Privacy Act of 1974; Amendment of System of Records

Federal RegisterJul 7, 1995

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DEPARTMENT OF VETERANS AFFAIRS

Privacy Act of 1974; Amendment of System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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Notice is hereby given that the Department of Veterans Affairs (VA)

is adding a new routine use to the system of records entitled

``Personnel and Accounting Pay System--VA'' (27VA047) as set forth in

the Federal Register 40 FR 38095 (8/26/75) and amended in 48 FR 16372

(4/15/83), 50 FR 23100 (5/30/85), 51 FR 6858 (2/26/86), 51 FR 25968 (7/

17/86), 55 FR 42534 (10/19/90), 56 FR 23952 (5/25/91), 58 FR 39088 (7/

21/93), and 58 FR 40852

[[Page 35449]]

(7/30/93). This system of records contains information on current and

former salaried VA employees.

Pub. L. 103-94 (October 6, 1993) permits the garnishment of Federal

employees' wages. The Office of Personnel Management (OPM) has issued

regulations (5 CFR part 582) which implement the legislation. Section

582.306(c) of these regulations states that if an employee, whose wages

have been garnished, transfers to another agency or is now employed by

a private employer, then the original agency must provide the name and

address of the new employer, when available, to the garnishing party

(garnisher). However, VA's General Counsel has determined that the name

and address of a new employer of a former VA employee cannot be

released to a garnisher without the former employee's consent or

through a published routine use, unless the new employer is another

Federal department or agency.

VA would add a new routine use No. 28 to its system of records,

27VA047. This new routine use will specifically permit the disclosure

of information to a garnisher concerning the name and address of any

new employer of a former VA employee who is the subject of a

garnishment by legal process.

VA has determined that the release of information for this purpose

is a necessary and proper use of the information in this system of

records and that the new specific routine use for transfer of this

information is appropriate.

An altered system of records report and a copy of the revised

system notice have been sent to the House of Representatives Committee

on Government Reform and Oversight, the Senate Committee on

Governmental Affairs, and the Office of Management and Budget (OMB) as

required by 5 U.S.C. 552a(r) and guidelines issued by OMB (59 FR 37906,

37916-18 (7/25/94)).

Interested persons are invited to submit written comments,

suggestions, or objections regarding the proposed routine use of the

system of records to the Secretary of Veterans Affairs (045A4), 810

Vermont Avenue, NW., Washington, DC 20420. All relevant material

received before August 7, 1995, will be considered. All written

comments received will be available for public inspection in the

Information Management Service, Room 315, 801 I Street, NW.,

Washington, DC 20001 only between the hours of 8 a.m. and 4:30 p.m.,

Monday through Friday, except holidays, until August 16, 1995.

If no public comment is received during the 30-day review period

allowed for public comment, or unless otherwise published in the

Federal Register by VA, the new routine use statement is effective

August 7, 1995.

Approved June 20, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

Notice of Amendment to System of Records

In the system of records identified as 27VA047, ``Personnel and

Accounting Pay System--VA,'' as set forth in the Federal Register 40 FR

38095 (8/26/75) and amended in 48 FR 16372 (4/15/83), 50 FR 23009 (5/

30/85), 51 FR 6858 (2/26/86), 51 FR 25968 (7/17/86), 55 FR 42534 (10/

19/90) 56 FR 23952 (5/24/91), 58 FR 39088 (7/21/93), and 58 FR 40852

(7/30/93), the system is revised as follows:

* * * * *

Routine Uses of Records Maintained in the System, Including Categories

of Users and the Purpose of Such Uses

* * * * *

28. Relevant information from this system of records concerning the

departure of a former VA employee, who is the subject of a garnishment

pursuant to a legal process as defined in 5 U.S.C. 5520a, as well as

the name and address of the designated agent for the new employing

agency or the name and address of any new private employer, may be

disclosed to the garnishing party (garnisher).

[FR Doc. 95-16681 Filed 7-6-95; 8:45 am]

BILLING CODE 8320-01-M

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