108TH CONGRESS
2D SESSION
H. R. 3589
AN ACT
To create the Office of Chief Financial Officer of
the Government of the Virgin Islands.
108TH CONGRESS
2D SESSION
H. R. 3589
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,
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
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:
(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-
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
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
the Virgin Islands to serve as Deputy Chief Finan-
cial Officer.
(3) SALARY.—The Deputy Chief Financial Offi-
cer 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 Of-
fice 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 trans-
ferred 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 enact-
ment of this Act.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Virgin Islands Chief Finan-
cial 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 Is-
lands. Each candidate must have demonstrated ability in
general management of, knowledge of, and extensive prac-
tical experience at the highest levels of financial manage-
ment in governmental or business entities and must have
experience in the development, implementation, and oper-
ation 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 Of-
ficer.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 9 members appointed
not later than 30 days after the date of the enact-
ment of this Act. Persons appointed as members
must have recognized business, government, or fi-
nancial expertise and experience and shall be ap-
pointed as follows:
(A) 1 individual appointed by the Governor
of the Virgin Islands.
(B) 1 individual appointed by the Presi-
dent 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 Is-
lands.
(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 Presi-
dent 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 Com-
mission shall be filled in the manner in which
the original appointment was made. Any mem-
ber appointed to fill a vacancy shall be ap-
pointed for the remainder of that term.
(3) BASIC PAY.—Members shall serve without
pay.
(4) QUORUM.—Five members of the Commis-
sion shall constitute a quorum.
(5) CHAIRPERSON.—The Chairperson of the
Commission shall be the Chief Judge of the Terri-
torial 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 sub-
section.
(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 Com-
mittee 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 can-
didates 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 Manage-
ment System, including appropriate computer hardware
and software, to the Government of the Virgin Islands.
Upon becoming available, the financial management sys-
tem shall be available to the Chief Financial Officer and,
after the date that is 5 years after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget of the Virgin Islands, to assist the Chief
Financial Officer or the Director of the Office of Manage-
ment 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 dis-
charge.
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 au-
thority of the Office of Management and Budget estab-
lished under the laws of the Virgin Islands.
Passed the House of Representatives September 22,
2004.
Attest:
Clerk.