[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3589 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS.

    (a) Appointment of Chief Financial Officer.--
            (1) In general.--The Governor of the Virgin Islands shall 
        appoint a Chief Financial Officer, with the advice and consent 
        of the Legislature of the Virgin Islands, from the names on the 
        list required under section 2(d). If the Governor has nominated 
        a person for Chief Financial Officer but the Legislature of the 
        Virgin Islands has not confirmed a nominee not later than 90 
        days after receiving the list pursuant to section 2(d), the 
        Governor shall appoint from such list a Chief Financial Officer 
        on an acting basis until the Legislature consents to a Chief 
        Financial Officer.
            (2) Acting chief financial officer.--If a Chief Financial 
        Officer has not been appointed under paragraph (1) within 180 
        days after the date of the enactment of this Act, the Secretary 
        of the Interior shall appoint from the names on the list 
        submitted under section 2(d), an Acting Chief Financial Officer 
        to serve in that capacity until a Chief Financial Officer is 
        appointed under the first sentence of paragraph (1).
    (b) Transfer of Functions.--
            (1) In general.--Upon the appointment of a Chief Financial 
        Officer under subsection (a), the functions of the Director of 
        the Office of Management and Budget established under the laws 
        of the Virgin Islands shall be transferred to the Chief 
        Financial Officer.
            (2) Documents provided.--The head of the Department of 
        Finance of the Virgin Islands and the head of the Internal 
        Revenue Bureau of the Virgin Islands shall provide all 
        documents and information under the jurisdiction of that head 
        that the Chief Financial Officer considers required to carry 
        out his or her functions to the Chief Financial Officer.
    (c) Deputy Chief Financial Officer.--Until the date that is 5 years 
after the date of the enactment of this Act, the position of the 
Director of the Office of Management and Budget of the Virgin Islands 
shall--
            (1) have the duties, salary, and other conditions of the 
        Deputy Chief Financial Officer in lieu of the duties, salary, 
        and other conditions of the Director of the Office of 
        Management and Budget of the Virgin Islands as such functions 
        existed before the appointment of the Chief Financial Officer; 
        and
            (2) assist the Chief Financial Officer in carrying out the 
        duties of the Chief Financial Officer.
    (d) Conditions Related to Chief Financial Officer.--
            (1) Term.--The Chief Financial Officer shall be appointed 
        for a term of 5 years.
            (2) Removal.--The Chief Financial Officer shall not be 
        removed except for cause. An Acting Chief Financial Officer may 
        be removed for cause or by a Chief Financial Officer appointed 
        with the advice and consent of the Legislature of the Virgin 
        Islands.
            (3) Replacement.--If the Chief Financial Officer is unable 
        to continue acting in that capacity due to removal, illness, 
        death, or otherwise, another Chief Financial Officer shall be 
        selecting in accordance with subsection (a).
            (4) Salary.--The Chief Financial Officer shall be paid at a 
        salary to be determined by the Governor of the Virgin Islands, 
        except such rate may not exceed the rate of pay for a cabinet 
        officer of the Government of the Virgin Islands.
    (e) Conditions Related to Deputy Chief Financial Officer.--
            (1) Term; removal.--The Deputy Chief Financial Officer 
        shall serve at the pleasure of the Chief Financial Officer.
            (2) Replacement.--If the Deputy Chief Financial Officer is 
        unable to continue acting in that capacity due to removal, 
        illness, death, or otherwise, another person shall be selected 
        by the Chief Financial Officer to serve as Deputy Chief 
        Financial Officer.
            (3) Salary.--The Deputy Chief Financial Officer shall be 
        paid at a salary to be determined by the Chief Financial 
        Officer, except such rate may not exceed the rate of pay for a 
        cabinet officer of the Government of the Virgin Islands.
    (f) Resumption of Functions.--On the date that is 5 years after the 
date of the enactment of this Act, the functions of the Chief Financial 
Officer shall be transferred to the Director of the Office of 
Management and Budget of the Virgin Islands.
    (g) Sunset.--This section shall cease to have effect after the date 
that is 5 years after the date of the enactment of this Act.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Virgin Islands Chief Financial Officer Search Commission''.
    (b) Duty of Commission.--The Commission shall recommend to the 
Governor 3 candidates for nomination as Chief Financial Officer of the 
Virgin Islands. Each candidate must be a certified public accountant 
and must have demonstrated ability in general management of, knowledge 
of, and extensive practical experience in large governmental or 
business entities.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 7 members appointed, not later than 30 days after 
        the date of the enactment of this Act, as follows:
                    (A) 1 individual appointed by the Governor of the 
                Virgin Islands.
                    (B) 1 individual appointed by the President of the 
                Legislature of the Virgin Islands.
                    (C) 1 individual, who is an employee of the 
                Government of the Virgin Islands, appointed by the 
                Central Labor Council of the Virgin Islands.
                    (D) 1 individual appointed by the joint Chambers of 
                Commerce of St. Thomas-St. John and St. Croix.
                    (E) 1 individual appointed by the President of the 
                University of the Virgin Islands.
                    (F) 1 individual appointed by the Chief Judge of 
                the Virgin Islands Territorial Court.
                    (G) 1 individual, who is a resident of St. John, 
                appointed by the At-Large Member of the Legislature of 
                the Virgin Islands.
            (2) Terms.--
                    (A) In general.--Each member shall be appointed for 
                the life of the Commission.
                    (B) Vacancies.--A vacancy in the Commission shall 
                be filled in the manner in which the original 
                appointment was made. Any member appointed to fill a 
                vacancy shall be appointed for the remainder of that 
                term.
            (3) Basic pay.--Members shall serve without pay.
            (4) Quorum.--Five members of the Commission shall 
        constitute a quorum.
            (5) Chairperson.--The Chairperson of the Commission shall 
        be the Secretary of the Interior or his or her designee and 
        shall serve as an ex officio member of the Commission.
            (6) Meetings.--The Commission shall meet at the call of the 
        Chairperson. The Commission shall meet for the first time not 
        later than 30 days after all members have been appointed under 
        this subsection.
    (d) Report; Recommendations.--The Commission shall transmit a 
report to the Governor and the Secretary of the Interior not later than 
60 days after its first meeting. The report shall name the Commission's 
recommendations for candidates for nomination as Chief Financial 
Officer of the Virgin Islands. If the Commission fails to make such 
recommendations within 60 days after its first meeting, the Secretary 
of the Interior shall independently make these recommendations to the 
Governor not later than 90 days after the Commission's first meeting.
    (e) Termination.--The Commission shall terminate 60 days after its 
first meeting.

SEC. 3. FINANCIAL MANAGEMENT SYSTEM.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of the Interior shall provide a financial management 
system, including appropriate computer hardware and software, to the 
Government of the Virgin Islands. The financial management system shall 
be available to the Chief Financial Officer and, after the date that is 
5 years after the date of the enactment of this Act, the Director of 
the Office of Management and Budget of the Virgin Islands, to assist 
the Chief Financial Officer or the Director of the Office of Management 
and Budget of the Virgin Islands, as the case may be, to carry out the 
official duties of that office.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Chief financial officer.--In sections 1 and 2, the term 
        ``Chief Financial Officer'' means a Chief Financial Officer or 
        Acting Chief Financial Officer, as the case may be, appointed 
        under section 1(a).
            (2) Commission.--The term ``Commission'' means the Virgin 
        Islands Chief Financial Officer Search Commission established 
        pursuant to section 2.
            (3) Governor.--The term ``Governor'' means the Governor of 
        the Virgin Islands.
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