Executive 
   Director, Joint Board for the Enrollment of Actuaries, c/o Department 
   of the Treasury, Washington, DC 20220.
     Record access procedures:  Inquiries concerning records regarding 
   identifiable individuals--and procedures for contesting information 
   contained in such records should be addressed to: Executive Director, 
   Joint Board for the Enrollment of Actuaries, c/o Department of the 
   Treasury, Washington, DC 20220, (202) 634-5071.
     Contesting record procedures:  Same as above.
     Record source categories: Suspension and Termination Files.

                    APPENDIX: ADDITIONAL ROUTINE USES

       A record maintained by the Joint Board for the Enrollment of 
   Actuaries (the Joint Board) to carry out its functions may be 
   disclosed as a ``routine use'' to a federal agency, in response to 
   its request, in connection with the hiring or retention of an 
   employee, the issuance of a security clearance, the reporting of an 
   investigaion of an employee, the letting of a contract, or the 
   issuance of a license, grant or other benefit by the requesting 
   agency, to the extent that the information is relevant and necessary 
   to the requesting agency's decision on the matter, provided that 
   disclosure is compatible with the purpose for which such record was 
   collected.
       A record maintained by the Joint Board to carry out its functions 
   may be disclosed in response to a court subpoena, to appropriate 
   parties engaged in litigation or in preparation of possible 
   litigation such as potential witnesses for the purpose of securing 
   their testimony when necessary to courts, magistrate or 
   administrative tribunals, to parties and their attorneys for the 
   purpose of proceeding with litigation or settlement of disputes, to 
   individuals seeking information by using establishing discovery 
   procedures, whether in connection with civil, criminal or regulatory 
   proceedings.
       Disclosure from the record of an individual may be made a 
   congressional office, in response to an inquiry which such 
   congressional office presents as being made on behalf of, and at the 
   request of, that individual.

   JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES

Title 20-Employees' Benefits

Chapter VII-Joint Board for the Enrollment of Actuaries

PART 903--ACCESS TO RECORDS

Subpart A--Records Pertaining to Individuals

Sec.

903.1  Purpose and scope of regulations.
903.2  Definitions.
903.3  Procedures for notification with respect to records regarding 
    individuals.
903.4  Procedures for access to records and accountings of disclosures 
    from records, regarding individuals.
903.5  Procedures for amendment of records regarding individual--format, 
    agency review and appeal from initial adverse agency determination.
903.6  Fees.
903.7  Guardianship.
903.8  Exemptions.

  Authority: 5 U.S.C. 552(a).

  Source: 41 FR 1493, Jan. 8, 1976, unless otherwise noted.

Subpart A--Records Pertaining to Individuals

   Sec. 903.1   Purpose and scope of regulations.

  The regulations in this subpart are issued to implement the provisions 
of the Privacy Act of 1974 (5 U.S.C. 552a). The regulations relate to 
all records maintained by the Joint Board for the Enrollment of 
Actuaries (Joint Board) which are identifiable by individual name or 
identifier and all systems of such records which are retrievable by name 
or other identifier. They do not relate to personnel records of 
Government employees, which are under the jurisdiction of the Civil 
Service Commission, and, thus, subject to regulations issued by such 
Commission. The regulations set forth the procedures by which 
individuals may request notification of whether the Joint Board 
maintains or has disclosed a record pertaining to them or may seek 
access to such records maintained in any non-exempt system of records, 
request amendment of such records, and appeal any initial adverse 
determination with respect to any such request.

   Sec. 903.2   Definitions.

  (a) The term ``agency'' includes any executive department, military 
department, Government corporation, Government controlled corporation, 
or other establishment in the executive branch of the Government 
(including the Executive Office of the President), or any independent 
regulatory agency (see 5 U.S.C. 552(e));
  (b) The term ``individual'' means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
  (c) The term ``maintain'' includes maintain, use, collect or 
disseminate;
  (d) The term ``record'' means any item, collection, or grouping of 
information about an individual that is maintained by the Joint Board, 
including, but not limited to, his education, financial transactions, 
medical history, and criminal or employment history and that contains 
his name, or the identifying number, symbol, or other identifying 
particular assigned to the individual such as a finger or voice print or 
a photograph;
  (e) The term ``system of records'' means a group of any records under 
the control of the Joint Board from which information is retrieved by 
the name of the individual or by some identifying number, symbol, or 
other identifying particular assigned to the individual;
  (f) The term ``routine use'' means, with respect to the disclosure of 
a record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.

   Sec. 903.3   Procedures for notification with respect to records 
   regarding individuals.

  (a) Procedures for notification. The systems of records maintained by 
the Joint Board are listed annually as required by the Privacy Act of 
1974. Any individual, who wishes to know whether a system of records 
contains a record regarding him, may write to the Executive Director, 
Joint Board for the Enrollment of Actuaries, c/o U.S. Department of the 
Treasury, Washington, DC 20220. Requests may also be delivered 
personally to the Executive Director, Joint Board for the Enrollment of 
Actuaries, 2401 E Street, NW, Suite 1537, Washington, DC between the 
hours of 9 a.m. and 5 p.m. on workdays. Any such inquiry will be 
acknowledged in writing within 10 days (excluding Saturdays, Sundays and 
legal public holidays) of receipt of the request.
  (b) Requests. A request for notification of whether a record exists 
shall:
  (1) Be made in writing and signed by the person making the request, 
who must be the individual about whom the record is maintained, or his 
duly authorized representative (see Sec. 903.7);
  (2) State that it is made pursuant to the Privacy Act, 5 U.S.C. 552a, 
or the regulations contained in this part;
  (3) Furnish the name of the system of records with respect to which 
notification is sought, as specified in the systems notices published in 
the Federal Register, Volume 40, No. 167;
  (4) Mark ``Privacy Act Request'' on the request and on the envelope in 
which the request is contained;
  (5) Be addressed as specified in paragraph (a) of this section, unless 
personally delivered; and
  (6) Meet the requirements set forth in paragraph (c) of this section.
  (c) Verification of identity. Notification of the existence of records 
in certain systems maintained by the Joint Board will not be made unless 
the individual requester's identity is verified. Where applicable, 
requirements for verification of identity are specified in the notices 
of systems published in the Federal Register, Volume 40, No. 167.
  (d) Date of receipt of request. A request for notification with 
respect to records shall be considered to have been received on the date 
on which the requirements of paragraphs (a), (b) and (c) of this section 
have been satisfied. Requests for notification shall be stamped with the 
date of receipt by the Office of the Executive Director.
  (e) Exemptions. The procedures prescribed under paragraphs (a), (b) 
and (c) of this section shall not apply to: (1) Systems of records 
exempted pursuant to 5 U.S.C. 552a(k); (2) information compiled in 
reasonable anticipation of a civil action or proceeding (see 5 U.S.C. 
552a(d) (5); or (3) information regarding an individual which is 
contained in, and inseparable from, another individual's record.
  (f) Notification of determination-- (1) In general. The Executive 
Director shall, except as otherwise provided in this paragraph, notify 
an individual requester as to whether or not a system of records 
contains a record regarding such individual. Such notification shall be 
made within 30 days (excluding Saturdays, Sundays and legal public 
holidays) after the date of receipt of the request, as determined in 
accordance with paragraph (d) of this section. If it is not possible to 
respond within 30 days, the Executive Director will inform the 
requester, stating the reasons for the delay (e.g., volume of records 
involved, need to consult other agencies, or the difficulty of the legal 
issues involved) and when a response will be dispatched.
  (2) Denial of request. When it is determined that a request for 
notification with respect to records will be denied (whether in whole or 
in part or subject to conditions or exceptions), the person making the 
request shall be so notified by mail in accordance with paragraph (f)(1) 
of this section. The letter of notification shall set forth the name and 
title or position of the responsible official.
  (3) Records exempt in whole or in part. (i) When an individual 
requests notification with respect to records concerning himself which 
have been compiled in reasonable anticipation of a civil action or 
proceeding either in a court or before an administrative tribunal, the 
Executive Director will neither confirm nor deny the existence of the 
record but shall advise the individual only that no record with respect 
to the existence of which he is entitled to be notified pursuant to the 
Privacy Act of 1974 has been identified.
  (ii) Requests for records which have been exempted from the 
requirement of notification pursuant to 5 U.S.C. 552a(k)(2) shall be 
responded to in the manner provided in paragraph (f)(3)(i) of this 
section.

   Sec. 903.4   Procedures for access to records and accountings of 
   disclosures from records, regarding individuals.

  (a) Access. The Executive Director of the Joint Board shall, upon 
request by any individual to gain access to a record regarding him which 
is contained in a system of records maintained by the Joint Board, or to 
an accounting of a disclosure from such record made pursuant to 5 U.S.C. 
552a(c)(1), permit that individual, and, upon his/her request, a person 
he/she chooses to accompany him/her, to review the record or any such 
accounting and have a copy made of all or any portion thereof in a form 
comprehensible to the individual, except that the Executive Director may 
require the individual to furnish a written statement authorizing 
discussion of that individual's record in the accompanying person's 
presence. Such request may be addressed to the Executive Director, Joint 
Board for the Enrollment of Actuaries, c/o U.S. Department of the 
Treasury, Washington, DC 20220. Requests may also be delivered 
personally to the Executive Director, Joint Board for the Enrollment of 
Actuaries, 2401 E Street, NW, Suite 1537, Washington, DC, between the 
hours of 9 a.m. and 5 p.m. on workdays. Any such inquiry will be 
acknowledged in writing within 10 days (excluding Saturdays, Sundays and 
legal public holidays) of receipt of the request (see paragraph (e) of 
this section).
  (b) Requests. A request for access to records or accountings of 
disclosure from records, shall:
  (1) Be signed in writing by the person making the request, who must be 
the individual about whom the record is maintained, or his duly 
authorized representative (see Sec. 903.7);
  (2) State that it is made pursuant to the Privacy Act, 5 U.S.C. 552a, 
or the regulations contained in this Part;
  (3) Furnish the name of the system of records to which access is 
sought, or the name of the system for a disclosure from which an 
accounting is sought, as specified in the systems notices published in 
the Federal Register, Volume 40, No. 167;
  (4) Mark ``Privacy Act Request'' on the request and on the envelope in 
which the request is contained;
  (5) Be addressed as specified in paragraph (a) of this section, unless 
personally delivered;
  (6) State whether the requester wishes to inspect the records and/or 
accountings of disclosures therefrom, or desires to have a copy made and 
furnished without inspecting them;
  (7) State, if the requester desires to have a copy made, the 
requester's agreement to pay the fees for duplication as ultimately 
determined in accordance with Sec. 903.6; and
  (8) Meet the requirements set forth in paragraph (c) of this section.
  (c) Verification of identity. Access to records contained in certain 
systems maintained by the Joint Board and/or accountings of disclosures 
from such records, will not be granted unless the individual requester's 
identity is verified. Where applicable, requirements for verification of 
identity are specified in the notices of systems published in the 
Federal Register, Volume 40, No. 167.
  (d) Exemptions. The procedures specified in paragraphs (a), (b) and 
(c) of this section shall not apply to: (1) Systems of records exempted 
pursuant to 5 U.S.C. 552a(k); (2) information compiled in reasonable 
anticipation of a civil action or proceeding (see 5 U.S.C. 552a(d)(5)); 
or (3) information regarding an individual which is contained in, and 
inseparable from, another individual's record.
  (e) Date of receipt of request. A request for access to records and/or 
accountings shall be considered to have been received on the date on 
which the requirements of paragraphs (a), (b) and (c) of this section 
have been satisfied. Requests for access, and any separate agreement to 
pay, shall be stamped with the date of receipt by the Office of the 
Executive Director. The latest of such stamped dates will be deemed to 
be the date of receipt of the request.
  (f) Notification of determination-- (1) In general. Notification of 
determinations as to whether to grant access to records and/or 
accountings requested will be made by the Executive Director of the 
Joint Board. The notification of the determination shall be made within 
30 days (excluding Saturdays, Sundays and legal public holidays) after 
the date of receipt of the request, as determined in accordance with 
paragraph (g) of this section. If it is not possible to respond within 
30 days, the Executive Director will inform the requester, stating the 
reason(s) for the delay (e.g., volume of records requested, need to 
consult other agencies, or the difficulty of the legal issues involved) 
and when a response will be dispatched (See 5 U.S.C. 552a(d) and (f)).
  (2) Granting of access. (i) When it has been determined that the 
request for access will be granted--(A) and a copy requested; such copy 
in a form comprehensible to him shall be furnished promptly, together 
with a statement of the applicable fees for duplication as set forth 
elsewhere in these regulations (See Sec. 903.6); and (B) and the right 
to inspect has been requested, the requester shall be promptly notified 
in writing of the determination, and when and where the requested 
records and/or accountings may be inspected. (ii) An individual seeking 
to inspect records concerning himself and/or accountings of disclosure 
from such records may be accompanied by another individual of his own 
choosing. The individual seeking access shall be required to sign the 
required form indicating that the Joint Board is authorized to discuss 
the contents of the subject record in the accompanying person's 
presence. If, after making the inspection, the individual making the 
request desires a copy of all or portion of the requested records, such 
copy in a form comprehensible to him shall be furnished upon payment of 
the applicable fees for duplication as prescribed by Sec. 903.6. Fees 
shall not be charged where they would amount, in the aggregate, to less 
than $53.00. (See 5 U.S.C. 552a (d) and (f):
  (3) Denial of request. (i) When it is determined that the request for 
access to records will be denied (whether in whole or in part or subject 
to conditions or exceptions), the person making the request shall be so 
notified by mail in accordance with paragraph (f)(1) of this section. 
The letter of notification shall contain a statement of the reasons for 
not granting the request as made, set forth the name and title or 
position of the responsible official and advise the individual making 
the request of the right to file suit in accordance with 5 U.S.C. 
552a(g)(1)(B).
  (ii) When it is determined that a request for access to accountings 
will be denied, the person making the request shall be so notified by 
mail in accordance with paragraph (f)(4)(iii) of this section.
  (4) Records exempt in whole or in part.
  (i) When an individual requests records concerning himself which have 
been compiled in reasonable anticipation of a civil action or proceeding 
either in a court or before an administrative tribunal, the Executive 
Director will neither confirm nor deny the existence of the record but 
shall advise the individual only that no record available to him 
pursuant to the Privacy Act of 1974 has been identified.
  (ii) Requests for records which have been exempted from disclosure 
pursuant to 5 U.S.C. 552a(k)(2) shall be responded to in the manner 
provided in paragraph (f)(4)(i) of this section unless a review of the 
information indicates that the information has been used or is being 
used to deny the individual any right, privilege or benefit for which he 
is eligible or to which he would otherwise be entitled under Federal 
law. In that event, the individual shall be advised of the existence of 
the information but such information as would identify a confidential 
source shall be extracted or summarized in a manner which protects the 
source to the maximum degree possible and the summary extract shall be 
provided to the requesting individual.
  (iii) When an individual requests access to accountings of disclosure 
from records concerning himself which have been compiled in reasonable 
anticipation of a civil action or proceeding, either in a court or 
before an administrative tribunal, or which have been exempted from 
disclosure pursuant to 5 U.S.C. 552a(k)(2), the Executive Director will 
neither confirm nor deny the existence of the record or accountings of 
disclosure therefrom, but shall advise the individual that no accounting 
available to him pursuant to the Privacy Act of 1974 has been 
identified.

   Sec. 903.5   Procedures for amendment of records regarding 
   individual--format, agency review and appeal from initial adverse 
   agency determination.

  (a) In general. Subject to the application of exemptions promulgated 
by the Joint Board, in accordance with 5 U.S.C. 552a(k), the Executive 
Director shall, in conformance with 5 U.S.C. 552a(d)(2), permit an 
individual to request amendment of a record pertaining to him. Any such 
request shall be addressed to the Executive Director, Joint Board for 
the Enrollment of Actuaries, U.S. Department of the Treasury, 
Washington, DC 20220 or delivered personally to the Executive Director, 
Joint Board for the Enrollment of Actuaries, 2401 E Street, NW, Suite 
1537, Washington, DC. Any request for amendment of records or any appeal 
from the initial denial of a request which does not fully comply with 
the requirements of this section will not be deemed subject to the time 
constraints of paragraph (e) of this section, unless and until amended 
so as to comply. However, the Executive Director shall forthwith advise 
the requester in what respect the request or appeal is deficient so that 
it may be resubmitted or amended. (See 5 U.S.C. 552a (d) and (f)).
  (b) Form of request to amend records. In order to be subject to the 
provisions of this section, a request to amend records shall:
  (1) Be made in writing and signed by the person making the request, 
who must be the individual about whom the record is maintained, or his 
duly authorized representative. (See Sec. 903.7);
  (2) State that it is made pursuant to the Privacy Act, 5 U.S.C. 552a 
or these regulations;
  (3) Mark ``Privacy Act Amendment Request'' on the request and on the 
envelope; and
  (4) Reasonably describe the records which the individual desires to 
have amended, including, to the best of the requester's knowledge, dates 
of letters requesting access to such records previously and dates of 
letters in which notification concerning access was made, if any, and 
the individual's documentation justifying the correction. (See 5 U.S.C. 
552a (d) and (f)).
  (c) Date of receipt of request. A request for amendment of records 
pertaining to an individual shall be deemed to have been received for 
purposes of this subpart when the requirements of paragraphs (a) and (b) 
of this section have been satisfied. The Office of the Executive 
Director shall stamp the date of receipt of the request thereon. (See 5 
U.S.C. 552a (d) and (f)).
  (d) Review of requests to amend records. The Executive Director shall:
  (1) Not later than 10 days (excluding Saturdays, Sundays, and legal 
public holidays) after the date of receipt of such request, acknowledge 
in writing such receipt; and
  (2) Promptly, either--(i) make any correction of any portion of a 
record which the individual believes and the Executive Director agrees 
is not accurate, relevant, timely, or complete; or (ii) inform the 
individual of the refusal to amend the record in accordance with his 
request, the reason for the refusal, and that he may request that the 
Joint Board review such refusal. (See 5 U.S.C. 552a (d) and (f)).
  (e) Administrative appeal--(1) In general. The Joint Board shall 
permit individuals to request a review of initial decisions made under 
paragraph (d) of this section when an individual disagrees with a 
refusal to amend his record. (See 5 U.S.C. 552a(d), and (g)(1)).
  (2) Form of request for administrative review of refusal to amend 
record. At any time within 35 days after the date of the notification of 
the initial decision described in paragraph (d)(2)(ii) of this section, 
the requester may submit a request for review of such refusal to the 
official specified in the notification of the initial decision. The 
appeal shall:
  (i) Be made in writing stating any arguments in support thereof and be 
signed by the person to whom the record pertains, or his duly authorized 
representative (See Sec. 903.7);
  (ii) Within 35 days of the date of the initial decision: (A) Be 
addressed and mailed to the Joint Board for the Enrollment of Actuaries, 
c/o U.S. Department of the Treasury, Washington, DC 20220; or (B) be 
personally delivered to the Executive Director, Joint Board for the 
Enrollment of Actuaries, 2401 E Street NW, Suite 1537, Washington, DC on 
workdays between the hours of 9 a.m. and 5 p.m.;
  (iii) Have clearly marked on the appeal and on the envelope, ``Privacy 
Act Amendment Appeal'';
  (iv) Reasonably describe the records requested to be amended; and
  (v) Specify the date of the initial request to amend records, and the 
date of the letter giving notification that the request was denied. (See 
5 U.S.C. 552a (d) and (f)).
  (3) Date of Receipt. Appeals shall be promptly stamped with the date 
of their receipt by the Office of the Executive Director and such 
stamped date will be deemed to be the date of receipt for all purposes 
of this section. The receipt of the appeal shall be acknowledged within 
10 days from the date of receipt (unless the determination on appeal is 
dispatched in 10 days, in which case, no acknowledgment is required) by 
the Joint Board and the requester is advised of the date of receipt 
established by the foregoing and when a response is due in accordance 
with this paragraph. (See 5 U.S.C. 552a (d) and (f)).
  (4) Review of administrative appeals from denial of requests to amend 
records. The Joint Board shall complete the review and notify the 
requester of the final agency decision within 30 days (exclusive of 
Saturdays, Sundays and legal public holidays) after the date of receipt 
of such appeal, unless it extends the time for good cause shown. If such 
final agency decision is to refuse to amend the record, in whole or in 
part, the requester shall also be advised of his right; (i) to file a 
concise ``Statement of Disagreement'' setting forth the reasons for his 
disagreement with the decision which shall be filed within 35 days of 
the date of the notification of the final agency decision and (ii) to 
seek judicial review of the final agency decision under 5 U.S.C. 
552a(g)(1)(A). (See 5 U.S.C. 552a (d), (f) and (g)(1)).
  (5) Notation on record and distribution of statements of disagreement. 
(i) The Executive Director is responsible, in any disclosure containing 
information about which an individual has filed a ``Statement of 
Disagreement,'' occurring after the filing of the statement under 
paragraph (e)(4) of this section, for clearly noting any portion of the 
record which is disputed and providing copies of the statement and, if 
deemed appropriate, a concise statement of the Joint Board's reasons for 
not making the amendments requested, to persons or other agencies to 
whom the disputed record has been disclosed. (See 5 U.S.C. 552a(d)(4)).
  (ii) In addition, when a ``Statement of Disagreement'' is filed 
regarding information previously disclosed to a person or other agency 
and when, for such disclosure, an accounting was made pursuant to 5 
U.S.C. 552(c)(1). then the Executive Director shall provide such person 
or other agency with the following:
  (A) Copy of the ``Statement of Disagreement'';
  (B) Copy of the portion of the previously disclosed in dispute clearly 
noted as disputed and;
  (C) If deemed approprirate, a concise statement of the Joint Board's 
reasons for not making requested amendments.
  (f) Records not subject to correction. The following records are not 
subject to correction or amendment by individuals:
  (1) Transcripts or written statements made under oath;
  (2) Transcripts of Grand Jury proceedings, judicial or quasi-judicial 
proceedings which form the official record of those proceedings;
  (3) Pre-sentence reports comprising the property of the courts but 
maintained in agency files;
  (4) Records pertaining to the determination, the collection and the 
payment of federal taxes; and
  (5) Records duly exempted from correction by notice published in the 
Federal Register.
[41 FR 1493, Jan.8,1976, as amended at 45 FR 84994, Dec. 24,1980]

   Sec. 903.6   Fees.

  Charges for copies of records made pursuant to part 903 of this 
chapter will be at the rate of $0.10 per copy. For records not 
susceptible to photocopying, e.g., over-size materials, photographs, 
etc., the amount charged will be the actual cost of copying. Only one 
copy of each record requested will be provided. No charge will be made 
unless the charge as computed above would exceed $3 for each request or 
related series of requests. If a fee in excess of $25 is required, the 
requester will be notified that the fee must be tendered before the 
records will be copied.

   Sec. 903.7   Guardianship.

  The guardian of a person judicially determined to be incompetent 
shall, in addition to establishing the identity of the person he 
represents, establish his own guardianship by furnishing a copy of a 
court order establishing the guardianship and may thereafter act on 
behalf of such individual. (See 5 U.S.C. 552a(h)).

   Sec. 903.8   Exemptions.

  (a) Names of systems: (1) JBEA--Enrollment Files.
  (2) JBEA--Application Files.
  (3) JBEA--General Information.
  (4) JBEA--Charge Case Inventory Files.
  (5) JBEA--Suspension and Termination Files.
  (b) Provisions from which exempted: These systems contain records 
described in 5 U.S.C. 552a(k), the Privacy Act of 1974. Exemption will 
be claimed for such records only where appropriate from the following 
provisions: Subsections (c)(3), (d)(1), (2), (3) and (4), (e)(1), 
(c)(4)(G), (H) and (I), and (f)(1), (2), (3), (4) and (5) of 5 U.S.C. 
552a.
  (c) Reasons for claimed exemptions: (1) The Privacy Act of 1974 
creates several methods by which individuals may learn of and obtain 
records containing information on such individuals and consisting of 
investigatory material compiled for law enforcement purposes. These 
methods are as follows: Subsection (c)(3) allows individuals to discover 
if other agencies are investigating such individuals; subsections 
(d)(1), (e)(4)(H) and (f)(2), (3) and (5) establish the ability of 
individuals to gain access to investigatory material compiled on such 
individuals; subsections (d)(2), (3) and (4), (e)(4)(H) and (f)(4) 
presuppose access and enable individuals to contest the contents of 
investigatory material compiled on these individuals; and subsections 
(e)(4)(G) and (f)(1) allow individuals to determine whether or not they 
are under investigation. Because these subsections are variations upon 
the individual's ability to ascertain whether his civil or criminal 
misconduct has been discovered, these subsections have been grouped 
together for purposes of this notice.
  (2)(i) The Joint Board believes that imposition of the requirements of 
subsection (c)(3), which requires that accountings of disclosures be 
made available to individuals, would impair the ability of the Joint 
Board and other investigative entities to conduct investigations of 
alleged or suspected violations of the regulations governing the 
performance of actuarial services with respect to plans to which the 
Employee Retirement Income Security Act (ERISA) applies, and of civil or 
criminal laws. Making the accountings of disclosures available to 
individuals enables such individuals to identify entities investigating 
them and thereby to determine the nature of the violations of which they 
are suspected. With such knowledge, individuals would be able to alter 
their illegal activities, destroy or alter evidence of such activities 
and seriously impair the successful completion of investigations. For 
these reasons, the Joint Board seeks exemption from the requirements of 
subsection (c)(3).
  (ii) With respect to subsections (d)(1), (e)(4)(H), and (f)(2), (3) 
and (5), the Joint Board believes that access to investigatory material 
would prevent the successful completion of investigations. Individuals 
who gain access to investigatory material involving them discover the 
nature and extent of the violations of regulations, and of civil and 
criminal laws, of which they are suspected. By gaining access, such 
individuals also learn the facts developed during investigations. 
Knowledge of these matters enables these individuals to destroy or alter 
evidence which would otherwise have been used against them. In addition, 
knowledge of the facts and suspected violations gives individuals, who 
are committing ongoing violations, or who are about to commit violations 
of regulations, or of civil or criminal laws, the opportunity to 
temporarily postpone the commission of the violations or to effectively 
disguise the commission of these violations. Material compiled on 
investigated individuals reveals investigative techniques and 
procedures, disclosure of which enables such individuals to structure 
their illegal activities so as to escape detection. Further, such 
material may contain, or by its very nature reveal, the identity of 
confidential sources. When the identities of confidential sources are 
revealed, they may be subjected to various forms of reprisal. If 
confidential sources of information are subjected to actual reprisals or 
fear thereof, they may become reluctant to provide information necessary 
to identify or prove the guilt of persons who violate regulations, or 
civil or criminal laws. Further, the protections afforded by the above-
referenced subsections are unnecessary because the Joint Board may not 
deny enrollment or suspend or terminate the enrollment of an individual 
to perform actuarial services until it has provided such individual with 
due process safeguards. For the reasons stated in this subparagraph, the 
Joint Board seeks exemptions from the requirements of subsections 
(d)(1), (e)(4)(H), and (f)(2), (3) and (5).
  (iii) With respect to subsections (d) (2), (3) and (4), (e)(4)(H), and 
(f)(4), the Joint Board believes that the imposition of these 
requirements, which presuppose access and provide for amending records, 
would impair the ability to conduct investigations and would be 
unnecessary for the same reasons stated in the preceding subparagraph 
(2)(B). These reasons herein are incorporated by reference. Therefore, 
the Joint Board seeks exemption from the requirements of subsections (d) 
(2), (3) and (4), (e)(4)(H), and (f)(4).
  (iv) With respect to subsections (e)(4)(G) and (f)(1), the Joint Board 
believes that informing individuals that they are the subjects of a 
particular system or systems of records would impair the ability of the 
Joint Board and its agents to successfully complete investigations of 
suspected or alleged violators of the regulations governing the 
performance of actuarial services with respect to plans to which ERISA 
applies. Individuals who learn that they are suspected of violating said 
regulations are given the opportunity to destroy or alter evidence 
needed to prove the alleged violations. Such individuals may also be 
able to impair investigations by temporarily suspending or restructuring 
the activities which place them in violation of said regulations. 
Further, as noted in preceding subparagraph (2)(B) and incorporated by 
reference herein, the procedural requirements imposed on the Joint Board 
by ERISA make the protections afforded by subsections (c)(4)(G) and 
(f)(1) unnecessary. For these reasons, the Joint Board seeks exemptions 
from the requirements of subsections (c)(4)(G) and (f)(1).
  (v) Subsection (e)(1) of the Privacy Act of 1974 requires that the 
Joint Board maintain in its records only information that is relevant 
and necessary to accomplish a purpose of the Office required to be 
accomplished by statute or by executive order of the President. The 
Joint Board believes that imposition of said requirement would seriously 
impair its ability, and the abilities of its agents and other 
investigative entities to effectively investigate suspected or alleged 
violations of regulations and of civil or criminal laws. The Joint Board 
does not initiate inquires into individuals' conduct unless it receives 
information evidencing violation by such individuals of the regulations 
governing performance of actuarial services with respect to plans to 
which ERISA applies. Sources of such information may be unfamiliar with 
the Joint Board's interpretations of said regulations and, therefore, 
may not always provide only relevant and necessary information. 
Therefore, it may often be impossible to determine whether or not 
information is relevant and necessary. For these reasons, the Joint 
Board seeks exemptions from the requirement of subsection (e)(1).
  (vi) Subsection (e)(4)(I) of the Privacy Act of 1974 requires the 
publication of the categories of sources of records in each system of 
records. The Joint Board believes that imposition of said requirement 
would seriously impair its ability to obtain information from such 
sources for the following reasons. Revealing such categories of sources 
could disclose investigative techniques and procedures and could cause 
sources to decline to provide information because of fear of reprisal, 
or fear of breaches of promises of confidentiality. For these reasons, 
the Joint Board seeks exemptions from the requirement of subsection 
(e)(4)(I).