IIB 
112TH CONGRESS 
2D SESSION 
H. R. 3706 
IN THE SENATE OF THE UNITED STATES 
AUGUST 2, 2012 
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, and for other purposes. 
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) DUTIES OF CHIEF FINANCIAL OFFICER.—The 
duties of the Chief Financial Officer shall include the fol-
lowing: 
(1) Develop and 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. 
(2) Each year prepare and certify spending lim-
its of the annual budget, including annual estimates 
of all revenues of the territory without regard to 
sources, and whether or not the annual budget is 
balanced. 
(3) Revise and update 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. 
(c) DOCUMENTS PROVIDED.—The heads of each de-
partment of the Government of the Virgin Islands, in par-
ticular the head of the Department of Finance of the Vir-
gin Islands and the head of the Internal Revenue Bureau 
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of the Virgin Islands shall provide all documents and in-
formation 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. 
(d) 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 
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Financial Officer serving in any government or semi-
autonomous agency. 
(e) REFERENDUM.—As part of the closest regularly 
scheduled, islands-wide election in the Virgin Islands to 
the expiration of the fourth year of the five-year term of 
the Chief Financial Officer, the Board of Elections of the 
Virgin Islands shall hold a referendum to seek the ap-
proval of the people of the Virgin Islands regarding wheth-
er the position of Chief Financial Officer of the Govern-
ment of the Virgin Islands shall be made a permanent part 
of the executive branch of the Government of the Virgin 
Islands. The referendum shall be binding and conducted 
according to the laws of the Virgin Islands, except that 
the results shall be determined by a majority of the ballots 
cast. 
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-
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ment in governmental or business entities and must have 
experience in the development, implementation, and oper-
ation of financial management systems. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of eight members ap-
pointed not later than 30 days after the date of the 
enactment of this Act. Persons appointed as mem-
bers must have recognized business, government, or 
financial expertise and experience and shall be ap-
pointed as follows: 
(A) One individual appointed by the Gov-
ernor of the Virgin Islands. 
(B) One individual appointed by the Presi-
dent of the Legislature of the Virgin Islands. 
(C) One individual, who is an employee of 
the Government of the Virgin Islands, ap-
pointed by the Central Labor Council of the 
Virgin Islands. 
(D) One individual appointed by the 
Chamber of Commerce of St. Thomas-St. John. 
(E) One individual appointed by the Cham-
ber of Commerce of St. Croix. 
(F) One individual appointed by the Presi-
dent of the University of the Virgin Islands. 
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(G) One individual, who is a resident of St. 
John, appointed by the At-Large Member of the 
Legislature of the Virgin Islands. 
(H) One individual appointed by the Presi-
dent of AARP Virgin islands. 
(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 Justice of the Su-
preme Court of the United States Virgin Islands or 
the designee of the Chief Justice. The Chairperson 
shall serve as an ex officio member of the Commis-
sion 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 
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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). 
(d) REPORT; RECOMMENDATIONS.—The Commission 
shall transmit a report to the Governor, the Committee 
on Natural Resources 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. 
(e) TERMINATION.—The Commission shall terminate 
upon the nomination and confirmation of the Chief Finan-
cial Officer. 
SEC. 3. 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). 
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(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. 
Passed the House of Representatives August 1, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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