Privacy Act of 1974; Amendment of System of Records

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 ``General

Personnel Records (Title 38)--VA'' (76VA05) as set forth in the Federal

Register 53 FR 27258 (7/19/88) and amended in 55 FR 42534 (10/19/90)

and 58 FR 40852 (7/30/93). This system of records is a repository of

existing and future records, reports of personnel actions, and the

documents and papers required in connection with these actions that

were or will be effected during a Title 38 employee's service with VA.

Public Law 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. 40 to its system of records,

76VA05. 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 court ordered

garnishment.

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.

Interested persons are invited to submit written comments,

suggestions, or objections regarding the proposed routine use of the

system of records to the Director, Office of Regulations Management

(02D), 810 Vermont Avenue, NW., Washington, DC 20420. All relevant

material received before May 3, 1996, will be considered. All written

comments received will be available for public inspection in the Office

of Regulations Management, Room 1176, 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.

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 May

3, 1996.

Approved: March 26, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Notice of Amendment to System of Records

In the system of records identified as 76VA05, ``General Personnel

Records (Title 38)--VA,'' as set forth in the Federal Register 53 FR

27258 (7/19/88) and amended in 55 FR 42534 (10/19/90) and 58 FR 40852

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

* * * * *

Routine uses of records maintained in the system, including categories

of users and the purpose of such uses:

* * * * *

40. 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. 96-8057 Filed 4-2-96; 8:45 am]

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