19–006 

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 


tjames on DSK6SPTVN1PROD with REPORTS
2 

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: 

‘‘§ 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: 

‘‘§ 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. 


tjames on DSK6SPTVN1PROD with REPORTS
3 

‘‘(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 


tjames on DSK6SPTVN1PROD with REPORTS
4 

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 


tjames on DSK6SPTVN1PROD with REPORTS
5 

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. 


tjames on DSK6SPTVN1PROD with REPORTS
6 

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 asVerDate Mar 15 2010 06:53 Oct 07, 2011 Jkt 019006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR236.XXX HR236

tjames on DSK6SPTVN1PROD with REPORTS
7 

sist 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 


tjames on DSK6SPTVN1PROD with REPORTS
8 

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. 


tjames on DSK6SPTVN1PROD with REPORTS
9 

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. 


tjames on DSK6SPTVN1PROD with REPORTS
10 

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, 


tjames on DSK6SPTVN1PROD with REPORTS
11 

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. 


tjames on DSK6SPTVN1PROD with REPORTS
12 

SUBCHAPTER I—GENERAL AUTHORITIES 

* * * * * * * 

§ 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 

* * * * * * * 

§ 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. 


tjames on DSK6SPTVN1PROD with REPORTS
13 

(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). 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 42—EMPLOYMENT AND TRAINING OF 

VETERANS 

* * * * * * * 

§ 4212. Veterans’ employment emphasis under Federal contracts 

(a) * * * 

* * * * * * * 

(d)(1) * * * 

* * * * * * * 

(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). 

* * * * * * * 

Æ 


tjames on DSK6SPTVN1PROD with REPORTS