IIB 
108TH CONGRESS 
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS-
LANDS. 
(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 Vir-
gin 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 Legisla-
ture of the Virgin Islands has not confirmed a nomi-
nee 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 ma-
jority vote, shall appoint from the names on the list 
submitted under section 2(d), an Acting Chief Fi-
nancial Officer to serve in that capacity until a Chief 
Financial Officer is appointed under the first sen-
tence of paragraph (1). In either case, if the Acting 
Chief Financial Officer serves in an acting capacity
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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 Manage-
ment and Budget established under the laws of the 
Virgin Islands shall be transferred to the Chief Fi-
nancial Officer. All employees of the Office of Man-
agement 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 Is-
lands, 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 ju-
risdiction of that head that the Chief Financial Offi-
cer considers required to carry out his or her func-
tions to the Chief Financial Officer. 
(c) DUTIES OF CHIEF FINANCIAL OFFICER.—The 
duties of the Chief Financial Officer shall include the fol-
lowing:
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(1) Assume the functions and authority of the 
office of the Office of Management and Budget es-
tablished 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 there-
after. Such reports shall be available to the public 
and shall be submitted to the Committee on Re-
sources in the House of Representatives and the 
Committee on Energy and Natural Resources in the 
Senate. 
(3) Each year certify spending limits of the an-
nual 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 manage-
ment, 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, trans-
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parency, 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 Man-
agement and Budget of the Virgin Islands shall—
(1) have the duties, salary (as specified in sub-
section (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 car-
rying out the duties of the Chief Financial Officer. 
(e) CONDITIONS RELATED TO CHIEF FINANCIAL OF-
FICER.—
(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
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by a Chief Financial Officer appointed with the ad-
vice and consent of the Legislature of the Virgin Is-
lands. 
(3) REPLACEMENT.—If the Chief Financial Of-
ficer is unable to continue acting in that capacity 
due to removal, illness, death, or otherwise, another 
Chief Financial Officer shall be selected in accord-
ance 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 FI-
NANCIAL OFFICER.—
(1) TERM; REMOVAL.—The Deputy Chief Fi-
nancial Officer shall serve at the pleasure of the 
Chief Financial Officer. 
(2) REPLACEMENT.—If the Deputy Chief Fi-
nancial 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