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59–006 114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–486 VIRGIN ISLANDS OF THE UNITED STATES CENTENNIAL COMMISSION ACT APRIL 12, 2016.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. CHAFFETZ, from the Committee on Oversight and Government Reform, submitted the following R E P O R T [To accompany H.R. 2615] [Including cost estimate of the Congressional Budget Office] The Committee on Oversight and Government Reform, to whom was referred the bill (H.R. 2615) to establish the Virgin Islands of the United States Centennial Commission, having considered the same, report favorably thereon with an amendment and rec- ommend that the bill as amended do pass. CONTENTS Page Committee Statement and Views ........................................................................... 3 Section-by-Section .................................................................................................... 4 Explanation of Amendments ................................................................................... 6 Committee Consideration ........................................................................................ 6 Roll Call Votes ......................................................................................................... 6 Application of Law to the Legislative Branch ....................................................... 6 Statement of Oversight Findings and Recommendations of the Committee ...... 6 Statement of General Performance Goals and Objectives .................................... 6 Duplication of Federal Programs ............................................................................ 6 Disclosure of Directed Rule Makings ..................................................................... 6 Federal Advisory Committee Act ............................................................................ 7 Unfunded Mandate Statement ............................................................................... 7 Earmark Identification ............................................................................................ 7 Committee Estimate ................................................................................................ 7 Budget Authority and Congressional Budget Office Cost Estimate .................... 7 The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Virgin Islands of the United States Centennial Commission Act’’. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 2 SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ‘‘Virgin Islands of the United States Centennial Commission’’ (in this Act referred to as the ‘‘Commis- sion’’). SEC. 3. DUTIES OF COMMISSION. The Commission shall— (1) plan, develop, and carry out such activities as the Commission determines to be appropriate to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unincorporated territory of the United States; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unin- corporated territory of the United States; and (3) submit to the President and Congress the reports required pursuant to section 7. SEC. 4. MEMBERSHIP. (a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 8 mem- bers as follows: (1) The Assistant Secretary of the Interior for Insular Affairs or a designee of the Assistant Secretary. (2) One member appointed by the Governor of the Virgin Islands of the United States or a designee of the Governor. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Sen- ate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b) TERMS.—Each member of the Commission shall be appointed for the life of the Commission. (c) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be ap- pointed not later than 90 days after the date of the enactment of this Act. (d) VACANCIES.—A vacancy on the Commission shall— (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (e) RATES OF PAY.—Members shall not receive compensation for the performance of duties on behalf of the Commission. (f) TRAVEL EXPENSES.—Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or regular place of business of the mem- ber, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) QUORUM.—A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (h) CHAIRPERSON.—The chairperson of the Commission shall be selected by a ma- jority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) DIRECTOR AND STAFF.—The Commission shall appoint an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (b) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level III of the Executive Schedule under section 5314 of such title. (c) DETAIL OF FEDERAL EMPLOYEES.—Upon request of the Commission, the Sec- retary of the Interior or the Archivist of the United States may detail, on a reim- bursable basis, any of the personnel of the Department of the Interior or the Na- tional Archives and Records Administration, respectively to the Commission to as- sist the Commission to perform the duties of the Commission. (d) EXPERTS AND CONSULTANTS.—The Commission may procure such temporary and intermittent services from experts and consultants as are necessary to enable the Commission to perform the duties of the Commission. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 3 (e) VOLUNTEER AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and un- compensated services as the Commission determines necessary. SEC. 6. POWERS OF COMMISSION. (a) HEARINGS.—The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) MAILS.—The Commission may use the United States mails in the same man- ner and under the same conditions as other Federal agencies. (c) OBTAINING OFFICIAL DATA.—The Commission may secure directly from any Federal agency information necessary to enable the Commission to perform the du- ties of the Commission. Upon request of the chairperson of the Commission, the head of that Federal agency shall furnish that information to the Commission. (d) GIFTS, BEQUESTS, DEVISES.—The Commission may solicit, accept, use, and dis- pose of gifts, bequests, or devises of money, services, or property, both real and per- sonal, for the purpose of aiding or facilitating the work of the Commission. (e) AVAILABLE SPACE.—Upon the request of the Commission, the Administrator of General Services shall make available to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Com- mission to perform the duties of the Commission. (f) CONTRACT AUTHORITY.—The Commission may enter into contracts with and compensate the Federal Government, State and local governments, private entities, or individuals to enable the Commission to perform the duties of the Commission. SEC. 7. REPORTS. (a) ANNUAL REPORTS.—Not later than January 31 of each year, and annually thereafter until the final report is submitted pursuant to subsection (b), the Com- mission shall submit to the President and the Congress a report on— (1) the activities of the Commission; and (2) the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, in- cluding the identity of the donor of each gift, bequest, or devise. (b) FINAL REPORT.—Not later than January 31, 2018, the Commission shall sub- mit a final report to the President and the Congress containing— (1) a summary of the activities of the Commission; and (2) a final accounting of funds received and expended by the Commission. SEC. 8. ANNUAL AUDIT. The Inspector General of the Department of the Interior— (1) may perform an audit of the Commission; (2) shall make the results of any such audit available to the public; and (3) shall transmit such results to the Committee on Oversight and Govern- ment Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 9. DEFINITIONS. In this Act: (1) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the meaning given the term ‘‘agency’’ in section 551 of title 5, United States Code. (2) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, each territory or possession of the United States, and each feder- ally recognized Indian tribe. SEC. 10. TERMINATION. The Commission shall terminate on September 30, 2018, or may terminate at an earlier date determined by the Commission after the final report is submitted pur- suant to section 7(b). SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED. No Federal funds are authorized or may be obligated to carry out this Act. COMMITTEE STATEMENT AND VIEWS PURPOSE AND SUMMARY The Virgin Islands of the United States Centennial Commission Act creates a federal commission to commemorate the 100th anni- versary of the U.S. Virgin Islands becoming an unincorporated ter- ritory of the United States. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 4 BACKGROUND AND NEED FOR LEGISLATION The transfer of the Virgin Islands from Denmark to the United States in 1917 was a significant historic and cultural event. H.R. 2615 creates a bipartisan federal commission that will develop, plan, and execute formal commemorative activities to honor the rich heritage of the U.S. Virgin Islands and celebrate the 100th an- niversary of its status as a U.S. territory. LEGISLATIVE HISTORY H.R. 2615, the Virgin Islands of the United States Centennial Commission, was introduced on June 2, 2015, by Delegate Stacey Plaskett (D–VI) and referred to the Committee on Oversight and Government Reform. On March 1, 2016, the Committee on Over- sight and Government Reform ordered H.R. 2615 favorably re- ported, as amended. SECTION-BY-SECTION Section 1. Short title Designates the short title of the bill as the ‘‘Virgin Islands of the United States Centennial Commission Act’’. Section 2. Establishment Establishes a Virgin Islands of the United States Centennial Commission (the Commission). Section 3. Duties of the Commission Requires the Commission to plan and implement activities to commemorate the 100th anniversary of the Virgin Islands of the United States (USVI) becoming an unincorporated territory of the United States, and provide advice and assistance to federal, state and local government agencies, and civic groups to carry out com- memorative activities. Requires the Commission to submit reports to the President and Congress pursuant to section 7. Section 4. Membership The Commission is composed of eight members including the As- sistant Secretary of the Interior for Insular Affairs or a designee, one member appointed by the Governor of the USVI or a designee, two members of the U.S. House of Representatives appointed by the Speaker of the House, one member of the House of Representa- tives appointed by the Minority Leader of the House, two members of the U.S. Senate appointed by the Majority Leader of the Senate, and one member of the Senate appointed by the Minority Leader of the Senate. Requires members to be appointed no later than 90 days after the date of the enactment, vacancies to be filled in the manner in which the original appointment was made, and that a vacancy shall not affect the powers of the Commission. A majority of the members shall constitute a quorum to conduct business, and the chairperson of the Commission shall be selected by a majority vote of the members. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 5 Members shall not receive compensation for duties of the Com- mission, but shall be reimbursed for travel and per diem for duties of the Commission. Section 5. Director and Staff of Commission Requires the Commission to appoint an Executive Director and other personnel needed to enable the Commission to perform its duties. The personnel may be appointed without regard to the pro- visions governing appointments in the competitive service, and the rate of pay may not exceed level III of the Executive Schedule. The Commission may also hire experts and consultants and accept and use voluntary and uncompensated services. The Secretary of the Interior or the Archivist of the United States may detail any personnel to assist the Commission to per- form duties. Section 6. Powers of the Commission Allows the Commission to hold hearings, take testimony, and re- ceive evidence the Commission determines appropriate to carry out this Act. The Commission may use the U.S. mail service in the same manner as other federal agencies, and at the request of the chairperson, may secure official federal agency information to per- form the duties of the Commission. Permits the Commission to solicit, accept, and use gifts or dona- tions of money, services, or property, both real and personal, to aid the work of the Commission. The Commission may enter into con- tracts with and compensate federal, state, and local governments, and private entities. Upon request of the Commission, the Adminis- trator of the Government Services Administration shall make avail- able to the Commission, at the normal rental rate for federal agen- cies, assistance and facilities that may be needed for the Commis- sion to perform its duties. Section 7. Reports Requires the Commission to submit an annual report to the President and the Congress on the activities, revenue and expendi- tures of the Commission including a list of each gift with a value of more than $250, including the identity of the donor. Section 8. Annual audit Permits the Inspector General of the Department of the Interior to conduct an audit of the Commission. Section 9. Definitions Defines various terms in the Act including federal agency. Section 10. Termination Requires the Commission to terminate no later than September 30, 2018. Section 11. No additional funds authorized Stipulates that no federal funds are authorized or may be obli- gated to carry out this Act. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 6 EXPLANATION OF AMENDMENTS During Full Committee consideration of the bill, Delegate Stacey Plaskett (D–VI) offered an amendment in the nature of a substitute to the bill and the changes the legislation are reflected in the sec- tion by section description above. The amendment was adopted by unanimous consent. COMMITTEE CONSIDERATION On March 1, 2016, the Committee met in open session and or- dered reported favorably the bill, H.R. 2615, as amended, by unani- mous consent, a quorum being present. ROLL CALL VOTES No recorded votes were requested or conducted during the Com- mittee’s consideration of H.R. 2615. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH Section 102(b)(3) of Public Law 104–1 requires a description of the application of this bill to the legislative branch where the bill relates to the terms and conditions of employment or access to pub- lic services and accommodations. This bill establishes the Virgin Is- lands of the United States Centennial Commission. As such this bill does not relate to employment or access to public services and accommodations. STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE 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 Commit- tee’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 goal or ob- jective of the bill is to establish the Virgin Islands of the United States Centennial Commission. DUPLICATION OF FEDERAL PROGRAMS No provision of this bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Fed- eral program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related to a program iden- tified in the most recent Catalog of Federal Domestic Assistance. DISCLOSURE OF DIRECTED RULE MAKINGS The Committee estimates that enacting this bill does not direct the completion of any specific rule makings within the meaning of 5 U.S.C. 551. VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 7 FEDERAL ADVISORY COMMITTEE ACT The Committee finds that the legislation does not establish or authorize the establishment of an advisory committee within the definition of 5 U.S.C. App., Section 5(b). UNFUNDED MANDATE STATEMENT Section 423 of the Congressional Budget and Impoundment Con- trol Act (as amended by Section 101(a)(2) of the Unfunded Mandate Reform Act, P.L. 104–4) requires a statement as to whether the provisions of the reported include unfunded mandates. In compli- ance with this requirement the Committee has received a letter from the Congressional Budget Office included herein. EARMARK IDENTIFICATION This bill does not include any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of rule XXI. COMMITTEE ESTIMATE Clause 3(d)(1) of rule XIII of the Rules of the House of Rep- resentatives requires an estimate and a comparison by the Com- mittee of the costs that would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides that this require- ment does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Direc- tor of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE With respect to the requirements of clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of clause (3)(c)(3) of rule XIII of the Rules of the House of Rep- resentatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of Congressional Budget Office: H.R. 2615—Virgin Islands of the United States Centennial Com- mission Act H.R. 2615 would establish a commission to plan, develop, and co- ordinate the 100th anniversary of the U.S. Virgin Islands becoming an unincorporated territory of the United States. The eight com- mission members would serve without pay but would be reim- bursed for travel expenses. The commission would be authorized to hire staff and could use the employees and services of the Depart- ment of the Interior and the National Archives on a reimbursable basis. Under the bill the commission could spend gifts and con- tributions to cover its costs, but the use of appropriated funds would be prohibited. The commission would terminate by Sep- tember 30, 2018. CBO estimates that implementing the bill would have no signifi- cant net effect on the federal budget. The legislation would affect direct spending because it would authorize the commission to ac- VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING 8 cept and spend monetary gifts. Therefore, pay-as-you-go procedures apply. However, CBO estimates that the net effect on direct spend- ing would be negligible. Enacting H.R. 2615 would not affect reve- nues. CBO estimates that enacting H.R. 2615 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. H.R. 2615 contains no intergovernmental or private-sector man- dates 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 Matthew Pickford. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. Æ VerDate Sep 11 2014 06:36 Apr 14, 2016 Jkt 059006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6611 E:\HR\OC\HR486.XXX HR486 rfrederick on DSK6VPTVN1PROD with HEARING