[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3589 Referred in Senate (RFS)]

  2d Session
                                H. R. 3589


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2004

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 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 within 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 Virgin 
        Islands Chief Financial Officer Search Commission, by majority 
        vote, 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). In either case, if 
        the Acting Chief Financial Officer serves in an acting capacity 
        for 180 consecutive days, without further action the Acting 
        Chief Financial Officer shall become the Chief Financial 
        Officer.
    (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. All employees of the Office of Management 
        and Budget become employees of the Office of the Chief 
        Financial Officer.
            (2) Documents provided.--The heads of each department of 
        the Government of the Virgin Islands, in particular 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) Duties of Chief Financial Officer.--The duties of the Chief 
Financial Officer shall include the following:
            (1) Assume the functions and authority of the office of the 
        Office of Management and Budget established under the laws of 
        the Virgin Islands as transferred under subsection (b).
            (2) Develop a report on the financial status of the 
        Government of the Virgin Islands not later than 6 months after 
        appointment and quarterly thereafter. Such reports shall be 
        available to the public and shall be submitted to the Committee 
        on Resources in the House of Representatives and the Committee 
        on Energy and Natural Resources in the Senate.
            (3) Each year certify spending limits of the annual budget 
        and whether or not the annual budget is balanced.
            (4) Monitor operations of budget for compliance with 
        spending limits, appropriations, and laws, and direct 
        adjustments where necessary.
            (5) Develop standards for financial management, including 
        inventory and contracting, for the government of the Virgin 
        Islands in general and for each agency in conjunction with the 
        agency head.
            (6) Oversee all aspects of the implementation of the 
        financial management system provided pursuant to section 3 to 
        ensure the coordination, transparency, and networking of all 
        agencies' financial, personnel, and budget functions.
            (7) Provide technical staff to the Governor and legislature 
        of the Virgin Islands for development of a deficit reduction 
        and financial recovery plan.
    (d) 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 (as specified in subsection 
        (f)(3)), 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.
    (e) 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 
        selected 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 be less than the highest rate of pay 
        for a cabinet officer of the Government of the Virgin Islands 
        or a Chief Financial Officer serving in any government or 
        semiautonomous agency.
    (f) 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 Governor of the Virgin Islands 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 be less than the rate of pay 
        of the Director of the Office of Management and Budget.
    (g) 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.
    (h) 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 not less than 3 candidates for nomination as Chief Financial 
Officer of the Virgin Islands. Each candidate must have demonstrated 
ability in general management of, knowledge of, and extensive practical 
experience at the highest levels of financial management in 
governmental or business entities and must have experience in the 
development, implementation, and operation of financial management 
systems. Candidates shall not have served in a policy making or 
unclassified position of the Government of the Virgin Islands in the 10 
years immediately preceding appointment as Chief Financial Officer.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 9 members appointed not later than 30 days after 
        the date of the enactment of this Act. Persons appointed as 
        members must have recognized business, government, or financial 
        expertise and experience and shall be appointed 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 Chamber of 
                Commerce of St. Thomas-St. John.
                    (E) 1 individual appointed by the Chamber of 
                Commerce of St. Croix.
                    (F) 1 individual appointed by the President of the 
                University of the Virgin Islands.
                    (G) 1 individual appointed by the Chief Judge of 
                the Virgin Islands Territorial Court.
                    (H) 1 individual, who is a resident of St. John, 
                appointed by the At-Large Member of the Legislature of 
                the Virgin Islands.
                    (I) 1 individual appointed by the Advocates for the 
                Preservation of the Retirement System.
            (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 Chief Judge of the Territorial Court or her designee and 
        shall serve as an ex officio member of the Commission and shall 
        vote only in the case of a tie.
            (6) Meetings.--The Commission shall meet at the call of the 
        Chairperson. The Commission shall meet for the first time not 
        later than 15 days after all members have been appointed under 
        this subsection.
            (7) Government employment.--Members may not be current 
        government employees, except for the member appointed under 
        paragraph (1)(C); and
    (d) Report; Recommendations.--The Commission shall transmit a 
report to the Governor and the Resources Committee of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate 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.
    (e) Termination.--The Commission shall terminate 210 days after its 
first meeting.

SEC. 3. FINANCIAL MANAGEMENT SYSTEM.

     It is hereby authorized to be appropriated such sums as necessary 
for the installation of a Financial Management System, including 
appropriate computer hardware and software, to the Government of the 
Virgin Islands. Upon becoming available, 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.
            (4) Removal for cause.--The term ``removal for cause'' 
        means removal based upon misconduct, failure to meet job 
        requirements, or any grounds that a reasonable person would 
        find grounds for discharge.

SEC. 5. NO ABROGATION OF POWERS.

    Nothing in this Act shall be construed to permit the Governor and 
Legislature of the Virgin Islands to dilute, delegate, or otherwise 
alter or weaken the powers and authority of the Office of Management 
and Budget established under the laws of the Virgin Islands.

            Passed the House of Representatives September 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.