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[House Report 114-486]
[From the U.S. Government Publishing Office]

114th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                          { 114-486

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     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 recommend 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''.

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 ``Commission'').

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 unincorporated 
        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 
members 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 Senate.
          (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 
appointed 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 member, 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 majority 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 
Secretary of the Interior or the Archivist of the United States may 
detail, on a reimbursable basis, any of the personnel of the Department 
of the Interior or the National Archives and Records Administration, 
respectively to the Commission to assist 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.
  (e) Volunteer and Uncompensated Services.--Notwithstanding section 
1342 of title 31, United States Code, the Commission may accept and use 
voluntary and uncompensated 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 manner 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 duties 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 dispose of gifts, bequests, or devises of money, services, or 
property, both real and personal, 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 Commission 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 Commission 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, including the identity of the donor 
        of each gift, bequest, or devise.
  (b) Final Report.--Not later than January 31, 2018, the Commission 
shall submit 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 Government 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 federally 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 pursuant 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 anniversary of the U.S. Virgin Islands becoming an 
unincorporated territory of the United States.

                  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 anniversary 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 Oversight and Government Reform ordered H.R. 2615 
favorably reported, 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 commemorative 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 
Assistant 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 Representatives 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.
    Members shall not receive compensation for duties of the 
Commission, 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 provisions 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 perform duties.

Section 6. Powers of the Commission

    Allows the Commission to hold hearings, take testimony, and 
receive 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 perform the duties of the Commission.
    Permits the Commission to solicit, accept, and use gifts or 
donations of money, services, or property, both real and 
personal, to aid the work of the Commission. The Commission may 
enter into contracts with and compensate federal, state, and 
local governments, and private entities. Upon request of the 
Commission, the Administrator of the Government Services 
Administration shall make available to the Commission, at the 
normal rental rate for federal agencies, assistance and 
facilities that may be needed for the Commission 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 
expenditures 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 
obligated to carry out this Act.

                       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 section by section description above. The 
amendment was adopted by unanimous consent.

                        Committee Consideration

    On March 1, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2615, as amended, by 
unanimous consent, a quorum being present.

                            Roll Call Votes

    No recorded votes were requested or conducted during the 
Committee'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 public services and accommodations. 
This bill establishes the Virgin Islands 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 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 
goal or objective 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 Federal 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 identified 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.

                     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 
Control 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 compliance 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 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director 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 Representatives 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 
Commission Act
    H.R. 2615 would establish a commission to plan, develop, 
and coordinate the 100th anniversary of the U.S. Virgin Islands 
becoming an unincorporated territory of the United States. The 
eight commission members would serve without pay but would be 
reimbursed for travel expenses. The commission would be 
authorized to hire staff and could use the employees and 
services of the Department of the Interior and the National 
Archives on a reimbursable basis. Under the bill the commission 
could spend gifts and contributions to cover its costs, but the 
use of appropriated funds would be prohibited. The commission 
would terminate by September 30, 2018.
    CBO estimates that implementing the bill would have no 
significant net effect on the federal budget. The legislation 
would affect direct spending because it would authorize the 
commission to accept and spend monetary gifts. Therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net 
effect on direct spending would be negligible. Enacting H.R. 
2615 would not affect revenues.
    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 
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 Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                                  [all]
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