I 108TH CONGRESS 1ST SESSION H. R. 3589 To create the Office of Chief Financial Officer of the Government of the Virgin Islands. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2003 Mrs. CHRISTENSEN introduced the following bill; which was referred to the Committee on Resources A BILL To create the Office of Chief Financial Officer of the Government of the Virgin Islands. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS- 3 LANDS. 4 (a) APPOINTMENT OF CHIEF FINANCIAL OFFICER.— 5 (1) IN GENERAL.—The Governor of the Virgin 6 Islands shall appoint a Chief Financial Officer, with 7 the advice and consent of the Legislature of the Vir- 8 gin Islands, from the names on the list required 9 under section 2(d). If the Governor has nominated 10 2 •HR 3589 IH a person for Chief Financial Officer but the Legisla- 1 ture of the Virgin Islands has not confirmed a nomi- 2 nee not later than 90 days after receiving the list 3 pursuant to section 2(d), the Governor shall appoint 4 from such list a Chief Financial Officer on an acting 5 basis until the Legislature consents to a Chief Fi- 6 nancial Officer. 7 (2) ACTING CHIEF FINANCIAL OFFICER.—If a 8 Chief Financial Officer has not been appointed 9 under paragraph (1) within 180 days after the date 10 of the enactment of this Act, the Secretary of the 11 Interior shall appoint from the names on the list 12 submitted under section 2(d), an Acting Chief Fi- 13 nancial Officer to serve in that capacity until a Chief 14 Financial Officer is appointed under the first sen- 15 tence of paragraph (1). 16 (b) TRANSFER OF FUNCTIONS.— 17 (1) IN GENERAL.—Upon the appointment of a 18 Chief Financial Officer under subsection (a), the 19 functions of the Director of the Office of Manage- 20 ment and Budget established under the laws of the 21 Virgin Islands shall be transferred to the Chief Fi- 22 nancial Officer. 23 (2) DOCUMENTS PROVIDED.—The head of the 24 Department of Finance of the Virgin Islands and 25 3 •HR 3589 IH the head of the Internal Revenue Bureau of the Vir- 1 gin Islands shall provide all documents and informa- 2 tion under the jurisdiction of that head that the 3 Chief Financial Officer considers required to carry 4 out his or her functions to the Chief Financial Offi- 5 cer. 6 (c) DEPUTY CHIEF FINANCIAL OFFICER.—Until the 7 date that is 5 years after the date of the enactment of 8 this Act, the position of the Director of the Office of Man- 9 agement and Budget of the Virgin Islands shall— 10 (1) have the duties, salary, and other conditions 11 of the Deputy Chief Financial Officer in lieu of the 12 duties, salary, and other conditions of the Director 13 of the Office of Management and Budget of the Vir- 14 gin Islands as such functions existed before the ap- 15 pointment of the Chief Financial Officer; and 16 (2) assist the Chief Financial Officer in car- 17 rying out the duties of the Chief Financial Officer. 18 (d) CONDITIONS RELATED TO CHIEF FINANCIAL OF- 19 FICER.— 20 (1) TERM.—The Chief Financial Officer shall 21 be appointed for a term of 5 years. 22 (2) REMOVAL.—The Chief Financial Officer 23 shall not be removed except for cause. An Acting 24 Chief Financial Officer may be removed for cause or 25 4 •HR 3589 IH by a Chief Financial Officer appointed with the ad- 1 vice and consent of the Legislature of the Virgin Is- 2 lands. 3 (3) REPLACEMENT.—If the Chief Financial Of- 4 ficer is unable to continue acting in that capacity 5 due to removal, illness, death, or otherwise, another 6 Chief Financial Officer shall be selecting in accord- 7 ance with subsection (a). 8 (4) SALARY.—The Chief Financial Officer shall 9 be paid at a salary to be determined by the Governor 10 of the Virgin Islands, except such rate may not ex- 11 ceed the rate of pay for a cabinet officer of the Gov- 12 ernment of the Virgin Islands. 13 (e) CONDITIONS RELATED TO DEPUTY CHIEF FI- 14 NANCIAL OFFICER.— 15 (1) TERM; REMOVAL.—The Deputy Chief Fi- 16 nancial Officer shall serve at the pleasure of the 17 Chief Financial Officer. 18 (2) REPLACEMENT.—If the Deputy Chief Fi- 19 nancial Officer is unable to continue acting in that 20 capacity due to removal, illness, death, or otherwise, 21 another person shall be selected by the Chief Finan- 22 cial Officer to serve as Deputy Chief Financial Offi- 23 cer. 24 5 •HR 3589 IH (3) SALARY.—The Deputy Chief Financial Offi- 1 cer shall be paid at a salary to be determined by the 2 Chief Financial Officer, except such rate may not 3 exceed the rate of pay for a cabinet officer of the 4 Government of the Virgin Islands. 5 (f) RESUMPTION OF FUNCTIONS.—On the date that 6 is 5 years after the date of the enactment of this Act, 7 the functions of the Chief Financial Officer shall be trans- 8 ferred to the Director of the Office of Management and 9 Budget of the Virgin Islands. 10 (g) SUNSET.—This section shall cease to have effect 11 after the date that is 5 years after the date of the enact- 12 ment of this Act. 13 SEC. 2. ESTABLISHMENT OF COMMISSION. 14 (a) ESTABLISHMENT.—There is established a com- 15 mission to be known as the ‘‘Virgin Islands Chief Finan- 16 cial Officer Search Commission’’. 17 (b) DUTY OF COMMISSION.—The Commission shall 18 recommend to the Governor 3 candidates for nomination 19 as Chief Financial Officer of the Virgin Islands. Each can- 20 didate must be a certified public accountant and must 21 have demonstrated ability in general management of, 22 knowledge of, and extensive practical experience in large 23 governmental or business entities. 24 (c) MEMBERSHIP.— 25 6 •HR 3589 IH (1) NUMBER AND APPOINTMENT.—The Com- 1 mission shall be composed of 7 members appointed, 2 not later than 30 days after the date of the enact- 3 ment of this Act, as follows: 4 (A) 1 individual appointed by the Governor 5 of the Virgin Islands. 6 (B) 1 individual appointed by the Presi- 7 dent of the Legislature of the Virgin Islands. 8 (C) 1 individual, who is an employee of the 9 Government of the Virgin Islands, appointed by 10 the Central Labor Council of the Virgin Is- 11 lands. 12 (D) 1 individual appointed by the joint 13 Chambers of Commerce of St. Thomas-St. John 14 and St. Croix. 15 (E) 1 individual appointed by the Presi- 16 dent of the University of the Virgin Islands. 17 (F) 1 individual appointed by the Chief 18 Judge of the Virgin Islands Territorial Court. 19 (G) 1 individual, who is a resident of St. 20 John, appointed by the At-Large Member of the 21 Legislature of the Virgin Islands. 22 (2) TERMS.— 23 (A) IN GENERAL.—Each member shall be 24 appointed for the life of the Commission. 25 7 •HR 3589 IH (B) VACANCIES.—A vacancy in the Com- 1 mission shall be filled in the manner in which 2 the original appointment was made. Any mem- 3 ber appointed to fill a vacancy shall be ap- 4 pointed for the remainder of that term. 5 (3) BASIC PAY.—Members shall serve without 6 pay. 7 (4) QUORUM.—Five members of the Commis- 8 sion shall constitute a quorum. 9 (5) CHAIRPERSON.—The Chairperson of the 10 Commission shall be the Secretary of the Interior or 11 his or her designee and shall serve as an ex officio 12 member of the Commission. 13 (6) MEETINGS.—The Commission shall meet at 14 the call of the Chairperson. The Commission shall 15 meet for the first time not later than 30 days after 16 all members have been appointed under this sub- 17 section. 18 (d) REPORT; RECOMMENDATIONS.—The Commission 19 shall transmit a report to the Governor and the Secretary 20 of the Interior not later than 60 days after its first meet- 21 ing. The report shall name the Commission’s recommenda- 22 tions for candidates for nomination as Chief Financial Of- 23 ficer of the Virgin Islands. If the Commission fails to 24 make such recommendations within 60 days after its first 25 8 •HR 3589 IH meeting, the Secretary of the Interior shall independently 1 make these recommendations to the Governor not later 2 than 90 days after the Commission’s first meeting. 3 (e) TERMINATION.—The Commission shall terminate 4 60 days after its first meeting. 5 SEC. 3. FINANCIAL MANAGEMENT SYSTEM. 6 Not later than 1 year after the date of the enactment 7 of this Act, the Secretary of the Interior shall provide a 8 financial management system, including appropriate com- 9 puter hardware and software, to the Government of the 10 Virgin Islands. The financial management system shall be 11 available to the Chief Financial Officer and, after the date 12 that is 5 years after the date of the enactment of this 13 Act, the Director of the Office of Management and Budget 14 of the Virgin Islands, to assist the Chief Financial Officer 15 or the Director of the Office of Management and Budget 16 of the Virgin Islands, as the case may be, to carry out 17 the official duties of that office. 18 SEC. 4. DEFINITIONS. 19 For the purposes of this Act, the following definitions 20 apply: 21 (1) CHIEF FINANCIAL OFFICER.—In sections 1 22 and 2, the term ‘‘Chief Financial Officer’’ means a 23 Chief Financial Officer or Acting Chief Financial 24 9 •HR 3589 IH Officer, as the case may be, appointed under section 1 1(a). 2 (2) COMMISSION.—The term ‘‘Commission’’ 3 means the Virgin Islands Chief Financial Officer 4 Search Commission established pursuant to section 5 2. 6 (3) GOVERNOR.—The term ‘‘Governor’’ means 7 the Governor of the Virgin Islands. 8 Æ