[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 62 Referred in Senate (RFS)]
1st Session
H. R. 62
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2005
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, and for other purposes.
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 semi
autonomous 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 March 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk.