I 

110TH CONGRESS 

1ST SESSION H. R. 2107 

To create the Office of Chief Financial Officer of the Government of the 

Virgin Islands, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2007 

Mrs. CHRISTENSEN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To create the Office of Chief Financial Officer of the 

Government of the Virgin Islands, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS4 LANDS. 

5 (a) APPOINTMENT OF CHIEF FINANCIAL OFFICER.— 

6 (1) IN GENERAL.—The Governor of the Virgin 

7 Islands shall appoint a Chief Financial Officer, with 

8 the advice and consent of the Legislature of the Vir9 gin Islands, from the names on the list required 

10 under section 2(d). If the Governor has nominated 


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1 a person for Chief Financial Officer but the Legisla2 ture of the Virgin Islands has not confirmed a nomi3 nee within 90 days after receiving the list pursuant 

4 to section 2(d), the Governor shall appoint from 

5 such list a Chief Financial Officer on an acting basis 

6 until the Legislature consents to a Chief Financial 

7 Officer. 

8 (2) ACTING CHIEF FINANCIAL OFFICER.—If a 

9 Chief Financial Officer has not been appointed 

10 under paragraph (1) within 180 days after the date 

11 of the enactment of this Act, the Virgin Islands 

12 Chief Financial Officer Search Commission, by ma13 jority vote, shall appoint from the names on the list 

14 submitted under section 2(d), an Acting Chief Fi15 nancial Officer to serve in that capacity until a Chief 

16 Financial Officer is appointed under the first sen17 tence of paragraph (1). In either case, if the Acting 

18 Chief Financial Officer serves in an acting capacity 

19 for 180 consecutive days, without further action the 

20 Acting Chief Financial Officer shall become the 

21 Chief Financial Officer. 

22 (b) TRANSFER OF FUNCTIONS.— 

23 (1) IN GENERAL.—Upon the appointment of a 

24 Chief Financial Officer under subsection (a), the 

25 functions of the Director of the Office of ManageVerDate Aug 31 2005 22:41 May 10, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2107.IH H2107

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1 ment and Budget established under the laws of the 

2 Virgin Islands shall be transferred to the Chief Fi3 nancial Officer. All employees of the Office of Man4 agement and Budget become employees of the Office 

5 of the Chief Financial Officer. 

6 (2) DOCUMENTS PROVIDED.—The heads of 

7 each department of the Government of the Virgin Is8 lands, in particular the head of the Department of 

9 Finance of the Virgin Islands and the head of the 

10 Internal Revenue Bureau of the Virgin Islands shall 

11 provide all documents and information under the ju12 risdiction of that head that the Chief Financial Offi13 cer considers required to carry out his or her func14 tions to the Chief Financial Officer. 

15 (c) DUTIES OF CHIEF FINANCIAL OFFICER.—The 

16 duties of the Chief Financial Officer shall include the fol17 lowing: 

18 (1) Assume the functions and authority of the 

19 office of the Office of Management and Budget es20 tablished under the laws of the Virgin Islands as 

21 transferred under subsection (b). 

22 (2) Develop a report on the financial status of 

23 the Government of the Virgin Islands not later than 

24 6 months after appointment and quarterly thereVerDate Aug 31 2005 22:41 May 10, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2107.IH H2107

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1 after. Such reports shall be available to the public 

2 and shall be submitted to— 

3 (A) the Governor of the Virgin Islands; 

4 (B) the legislature of the Virgin Islands; 

5 (C) the Committee on Natural Resources 

6 in the House of Representatives; and 

7 (D) the Committee on Energy and Natural 

8 Resources in the Senate. 

9 (3) Each year certify spending limits of the an10 nual budget and whether or not the annual budget 

11 is balanced. 

12 (4) Monitor operations of budget for compliance 

13 with spending limits, appropriations, and laws, and, 

14 in consultation with the Governor, direct adjust15 ments where necessary. 

16 (5) Develop standards for financial manage17 ment, including inventory and contracting, for the 

18 government of the Virgin Islands in general and for 

19 each agency in conjunction with the agency head. 

20 (6) Oversee all aspects of the implementation of 

21 the financial management system provided pursuant 

22 to section 3 to ensure the coordination, trans23 parency, and networking of all agencies’ financial, 

24 personnel, and budget functions. 


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1 (7) Provide technical staff to the Governor and 

2 legislature of the Virgin Islands for development of 

3 a deficit reduction and financial recovery plan. 

4 (d) DEPUTY CHIEF FINANCIAL OFFICER.—Until the 

5 date that is 5 years after the date of the enactment of 

6 this Act, the position of the Director of the Office of Man7 agement and Budget of the Virgin Islands shall— 

8 (1) have the duties, salary (as specified in sub9 section (f)(3)), and other conditions of the Deputy 

10 Chief Financial Officer in lieu of the duties, salary, 

11 and other conditions of the Director of the Office of 

12 Management and Budget of the Virgin Islands as 

13 such functions existed before the appointment of the 

14 Chief Financial Officer; and 

15 (2) assist the Chief Financial Officer in car16 rying out the duties of the Chief Financial Officer. 

17 (e) CONDITIONS RELATED TO CHIEF FINANCIAL OF18 FICER.— 

19 (1) TERM.—The Chief Financial Officer shall 

20 be appointed for a term of 5 years or until the adop21 tion and ratification of a Constitution by the Virgin 

22 Islands, whichever occurs first. 

23 (2) REMOVAL.—The Chief Financial Officer 

24 shall not be removed except for cause. An Acting 

25 Chief Financial Officer may be removed for cause or 


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1 by a Chief Financial Officer appointed with the ad2 vice and consent of the Legislature of the Virgin Is3 lands. 

4 (3) REPLACEMENT.—If the Chief Financial Of5 ficer is unable to continue acting in that capacity 

6 due to removal, illness, death, or otherwise, another 

7 Chief Financial Officer shall be selected in accord8 ance with subsection (a). 

9 (4) SALARY.—The Chief Financial Officer shall 

10 be paid at a salary to be determined by the Governor 

11 of the Virgin Islands, except such rate may not be 

12 less than the highest rate of pay for a cabinet officer 

13 of the Government of the Virgin Islands or a Chief 

14 Financial Officer serving in any government or semi 

15 autonomous agency. 

16 (f) CONDITIONS RELATED TO DEPUTY CHIEF FI17 NANCIAL OFFICER.— 

18 (1) TERM; REMOVAL.—The Deputy Chief Fi19 nancial Officer shall serve at the pleasure of the 

20 Chief Financial Officer. 

21 (2) REPLACEMENT.—If the Deputy Chief Fi22 nancial Officer is unable to continue acting in that 

23 capacity due to removal, illness, death, or otherwise, 

24 another person shall be selected by the Governor of 


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1 the Virgin Islands to serve as Deputy Chief Finan2 cial Officer. 

3 (3) SALARY.—The Deputy Chief Financial Offi4 cer shall be paid at a salary to be determined by the 

5 Chief Financial Officer, except such rate may not be 

6 less than the rate of pay of the Director of the Of7 fice of Management and Budget. 

8 (g) RESUMPTION OF FUNCTIONS.—On the date that 

9 is 5 years after the date of the enactment of this Act or 

10 upon the adoption and ratification of a Constitution by 

11 the Virgin Islands, whichever occurs first, the functions 

12 of the Chief Financial Officer shall be transferred to the 

13 Director of the Office of Management and Budget of the 

14 Virgin Islands. 

15 (h) SUNSET.—This section shall cease to have effect 

16 after the date that is 5 years after the date of the enact17 ment of this Act. 

18 SEC. 2. ESTABLISHMENT OF COMMISSION. 

19 (a) ESTABLISHMENT.—There is established a com20 mission to be known as the ‘‘Virgin Islands Chief Finan21 cial Officer Search Commission’’. 

22 (b) DUTY OF COMMISSION.—The Commission shall 

23 recommend to the Governor not less than 3 candidates for 

24 nomination as Chief Financial Officer of the Virgin Is25 lands. Each candidate must have demonstrated ability in 


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1 general management of, knowledge of, and extensive prac2 tical experience at the highest levels of financial manage3 ment in governmental or business entities and experience 

4 in the development, implementation, and operation of fi5 nancial management systems. Candidates shall not have 

6 served in a policy making or unclassified position of the 

7 Government of the Virgin Islands in the 10 years imme8 diately preceding appointment as Chief Financial Officer. 

9 (c) MEMBERSHIP.— 

10 (1) NUMBER AND APPOINTMENT.—The Com11 mission shall be composed of 9 members appointed 

12 not later than 30 days after the date of the enact13 ment of this Act. Persons appointed as members 

14 must have recognized business, government, or fi15 nancial expertise and experience, and shall be ap16 pointed as follows: 

17 (A) 1 individual appointed by the Governor 

18 of the Virgin Islands. 

19 (B) 1 individual appointed by the Presi20 dent of the Legislature of the Virgin Islands. 

21 (C) 1 individual, who is an employee of the 

22 Government of the Virgin Islands, appointed by 

23 the Central Labor Council of the Virgin Is24 lands. 


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1 (D) 1 individual appointed by the Chamber 

2 of Commerce of St. Thomas-St. John. 

3 (E) 1 individual appointed by the Chamber 

4 of Commerce of St. Croix. 

5 (F) 1 individual appointed by the Presi6 dent of the University of the Virgin Islands. 

7 (G) 1 individual appointed by the Chief 

8 Judge of the Virgin Islands Supreme Court. 

9 (H) 1 individual, who is a resident of St. 

10 John, jointly appointed by the At-Large Mem11 ber of the Legislature of the Virgin Islands and 

12 the St. John administrator. 

13 (I) 1 individual appointed by the Advocates 

14 for the Preservation of the Retirement System. 

15 (2) TERMS.— 

16 (A) IN GENERAL.—Each member shall be 

17 appointed for the life of the Commission. 

18 (B) VACANCIES.—A vacancy in the Com19 mission shall be filled in the manner in which 

20 the original appointment was made. Any mem21 ber appointed to fill a vacancy shall be ap22 pointed for the remainder of that term. 

23 (3) BASIC PAY.—Members shall serve without 

24 pay. 


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1 (4) QUORUM.—Five members of the Commis2 sion shall constitute a quorum. 

3 (5) CHAIRPERSON.— 

4 (A) IN GENERAL.—The Chairperson of the 

5 Commission shall be determined by a majority 

6 vote of the members of the Commission. 

7 (B) CHAIRPERSON PRO TEM.—Until the 

8 Commission elects a Chairperson under sub9 paragraph (A), the Chairperson pro tem shall 

10 be the individual appointed under paragraph 

11 (1)(G). 

12 (6) MEETINGS.— 

13 (A) IN GENERAL.—The Commission shall 

14 meet at the call of the Chairperson or the 

15 Chairperson pro tem. 

16 (B) INITIAL MEETING.—Not later than 15 

17 days after all members have been appointed 

18 under this subsection, the Commission shall 

19 have its initial meeting at the call of the Chair20 person pro tem. 

21 (7) GOVERNMENT EMPLOYMENT.—Members 

22 may not be current government employees, except 

23 for the member appointed under paragraph (1)(C). 

24 (d) REPORT; RECOMMENDATIONS.—The Commission 

25 shall transmit a report to the Governor and the Natural 


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1 Resources Committee of the House of Representatives and 

2 the Committee on Energy and Natural Resources of the 

3 Senate not later than 60 days after its first meeting. The 

4 report shall name the Commission’s recommendations for 

5 candidates for nomination as Chief Financial Officer of 

6 the Virgin Islands. 

7 (e) TERMINATION.—The Commission shall terminate 

8 210 days after its first meeting. 

9 SEC. 3. DEFINITIONS. 

10 For the purposes of this Act, the following definitions 

11 apply: 

12 (1) CHIEF FINANCIAL OFFICER.—In sections 1 

13 and 2, the term ‘‘Chief Financial Officer’’ means a 

14 Chief Financial Officer or Acting Chief Financial 

15 Officer, as the case may be, appointed under section 

16 1(a). 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Virgin Islands Chief Financial Officer 

19 Search Commission established pursuant to section 

20 2. 

21 (3) GOVERNOR.—The term ‘‘Governor’’ means 

22 the Governor of the Virgin Islands. 

23 (4) REMOVAL FOR CAUSE.—The term ‘‘removal 

24 for cause’’ means removal based upon misconduct, 

25 failure to meet job requirements, or any grounds 


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1 that a reasonable person would find grounds for dis2 charge. 

3 SEC. 4. NO ABROGATION OF POWERS. 

4 Nothing in this Act shall be construed to allow the 

5 Governor and Legislature of the Virgin Islands to dilute, 

6 delegate, or otherwise alter or weaken the powers and au7 thority of the Office of Management and Budget estab8 lished under the laws of the Virgin Islands. 

Æ 


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