[House Report 112-236]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-236

======================================================================

 
   AMENDING TITLE 38, UNITED STATES CODE, TO DIRECT THE SECRETARY OF 
  VETERANS AFFAIRS TO NOTIFY CONGRESS OF CONFERENCES SPONSORED BY THE 
                     DEPARTMENT OF VETERANS AFFAIRS

                                _______
                                

October 5, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Miller of Florida, from the Committee on Veterans' Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2302]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 2302) to amend title 38, United States Code, to 
direct the Secretary of Veterans Affairs to notify Congress of 
conferences sponsored by the Department of Veterans Affairs, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     7
Subcommittee Consideration.......................................     7
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
Statement of General Performance Goals and Objectives............     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Earmarks and Tax and Tariff Benefits.............................     9
Committee Cost Estimate..........................................     9
Congressional Budget Office Estimate.............................     9
Federal Mandates Statement.......................................    10
Advisory Committee Statement.....................................    10
Statement of Constitutional Authority............................    10
Applicability to Legislative Branch..............................    10
Section-by-Section Analysis of the Legislation...................    10
Changes in Existing Law Made by the Bill as Reported.............    11

                               Amendment

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

  SECTION 1. QUARTERLY REPORTS TO CONGRESS ON CONFERENCES SPONSORED BY 
                    THE DEPARTMENT.

  (a) In General.--Subchapter I of chapter 5 of title 38, United States 
Code, is amended by adding at the end the following new section:

  ``Sec. 517. Quarterly reports to Congress on conferences sponsored by 
                    the Department

  ``(a) Quarterly Reports Required.--Not later than 30 days after the 
end of each fiscal quarter, the Secretary shall submit to the Committee 
on Veterans' Affairs of the House of Representatives and the Committee 
on Veterans' Affairs of the Senate a report on covered conferences.
  ``(b) Matters Included.--Each report under subsection (a) shall 
include the following:
          ``(1) An accounting of the final costs to the Department of 
        each covered conference occurring during the fiscal quarter 
        preceding the date on which the report is submitted, including 
        the costs related to--
                  ``(A) transportation and parking;
                  ``(B) per diem payments;
                  ``(C) lodging;
                  ``(D) rental of halls, auditoriums, or other spaces;
                  ``(E) rental of equipment;
                  ``(F) refreshments;
                  ``(G) entertainment;
                  ``(H) contractors; and
                  ``(I) brochures or other printed media.
          ``(2) The total estimated costs to the Department for covered 
        conferences occurring during the fiscal quarter in which the 
        report is submitted.
  ``(c) Covered Conference Defined.--In this section, the term `covered 
conference' means a conference, meeting, or other similar forum that is 
sponsored or co-sponsored by the Department of Veterans Affairs and 
is--
          ``(1) attended by 50 or more individuals, including one or 
        more employees of the Department; or
          ``(2) estimated to cost the Department at least $20,000.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
516 the following:

``517. Quarterly reports to Congress on conferences sponsored by the 
Department.''.

SEC. 2. SUBMISSION OF CERTAIN INFORMATION BY THE SECRETARY OF VETERANS 
                    AFFAIRS.

  (a) In General.--Subchapter II of chapter 5 of title 38, United 
States Code, is amended by inserting after section 529 the following 
new section:

``Sec. 529A. Submission of certain information by the Secretary to 
                    Congress

  ``(a) In General.--The submission of information by the Secretary to 
the Committee on Veterans' Affairs of the House of Representatives or 
the Committee on Veterans' Affairs of the Senate in response to a 
request for such information made by a covered member of the committee 
shall be deemed to be--
          ``(1) a covered disclosure under section 552a(b)(9) of title 
        5; and
          ``(2) a permitted disclosure under regulations promulgated 
        under section 264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191), including a 
        permitted disclosure for oversight activities authorized by law 
        as described in section 164.512(d) of title 45, Code of Federal 
        Regulations.
  ``(b) Submission to Chairman.--With respect to a request for 
information described in subsection (a) made by a covered member of the 
committee who is not the chairman, the Secretary shall also submit such 
information to the chairman of the Committee on Veterans' Affairs of 
the House of Representatives or the Committee on Veterans' Affairs of 
the Senate, as the case may be.
  ``(c) Covered Member of the Committee.--In this section, the term 
`covered member of the committee' means the following:
          ``(1) The chairman or ranking member of the Committee on 
        Veterans' Affairs of the House of Representatives or the 
        Committee on Veterans' Affairs of the Senate.
          ``(2) A chairman or ranking member of a subcommittee of the 
        Committee on Veterans' Affairs of the House of Representatives 
        or the Committee on Veterans' Affairs of the Senate.
          ``(3) The designee of a chairman or ranking member described 
        in paragraph (1) or (2).''.
  (b) Conforming Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
529 the following new item:

``529A. Submission of certain information by the Secretary to 
Congress.''.

SEC. 3. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY 
                    FEDERAL CONTRACTORS.

  Section 4212(d) of title 38, United States Code, is amended by adding 
at the end the following new paragraph:
  ``(3) The Secretary of Labor shall establish and maintain an Internet 
website on which the Secretary shall publicly disclose the information 
reported to the Secretary of Labor by contractors under paragraph 
(1).''.

  Amend the title so as to read:

    A bill to amend title 38, United States Code, to direct the 
Secretary of Veterans Affairs to notify Congress of conferences 
sponsored by the Department of Veterans Affairs, and for other 
purposes.

                          Purpose and Summary

    H.R. 2302, was introduced on June 22, 2011, by 
Representative Marlin Stutzman of Indiana. H.R. 2302, as 
amended, would amend title 38, United States Code, to direct 
the Secretary of Veterans Affairs to notify Congress of costs 
related to certain conferences sponsored by the Department of 
Veterans Affairs, and for other purposes.
    H.R. 2302, as amended, is comprised of a number of bills 
introduced in the 112th Congress. These bills include: an 
amended version of H.R. 2302; H.R. 2388, introduced by Chairman 
Jeff Miller of Florida, to amend title 38, United States Code, 
to improve the submission of information by the Secretary of 
Veterans Affairs to Congress; and H.R. 2243, introduced by 
Representative Jerry McNerney of California, to amend title 38, 
United States Code, to require the Secretary of Labor to 
publish on an Internet Web Site certain information about the 
number of veterans who are employed by Federal contractors.

                  Background and Need for Legislation


Section 1--Quarterly reports to Congress on conferences sponsored by 
        the department

    Current law does not require the Department of Veterans 
Affairs (VA) to provide Congress with detailed financial data 
related to functions such as conferences and other large-scale 
meetings. Typically, VA holds several of these types of 
meetings annually, which is partially reflected in the 
significant increase in the VA's budget request for travel from 
$289 million in FY 2011, to $394 million in FY 2012.
    With a growing deficit, and scarce discretionary funding 
resources, the Committee is very concerned about costs that are 
not directly related to the mission of providing services and 
benefits to veterans. Earlier this year, the Veterans Benefit 
Administration held an 11-day conference to review the schedule 
of rating disabilities at a resort in Scottsdale, Arizona. 
Attendees included 50 VA employees and 10 non-VA individuals. 
The costs are summarized in the following chart:

------------------------------------------------------------------------

------------------------------------------------------------------------
Travel.....................................................      $90,540
Hotel......................................................       30,000
Audiovisual................................................        4,000
Support Contractor.........................................       97,000
                                                            ------------
    Total..................................................      221,540
------------------------------------------------------------------------

    While the Committee is concerned with the significant cost 
of such conferences, section 1 of H.R. 2302 would not limit 
VA's travel budget or eliminate any conferences. The Committee 
understands that it is often advantageous for VA employees to 
meet face-to-face for training and leadership development, but 
believes that there must be more transparency and oversight of 
these meetings.
    Therefore, to add transparency, section 1 of H.R. 2302 
would require VA to provide both the Senate and House 
Committees on Veterans' Affairs a quarterly accounting of 
actual expenses related to conferences hosted or co-hosted by 
VA with attendance of 50 or more individuals, or that cost in 
excess of $20,000. The report would be required within 30 days 
of the conclusion of each quarter and must also include an 
estimate of actual conference expenses for the current quarter. 
The change will provide Congress an acceptable level of insight 
into VA's expenditures on conferences and also how well VA 
budgets for these conferences in advance.

Section 2--Submission of certain information by the Secretary of 
        Veterans Affairs

    The Health Insurance Portability and Accountability Act of 
1996 (HIPAA), (Public Law 104-191, 110 Stat. 1936), restricts 
access to several types of personal data and defines the 
conditions under which such data may be released to a 
requestor.
    Currently, VA's Office of Congressional and Legislative 
Affairs (OCLA) inconsistently applies an unwritten policy 
regarding the types of information requests from the Committee 
on Veterans' Affairs that require a signed letter from the 
Chairman of the Committee or a Chairman of a Subcommittee.
    It has been generally understood that, under HIPAA, the 
requirement for a letter from the Chairman applies to requests 
that would include an individual's Personally Identifiable 
Information (PII), such as a Social Security number or date of 
birth.
    However, in practice, VA has required a letter from the 
Chairman for requests for information having nothing to do with 
PII. For example, in 2011, VA required letters for information 
regarding acquisition plans related to five separate 
facilities, details related to the problematic operation of a 
VAMC, investigative material related to contracting issues, and 
more. In each of the aforementioned cases, there was nothing 
related to PII or HIPAA in the material being sought. The 
effect of what appears to be an arbitrarily applied policy is a 
delay in the Committee's oversight capability.
    Committee staff is directly authorized by the Members of 
the Committee to work on behalf of the Members of the 
Committee. It, therefore, translates that a request by a 
Committee staff member seeking information under the 
Committee's official oversight and investigatory capacity is 
both within the Committee's jurisdiction and authorized by the 
Committee.
    Beginning in January 2011, staff of both the Subcommittee 
on Oversight and Investigations and the full Committee on 
Veterans' Affairs made multiple requests for a copy of the VA's 
own written policy regarding its requirement for a Chairman's 
letter. After several months of discussion, the Department 
admitted that its own policy was unwritten, and that the 
Department's own opinion of dealing with such matters is based 
on a 2001 Department of Justice opinion. Additionally, 
Committee staff met with the Department's General Counsel and 
discussed the issue, with a promise by the General Counsel that 
a clear and consistent procedure would be outlined with OCLA. 
Notwithstanding this assurance, problems with OCLA's 
inconsistent application of the unwritten policy remain.
    During a Subcommittee on Oversight and Investigations 
legislative hearing on H.R. 2388 on July 20, 2011, Subcommittee 
Chairman Bill Johnson of Ohio noted that the VA had yet to 
provide its own written policy, similar to what might be 
outlined in an employee training manual. The VA responded by 
submitting another copy of the 2001 Department of Justice 
opinion, along with a cover letter to Subcommittee Chairman 
Johnson, yet it did not provide the VA's own written policy on 
the matter.
    The 2001 Department of Justice opinion is titled 
``Application of Privacy Act Congressional-Disclosure Exception 
to Disclosures to Ranking Minority Members,'' and the opinion 
is directed specifically to the Department of the Treasury in 
relation to requests from the Senate Finance Committee. The 
opinion states that information protected under The Privacy Act 
(5 U.S.C. 552a(b)(9)) will not be disclosed ``without the 
consent of the individual to whom the information relates, 
unless one of the enumerated exceptions of the Act applies,'' 
to include authorizing disclosure ``to either the House of 
Congress, or, to the extent of matter within its jurisdiction, 
any committee or subcommittee thereof, any joint committee of 
Congress or subcommittee of any such joint committee.''
    The Department's use of this legal opinion as a reason to 
require a Chairman's letter contains the following 
deficiencies:
          (1) The response cited a ranking minority member's 
        access to personally identifiable information even when 
        the request came from the Chairman;
          (2) Regardless of majority or minority party, this 
        information should be made available if it falls within 
        an enumerated exception as described by law, requests 
        from Committees and Subcommittees being an example of 
        enumerated exception;
          (3) The written requests from the Committee on 
        Veterans' Affairs (and its subcommittees) routinely are 
        made by staff members specifically acting under the 
        authority of the Committee Chairman (and Subcommittee 
        Chairman); and
          (4) Numerous Committee requests in question were not 
        PII or HIPAA related.
    The Department's requirement of a letter needlessly 
obstructs the conduct of the Committee's oversight and 
investigatory process. Therefore, section 2 of H.R. 2302, as 
amended, would clearly establish the Department's 
responsibility to respond to requests for information.
    Section 2 would clarify that a request by a covered Member 
of the House or Senate Committee on Veterans' Affairs is a 
covered disclosure under the Privacy Act and a permitted 
disclosure under HIPAA. The section would also clarify that a 
covered Member of either Committee includes the Chairman or 
Ranking Member of the House or Senate Committee on Veterans' 
Affairs, a Chairman or Ranking Member of a Subcommittee of the 
House or Senate Committee on Veterans' Affairs, or the designee 
of such Chairmen or Ranking Members. Lastly, the section 
requires that the Secretary of Veterans Affairs also submit a 
copy of the information requested by a covered Member of the 
Committee to the Chairman of the full Committee when submitting 
such information. These changes would improve Congressional 
oversight and remove any uncertainty as to whether a letter 
signed by a Committee Chairman would be required.

Section 3--Publication of data on employment of certain veterans by 
        Federal contractors

    Section 4212 of title 38, United States Code, requires 
companies with Federal contracts worth $100,000 or more to have 
an affirmative action plan to hire veterans and to report 
certain veteran-related employment data annually to the U.S. 
Department of Labor (DoL).
    A priority of the Committee has always been veterans' 
employment in the civilian workforce. During times of high 
nationwide unemployment and a large number of returning 
servicemembers, the challenges to reducing veterans' 
unemployment are magnified. However, current technology and 
capabilities can provide greater transparency to ensure 
compliance with current laws, especially regarding Federal 
contractors using taxpayer dollars.
    The Vietnam Era Veterans Readjustment and Assistance Act of 
1974 (Public Law 93-508, 88 Stat. 1518), as amended and 
reflected in section 4212 of title 38, United States Code, 
requires Federal contractors with contracts worth $100,000 or 
more to take ``affirmative action'' to ``employ and advance in 
employment qualified covered veterans.'' Subsection (d)(1) of 
section 4212 also requires those same Federal contractors to 
report on various aspects of their affirmative action program 
to hire veterans. The reports are commonly referred to as the 
``VETS 100'' and ``VETS 100A'' reports. DoL has delegated 
compliance enforcement of section 4212 to the Office of Federal 
Contractor Compliance.
    A review of the DoL Web site shows that DoL provides the 
ability to file the VETS 100 and VETS 100A reports online, but 
does not provide public access to the data. Requiring DoL to 
provide public access to VETS 100 and VETS 100A reports will 
increase oversight and accountability that is long overdue. In 
the past, the Subcommittee has heard from veteran service 
organizations that they do not believe all Federal contractors 
submit or file a report. Furthermore, there is doubt that DoL 
does indeed enforce the requirement to submit these reports. 
Because these reports are not made public, there is no proof 
that Federal contractors are taking the necessary steps to 
employ qualified veterans or that their Federal contracts 
include an affirmative action clause. By making public the 
employment data reported by Federal contractors, we can ensure 
that Federal contractors comply with relevant laws and assist 
Congress to continue to seek ways to improve enforcement of 
Federal contractor compliance.

                                Hearings

    On July 7, 2011, the Subcommittee on Economic Opportunity 
conducted a legislative hearing on various bills introduced 
during the 112th Congress, including: H.R. 1911, H.R. 240, H.R. 
1263, H.R. 120, H.R. 2274, H.R. 2301, H.R. 2302, H.R. 2345, and 
H.R. 2329. The following witnesses testified: Mr. Tom 
Tarantino, Senior Legislative Associate of Iraq and Afghanistan 
Veterans of America; Mr. Shane Barker, Senior Legislative 
Associate, National Legislative Service of the Veterans of 
Foreign Wars of the United States; Mr. Jeff Steele, Assistant 
Director, National Legislative Commission of The American 
Legion; MG David Bockel, USA (Ret.), Executive Director of the 
Reserve Officers Association of the United States (submitted 
also on behalf of the Reserve Enlisted Association of the 
United States); Mr. Arthur F. Kirk, Jr., President, Saint Leo 
University, Saint Leo, FL, on behalf of National Association of 
Independent Colleges and Universities; Ms. Susan C. Aldridge, 
Ph.D., President, University of Maryland University College, 
Adelphia, MD, on behalf of the American Association of State 
Colleges and Universities; and Mr. Curtis L. Coy, Deputy Under 
Secretary for Economic Opportunity, Veterans Benefits 
Administration of the U.S. Department of Veterans Affairs, who 
was accompanied by Mr. John Brizzi, Deputy Assistant General 
Counsel, Office of General Counsel of the U.S. Department of 
Veterans Affairs. Ms. Vivianne Cisneros Wersel, Au.D., Chair, 
Government Relations Committee of Gold Star Wives of America, 
Inc. and the Paralyzed Veterans of America submitted statements 
for the record.
    On July 20, 2011, the Subcommittee on Oversight and 
Investigations conducted a legislative hearing on various bills 
introduced during the 112th Congress, including: H.R. 2383, 
H.R. 2243, H.R. 2388, and H.R. 2470. The following witnesses 
testified: Mr. Thomas Murphy, Director, Compensation Service, 
Veterans Benefits Administration of the U.S. Department of 
Veterans Affairs, who was accompanied by the Honorable Roger 
Baker, Assistant Secretary for Information and Technology and 
Chief Information Officer, U.S. Department of Veterans Affairs, 
and John H. ``Jack'' Thompson, Deputy Assistant General 
Counsel, Office of General Counsel of the U.S. Department of 
Veterans; The Honorable Elizabeth A. McGrath, Deputy Chief 
Management Officer, U.S. Department of Defense; Debra Filippi, 
Former Director of the U.S. Department of Defense/U.S. 
Department of Veterans Affairs Interagency Program Office; 
Jeffrey C. Hall, Assistant National Legislative Director, 
Disabled American Veterans; and Ryan M. Gallucci, Deputy 
Director, National Legislative Service, Veterans of Foreign 
Wars of the United States. The Veterans Employment and Training 
Service, U.S. Department of Labor, submitted a statement for 
the record.

                       Subcommittee Consideration

    On July 21, 2011, the Subcommittee on Economic Opportunity 
met in an open markup session, a quorum being present, and 
approved H.R. 2302, by voice vote. Ranking Member Braley 
offered a motion to favorably report H.R. 2302, to the full 
Committee. His motion was approved by voice vote.
    On July 28, 2011, the Subcommittee on Oversight and 
Investigations met in an open markup session, a quorum being 
present. Ranking Member Donnelly offered a motion to report 
H.R. 2388 favorably to the full Committee. His motion was 
approved by voice vote. Ranking Member Donnelly also offered a 
motion to report H.R. 2243 favorably to the full Committee. His 
motion was approved by voice vote.

                        Committee Consideration

    On September 8, 2011, the full Committee met in an open 
markup session, a quorum being present, to consider H.R. 2302. 
Mr. Stutzman of Indiana offered an amendment in the nature of 
substitute to amend H.R. 2302 as introduced and include 
provisions from H.R. 2302, H.R. 2388 and H.R 2243. The 
amendment in the nature of substitute was agreed to by voice 
vote. Following the vote, the full Committee ordered H.R. 2302, 
as amended, reported favorably to the House of Representatives 
by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report the legislation and amendments thereto. 
There were no record votes taken on amendments or in connection 
with ordering H.R. 2302, as amended, reported to the House. A 
motion by Ranking Member Bob Filner of California to order H.R. 
2302, as amended, reported favorably to the House of 
Representatives was agreed to by voice vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 2302, as amended, does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
2302, as amended, prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 2302, as amended, provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 2011.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2302, a bill to 
amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to notify Congress of conferences sponsored by 
the Department of Veterans Affairs.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dwayne M. 
Wright.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2302--A bill to amend title 38, United States Code, to direct the 
        Secretary of Veterans Affairs to notify Congress of conferences 
        sponsored by the Department of Veterans Affairs

    H.R. 2302 would require the Department of Veterans Affairs 
(VA) and the Department of Labor (DOL) to report certain 
information.
    Section 1 would require VA to provide detailed quarterly 
reports to the Congress regarding the final costs of any VA-
sponsored conferences attended by more than 50 people 
(including one or more VA employees) that were estimated to 
cost the agency at least $20,000. The department currently 
prepares a cost report for each conference.
    Section 2 would expand the number of individuals that are 
allowed to receive certain confidential information from VA.
    Section 3 would require DOL to establish and maintain a 
public Web site that discloses information about the numbers of 
veterans employed by certain contractors. Those contractors 
currently report that information to DOL. CBO expects that DOL 
would add an additional page to its Web site listing such 
information.
    CBO estimates that any costs associated with implementing 
H.R. 2302 would be insignificant over the 2012-2016 period.
    Enacting H.R. 2302 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 2302 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Dwayne M. 
Wright. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 2302, as amended, prepared by the 
Director of the Congressional Budget Office pursuant to section 
423 of the Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
2302, as amended.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, the reported bill is authorized by Congress' 
power to ``provide for the common Defense and general Welfare 
of the United States.''

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1--Quarterly reports to Congress on conferences sponsored by 
        the Department

    This section amends subchapter I of chapter 5 of title 38 
U.S.C. to require the Department of Veterans Affairs to provide 
Congress with information on its spending on covered 
conferences.
    Subsection (a) requires, that VA submit a quarterly report 
to both the Senate and House Committee on Veterans' Affairs 
detailing the expenses related to conferences hosted or co-
hosted by VA. It also requires that VA submit this quarterly 
report within 30 days of the end of the quarter.
    Subsection (b) requires that the reports include actual 
expenses for conferences occurring during the previous quarter 
related to: transportation and parking; per diem payments; 
lodging; rentals of halls, auditoriums, or other spaces; rental 
of equipment; refreshments; entertainment; contractors; and 
brochures or printed material. It also requires that the report 
include an estimate of the expected conference expenses for the 
next quarter.
    Subsection (c) defines covered conferences that will be 
included in the report as those that are attended by 50 or more 
individuals, including one or more employees of the VA, or have 
an estimated cost of at least $20,000.

Section 2--Submission of certain information by the Secretary of 
        Veterans Affairs

    This section amends subchapter II of chapter 5 of title 38 
U.S.C. to require the Secretary of Veterans Affairs to provide 
certain information to the House and Senate Committee on 
Veterans' Affairs.
    Subsection (a) sets out that information requested by House 
and Senate Committees on Veterans' Affairs for oversight 
functions shall be deemed permissible under privacy rules and 
the Health Insurance Portability and Accountability Act of 1996 
(P.L. 104-191).
    Subsection (b) requires that when a Member of the House or 
Senate Committee is provided this information, that the 
Secretary also provides a copy to that Committee's respective 
Chairman.
    Subsection (c) defines covered Members of the Committee as 
the Chairman or Ranking Member of the Senate or House Committee 
on Veterans' Affairs, a Chairman or Ranking Member of a 
Subcommittee on the House or Senate Committee on Veterans' 
Affairs, or their designee.

Section 3--Publication of data on employment of certain Veterans by 
        Federal Contractors

    This section amends section 4212(d) of title 38 U.S.C. to 
require the Secretary of Labor to publish on an Internet Web 
site, reports submitted by government contractors on the 
results of their affirmative action plans to hire veterans.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 38, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


            CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY


                    SUBCHAPTER I--GENERAL AUTHORITIES

Sec.
501. Rules and regulations.
     * * * * * * *
517. Quarterly reports to Congress on conferences sponsored by the 
          Department.

                   SUBCHAPTER II--SPECIFIED FUNCTIONS

     * * * * * * *
529A. Submission of certain information by the Secretary to Congress.

SUBCHAPTER I--GENERAL AUTHORITIES

           *       *       *       *       *       *       *


Sec. 517.   Quarterly reports to Congress on conferences sponsored by 
                    the Department

  (a) Quarterly Reports Required.--Not later than 30 days after 
the end of each fiscal quarter, the Secretary shall submit to 
the Committee on Veterans' Affairs of the House of 
Representatives and the Committee on Veterans' Affairs of the 
Senate a report on covered conferences.
  (b) Matters Included.--Each report under subsection (a) shall 
include the following:
          (1) An accounting of the final costs to the 
        Department of each covered conference occurring during 
        the fiscal quarter preceding the date on which the 
        report is submitted, including the costs related to--
                  (A) transportation and parking;
                  (B) per diem payments;
                  (C) lodging;
                  (D) rental of halls, auditoriums, or other 
                spaces;
                  (E) rental of equipment;
                  (F) refreshments;
                  (G) entertainment;
                  (H) contractors; and
                  (I) brochures or other printed media.
          (2) The total estimated costs to the Department for 
        covered conferences occurring during the fiscal quarter 
        in which the report is submitted.
  (c) Covered Conference Defined.--In this section, the term 
``covered conference'' means a conference, meeting, or other 
similar forum that is sponsored or co-sponsored by the 
Department of Veterans Affairs and is--
          (1) attended by 50 or more individuals, including one 
        or more employees of the Department; or
          (2) estimated to cost the Department at least 
        $20,000.

SUBCHAPTER II--SPECIFIED FUNCTIONS

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Sec. 529A.   Submission of certain information by the Secretary to 
                    Congress

  (a) In General.--The submission of information by the 
Secretary to the Committee on Veterans' Affairs of the House of 
Representatives or the Committee on Veterans' Affairs of the 
Senate in response to a request for such information made by a 
covered member of the committee shall be deemed to be--
          (1) a covered disclosure under section 552a(b)(9) of 
        title 5; and
          (2) a permitted disclosure under regulations 
        promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 
        (Public Law 104-191), including a permitted disclosure 
        for oversight activities authorized by law as described 
        in section 164.512(d) of title 45, Code of Federal 
        Regulations.
  (b) Submission to Chairman.--With respect to a request for 
information described in subsection (a) made by a covered 
member of the committee who is not the chairman, the Secretary 
shall also submit such information to the chairman of the 
Committee on Veterans' Affairs of the House of Representatives 
or the Committee on Veterans' Affairs of the Senate, as the 
case may be.
  (c) Covered Member of the Committee.--In this section, the 
term ``covered member of the committee'' means the following:
          (1) The chairman or ranking member of the Committee 
        on Veterans' Affairs of the House of Representatives or 
        the Committee on Veterans' Affairs of the Senate.
          (2) A chairman or ranking member of a subcommittee of 
        the Committee on Veterans' Affairs of the House of 
        Representatives or the Committee on Veterans' Affairs 
        of the Senate.
          (3) The designee of a chairman or ranking member 
        described in paragraph (1) or (2).

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PART III--READJUSTMENT AND RELATED BENEFITS

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CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS

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Sec. 4212.   Veterans' employment emphasis under Federal contracts

  (a) * * *

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  (d)(1) * * *

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  (3) The Secretary of Labor shall establish and maintain an 
Internet website on which the Secretary shall publicly disclose 
the information reported to the Secretary of Labor by 
contractors under paragraph (1).

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