I 

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.

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 not later than 90 days after receiving the list 

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

5 from such list a Chief Financial Officer on an acting 

6 basis until the Legislature consents to a Chief Fi7 nancial 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 Secretary of the 

12 Interior shall appoint from the names on the list 

13 submitted under section 2(d), an Acting Chief Fi14 nancial Officer to serve in that capacity until a Chief 

15 Financial Officer is appointed under the first sen16 tence of paragraph (1). 

17 (b) TRANSFER OF FUNCTIONS.—

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

19 Chief Financial Officer under subsection (a), the 

20 functions of the Director of the Office of Manage21 ment and Budget established under the laws of the 

22 Virgin Islands shall be transferred to the Chief Fi23 nancial Officer. 

24 (2) DOCUMENTS PROVIDED.—The head of the 

25 Department of Finance of the Virgin Islands and 
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1 the head of the Internal Revenue Bureau of the Vir2 gin Islands shall provide all documents and informa3 tion under the jurisdiction of that head that the 

4 Chief Financial Officer considers required to carry 

5 out his or her functions to the Chief Financial Offi6 cer. 

7 (c) DEPUTY CHIEF FINANCIAL OFFICER.—Until the 

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

9 this Act, the position of the Director of the Office of Man10 agement and Budget of the Virgin Islands shall—

11 (1) have the duties, salary, and other conditions 

12 of the Deputy Chief Financial Officer in lieu of the 

13 duties, salary, and other conditions of the Director 

14 of the Office of Management and Budget of the Vir15 gin Islands as such functions existed before the ap16 pointment of the Chief Financial Officer; and 

17 (2) assist the Chief Financial Officer in car18 rying out the duties of the Chief Financial Officer. 

19 (d) CONDITIONS RELATED TO CHIEF FINANCIAL OF20 FICER.—

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

22 be appointed for a term of 5 years. 

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 selecting 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 ex12 ceed the rate of pay for a cabinet officer of the Gov13 ernment of the Virgin Islands. 

14 (e) CONDITIONS RELATED TO DEPUTY CHIEF FI15 NANCIAL OFFICER.—

16 (1) TERM; REMOVAL.—The Deputy Chief Fi17 nancial Officer shall serve at the pleasure of the 

18 Chief Financial Officer. 

19 (2) REPLACEMENT.—If the Deputy Chief Fi20 nancial Officer is unable to continue acting in that 

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

22 another person shall be selected by the Chief Finan23 cial Officer to serve as Deputy Chief Financial Offi24 cer. 
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1 (3) SALARY.—The Deputy Chief Financial Offi2 cer shall be paid at a salary to be determined by the 

3 Chief Financial Officer, except such rate may not 

4 exceed the rate of pay for a cabinet officer of the 

5 Government of the Virgin Islands. 

6 (f) RESUMPTION OF FUNCTIONS.—On the date that 

7 is 5 years after the date of the enactment of this Act, 

8 the functions of the Chief Financial Officer shall be trans9 ferred to the Director of the Office of Management and 

10 Budget of the Virgin Islands. 

11 (g) SUNSET.—This section shall cease to have effect 

12 after the date that is 5 years after the date of the enact13 ment of this Act. 

14 SEC. 2. ESTABLISHMENT OF COMMISSION. 

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the ‘‘Virgin Islands Chief Finan17 cial Officer Search Commission’’. 

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

19 recommend to the Governor 3 candidates for nomination 

20 as Chief Financial Officer of the Virgin Islands. Each can21 didate must be a certified public accountant and must 

22 have demonstrated ability in general management of, 

23 knowledge of, and extensive practical experience in large 

24 governmental or business entities. 

25 (c) MEMBERSHIP.—
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1 (1) NUMBER AND APPOINTMENT.—The Com2 mission shall be composed of 7 members appointed, 

3 not later than 30 days after the date of the enact4 ment of this Act, as follows: 

5 (A) 1 individual appointed by the Governor 

6 of the Virgin Islands. 

7 (B) 1 individual appointed by the Presi8 dent of the Legislature of the Virgin Islands. 

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

10 Government of the Virgin Islands, appointed by 

11 the Central Labor Council of the Virgin Is12 lands. 

13 (D) 1 individual appointed by the joint 

14 Chambers of Commerce of St. Thomas-St. John 

15 and St. Croix. 

16 (E) 1 individual appointed by the Presi17 dent of the University of the Virgin Islands. 

18 (F) 1 individual appointed by the Chief 

19 Judge of the Virgin Islands Territorial Court. 

20 (G) 1 individual, who is a resident of St. 

21 John, appointed by the At-Large Member of the 

22 Legislature of the Virgin Islands. 

23 (2) TERMS.—

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

25 appointed for the life of the Commission. 
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1 (B) VACANCIES.—A vacancy in the Com2 mission shall be filled in the manner in which 

3 the original appointment was made. Any mem4 ber appointed to fill a vacancy shall be ap5 pointed for the remainder of that term. 

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

7 pay. 

8 (4) QUORUM.—Five members of the Commis9 sion shall constitute a quorum. 

10 (5) CHAIRPERSON.—The Chairperson of the 

11 Commission shall be the Secretary of the Interior or 

12 his or her designee and shall serve as an ex officio 

13 member of the Commission. 

14 (6) MEETINGS.—The Commission shall meet at 

15 the call of the Chairperson. The Commission shall 

16 meet for the first time not later than 30 days after 

17 all members have been appointed under this sub18 section. 

19 (d) REPORT; RECOMMENDATIONS.—The Commission 

20 shall transmit a report to the Governor and the Secretary 

21 of the Interior not later than 60 days after its first meet22 ing. The report shall name the Commission’s recommenda23 tions for candidates for nomination as Chief Financial Of24 ficer of the Virgin Islands. If the Commission fails to 

25 make such recommendations within 60 days after its first 
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1 meeting, the Secretary of the Interior shall independently 

2 make these recommendations to the Governor not later 

3 than 90 days after the Commission’s first meeting. 

4 (e) TERMINATION.—The Commission shall terminate 

5 60 days after its first meeting. 

6 SEC. 3. FINANCIAL MANAGEMENT SYSTEM. 

7 Not later than 1 year after the date of the enactment 

8 of this Act, the Secretary of the Interior shall provide a 

9 financial management system, including appropriate com10 puter hardware and software, to the Government of the 

11 Virgin Islands. The financial management system shall be 

12 available to the Chief Financial Officer and, after the date 

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

14 Act, the Director of the Office of Management and Budget 

15 of the Virgin Islands, to assist the Chief Financial Officer 

16 or the Director of the Office of Management and Budget 

17 of the Virgin Islands, as the case may be, to carry out 

18 the official duties of that office. 

19 SEC. 4. DEFINITIONS. 

20 For the purposes of this Act, the following definitions 

21 apply: 

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

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

24 Chief Financial Officer or Acting Chief Financial 
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1 Officer, as the case may be, appointed under section 

2 1(a). 

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

4 means the Virgin Islands Chief Financial Officer 

5 Search Commission established pursuant to section 

6 2. 

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

8 the Governor of the Virgin Islands.

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