HR 2107 EHRFSCommentsClose CommentsPermalink

To create the Office of Chief Financial Officer of the Government of the Virgin Islands, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS.

(a) Appointment of Chief Financial Officer-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Transfer of Functions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Duties of Chief Financial Officer- The duties of the Chief Financial Officer shall include the following:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the Governor of the Virgin Islands;CommentsClose CommentsPermalink





(B) the legislature of the Virgin Islands;CommentsClose CommentsPermalink





(C) the Committee on Natural Resources in the House of Representatives; andCommentsClose CommentsPermalink





(D) the Committee on Energy and Natural Resources in the Senate.CommentsClose CommentsPermalink





(3) Each year certify spending limits of the annual budget and whether or not the annual budget is balanced.CommentsClose CommentsPermalink





(4) Monitor operations of budget for compliance with spending limits, appropriations, and laws, and, in consultation with the Governor, direct adjustments where necessary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) Provide technical staff to the Governor and legislature of the Virgin Islands for development of a deficit reduction and financial recovery plan.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) assist the Chief Financial Officer in carrying out the duties of the Chief Financial Officer.CommentsClose CommentsPermalink





(e) Conditions Related to Chief Financial Officer-CommentsClose CommentsPermalink





(1) TERM- The Chief Financial Officer shall be appointed for a term of 5 years or until the adoption and ratification of a Constitution by the Virgin Islands, whichever occurs first.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Conditions Related to Deputy Chief Financial Officer-CommentsClose CommentsPermalink





(1) TERM; REMOVAL- The Deputy Chief Financial Officer shall serve at the pleasure of the Chief Financial Officer.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) Resumption of Functions- On the date that is 5 years after the date of the enactment of this Act or upon the adoption and ratification of a Constitution by the Virgin Islands, whichever occurs first, the functions of the Chief Financial Officer shall be transferred to the Director of the Office of Management and Budget of the Virgin Islands.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 2. ESTABLISHMENT OF COMMISSION.

(a) Establishment- There is established a commission to be known as the `Virgin Islands Chief Financial Officer Search Commission'.CommentsClose CommentsPermalink





(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 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.CommentsClose CommentsPermalink





(c) Membership-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) 1 individual appointed by the Governor of the Virgin Islands.CommentsClose CommentsPermalink





(B) 1 individual appointed by the President of the Legislature of the Virgin Islands.CommentsClose CommentsPermalink





(C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands.CommentsClose CommentsPermalink





(D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John.CommentsClose CommentsPermalink





(E) 1 individual appointed by the Chamber of Commerce of St. Croix.CommentsClose CommentsPermalink





(F) 1 individual appointed by the President of the University of the Virgin Islands.CommentsClose CommentsPermalink





(G) 1 individual appointed by the Chief Judge of the Virgin Islands Supreme Court.CommentsClose CommentsPermalink





(H) 1 individual, who is a resident of St. John, jointly appointed by the At-Large Member of the Legislature of the Virgin Islands and the St. John administrator.CommentsClose CommentsPermalink





(I) 1 individual appointed by the Advocates for the Preservation of the Retirement System.CommentsClose CommentsPermalink





(2) TERMS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) BASIC PAY- Members shall serve without pay.CommentsClose CommentsPermalink





(4) QUORUM- Five members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink





(5) CHAIRPERSON-CommentsClose CommentsPermalink





(A) IN GENERAL- The Chairperson of the Commission shall be determined by a majority vote of the members of the Commission.CommentsClose CommentsPermalink





(B) CHAIRPERSON PRO TEM- Until the Commission elects a Chairperson under subparagraph (A), the Chairperson pro tem shall be the individual appointed under paragraph (1)(G).CommentsClose CommentsPermalink





(6) MEETINGS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission shall meet at the call of the Chairperson or the Chairperson pro tem.CommentsClose CommentsPermalink





(B) INITIAL MEETING- Not later than 15 days after all members have been appointed under this subsection, the Commission shall have its initial meeting at the call of the Chairperson pro tem.CommentsClose CommentsPermalink





(7) GOVERNMENT EMPLOYMENT- Members may not be current government employees, except for the member appointed under paragraph (1)(C).CommentsClose CommentsPermalink





(d) Report; Recommendations- The Commission shall transmit a report to the Governor and the Natural 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.CommentsClose CommentsPermalink





(e) Termination- The Commission shall terminate 210 days after its first meeting.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

For the purposes of this Act, the following definitions apply:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) COMMISSION- The term `Commission' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2.CommentsClose CommentsPermalink





(3) GOVERNOR- The term `Governor' means the Governor of the Virgin Islands.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. NO ABROGATION OF POWERS.

Nothing in this Act shall be construed to allow 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.CommentsClose CommentsPermalink

Passed the House of Representatives July 30, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.