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