dreamproit/uscode huggingface dataset:
48 U.S.C. § 2004 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2004. Administrative matters
(a) Administrative support
The Secretary of the Interior shall provide all necessary administrative support to accomplish the requirements of sections 2002 and 2003 of this title.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
(Pub. L. 99–239, title III, § 304, Jan. 14, 1986, 99 Stat. 1837.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out as a note under section 1681 of this title.
48 U.S.C. § 2101 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2101. Effective date
(a) In general
Except as provided in subsection (b), this chapter shall take effect on June 30, 2016.
(b) Subchapter III and Subchapter VI
(1) Subchapter III shall apply with respect to cases commenced under subchapter III on or after June 30, 2016.
(2) Subchapters III and VI shall apply with respect to debts, claims, and liens (as such terms are defined in section 101 of title 11) created before, on, or after such date.
(Pub. L. 114–187, § 2, June 30, 2016, 130 Stat. 550.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2022 Amendment
text: Pub. L. 117–82, § 1, Jan. 20, 2022, 136 Stat. 3, provided that: “This Act [enacting section 2178 of this title] may be cited as the ‘Puerto Rico Recovery Accuracy in Disclosures Act of 2021’ or ‘PRRADA’.”
heading: Short Title
text: Pub. L. 114–187, § 1(a), June 30, 2016, 130 Stat. 549, provided that: “This Act [enacting this chapter, amending sections 1469e and 1492a of this title, sections 632 and 644 of Title 15, Commerce and Trade, and section 206 of Title 29, Labor, and enacting provisions set out as a note under section 632 of Title 15] may be cited as the ‘Puerto Rico Oversight, Management, and Economic Stability Act’ or ‘PROMESA’.”
48 U.S.C. § 2102 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2102. Severability
(a) In general
Except as provided in subsection (b), if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby, provided that subchapter III is not severable from subchapters I and II, and subchapters I and II are not severable from subchapter III.
(b) Uniformity
If a court holds invalid any provision of this chapter or the application thereof on the ground that the provision fails to treat similarly situated territories uniformly, then the court shall, in granting a remedy, order that the provision of this chapter or the application thereof be extended to any other similarly situated territory, provided that the legislature of that territory adopts a resolution signed by the territory’s governor requesting the establishment and organization of a Financial Oversight and Management Board pursuant to section 2121 of this title.
(Pub. L. 114–187, § 3, June 30, 2016, 130 Stat. 550.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2103 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2103. Supremacy
The provisions of this chapter shall prevail over any general or specific provisions of territory law, State law, or regulation that is inconsistent with this chapter.
(Pub. L. 114–187, § 4, June 30, 2016, 130 Stat. 551.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2105 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2105. Placement
The Law Revision Counsel is directed to place this Act as chapter 20 of title 48.
(Pub. L. 114–187, § 6, June 30, 2016, 130 Stat. 553.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2106 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2106. Compliance with Federal laws
Except as otherwise provided in this chapter, nothing in this chapter shall be construed as impairing or in any manner relieving a territorial government, or any territorial instrumentality thereof, from compliance with Federal laws or requirements or territorial laws and requirements implementing a federally authorized or federally delegated program protecting the health, safety, and environment of persons in such territory.
(Pub. L. 114–187, § 7, June 30, 2016, 130 Stat. 553.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2125 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2125. Exemption from liability for claims
The Oversight Board, its members, and its employees shall not be liable for any obligation of or claim against the Oversight Board or its members or employees or the territorial government resulting from actions taken to carry out this chapter.
(Pub. L. 114–187, title I, § 105, June 30, 2016, 130 Stat. 561.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2126 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2126. Treatment of actions arising from chapter
(a) Jurisdiction
Except as provided in section 2124(f)(2) of this title (relating to the issuance of an order enforcing a subpoena), and subchapter III (relating to adjustments of debts), any action against the Oversight Board, and any action otherwise arising out of this chapter, in whole or in part, shall be brought in a United States district court for the covered territory or, for any covered territory that does not have a district court, in the United States District Court for the District of Hawaii.
(b) Appeal
Notwithstanding any other provision of law, any order of a United States district court that is issued pursuant to an action brought under subsection (a) shall be subject to review only pursuant to a notice of appeal to the applicable United States Court of Appeals.
(c) Timing of relief
Except with respect to any orders entered to remedy constitutional violations, no order of any court granting declaratory or injunctive relief against the Oversight Board, including relief permitting or requiring the obligation, borrowing, or expenditure of funds, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or (if appeal is taken) during the period before the court has entered its final order disposing of such action.
(d) Expedited consideration
It shall be the duty of the applicable United States District Court, the applicable United States Court of Appeals, and, as applicable, the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this chapter.
(e) Review of Oversight Board certifications
There shall be no jurisdiction in any United States district court to review challenges to the Oversight Board’s certification determinations under this chapter.
(Pub. L. 114–187, title I, § 106, June 30, 2016, 130 Stat. 562.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a), (d), and (e), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2128 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2128. Autonomy of Oversight Board
(a) In general
Neither the Governor nor the Legislature may—
(1) exercise any control, supervision, oversight, or review over the Oversight Board or its activities; or
(2) enact, implement, or enforce any statute, resolution, policy, or rule that would impair or defeat the purposes of this chapter, as determined by the Oversight Board.
(b) Oversight Board legal representation
In any action brought by, on behalf of, or against the Oversight Board, the Oversight Board shall be represented by such counsel as it may hire or retain so long as the representation complies with the applicable professional rules of conduct governing conflicts of interests.
(Pub. L. 114–187, title I, § 108, June 30, 2016, 130 Stat. 563.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2129 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2129. Ethics
(a) Conflict of interest
Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in section 208 of title 18.
(b) Financial disclosure
Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.).
(Pub. L. 114–187, title I, § 109, June 30, 2016, 130 Stat. 563.)
heading: Editorial Notes
heading: References in Text
text: Section 102 of the Ethics in Government Act of 1978, referred to in subsec. (b), is section 102 of Pub. L. 95–521, which is set out in the Appendix to Title 5, Government Organization and Employees.
48 U.S.C. § 2148 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2148. Required reports
(a) Annual report
Not later than 30 days after the last day of each fiscal year, the Oversight Board shall submit a report to the President, Congress, the Governor and the Legislature, describing—
(1) the progress made by the territorial government in meeting the objectives of this chapter during the fiscal year;
(2) the assistance provided by the Oversight Board to the territorial government in meeting the purposes of this chapter during the fiscal year;
(3) recommendations to the President and Congress on changes to this chapter or other Federal laws, or other actions of the Federal Government, that would assist the territorial government in complying with any certified Fiscal Plan;
(4) the precise manner in which funds allocated to the Oversight Board under section 2127 of this title and, as applicable, section 2124(e) of this title have been spent by the Oversight Board during the fiscal year; and
(5) any other activities of the Oversight Board during the fiscal year.
(b) Report on discretionary tax abatement agreements
Within six months of the establishment of the Oversight Board, the Governor shall submit a report to the Oversight Board documenting all existing discretionary tax abatement or similar tax relief agreements to which the territorial government, or any territorial instrumentality, is a party, provided that—
(1) nothing in this chapter shall be interpreted to limit the power of the territorial government or any territorial instrumentality to execute or modify discretionary tax abatement or similar tax relief agreements, or to enforce compliance with the terms and conditions of any discretionary tax abatement or similar tax relief agreement, to which the territorial government or any territorial instrumentality is a party; and
(2) the members and staff of the Oversight Board shall not disclose the contents of the report described in this subsection, and shall otherwise comply with all applicable territorial and Federal laws and regulations regarding the handling of confidential taxpayer information.
(c) Quarterly reports of cash flow
The Oversight Board, when feasible, shall report on the amount of cash flow available for the payment of debt service on all notes, bonds, debentures, credit agreements, or other instruments for money borrowed whose enforcement is subject to a stay or moratorium hereunder, together with any variance from the amount set forth in the debt sustainability analysis of the Fiscal Plan under section 2141(b)(1)(I) of this title.
(Pub. L. 114–187, title II, § 208, June 30, 2016, 130 Stat. 575.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1) to (3) and (b)(1), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2150 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2150. No full faith and credit of the United States
(a) In general
The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality.
(b) Subject to appropriations
Any claim to which the United States is determined to be liable under this chapter shall be subject to appropriations.
(c) Funding
No Federal funds shall be authorized by this chapter for the payment of any liability of the territory or territorial instrumentality.
(Pub. L. 114–187, title II, § 210, June 30, 2016, 130 Stat. 576.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2163 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2163. Reservation of territorial power to control territory and territorial instrumentalities
Subject to the limitations set forth in subchapters I and II of this chapter, this subchapter does not limit or impair the power of a covered territory to control, by legislation or otherwise, the territory or any territorial instrumentality thereof in the exercise of the political or governmental powers of the territory or territorial instrumentality, including expenditures for such exercise, but whether or not a case has been or can be commenced under this subchapter—
(1) a territory law prescribing a method of composition of indebtedness or a moratorium law, but solely to the extent that it prohibits the payment of principal or interest by an entity not described in section 109(b)(2) of title 11, may not bind any creditor of a covered territory or any covered territorial instrumentality thereof that does not consent to the composition or moratorium;
(2) a judgment entered under a law described in paragraph (1) may not bind a creditor that does not consent to the composition; and
(3) unlawful executive orders that alter, amend, or modify rights of holders of any debt of the territory or territorial instrumentality, or that divert funds from one territorial instrumentality to another or to the territory, shall be preempted by this chapter.
(Pub. L. 114–187, title III, § 303, June 30, 2016, 130 Stat. 579.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in par. (3), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
48 U.S.C. § 2170 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2170. Applicable rules of procedure
The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter.
(Pub. L. 114–187, title III, § 310, June 30, 2016, 130 Stat. 583.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy.
48 U.S.C. § 2191 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2191. Rules of construction
Nothing in this chapter is intended, or may be construed—
(1) to limit the authority of Congress to exercise legislative authority over the territories pursuant to Article IV, section 3 of the Constitution of the United States;
(2) to authorize the application of section 2124(f) of this title (relating to issuance of subpoenas) to judicial officers or employees of territory courts;
(3) to alter, amend, or abrogate any provision of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 et seq.); or
(4) to alter, amend, or abrogate the treaties of cession regarding certain islands of American Samoa (48 U.S.C. 1661).
(Pub. L. 114–187, title IV, § 401, June 30, 2016, 130 Stat. 585.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in par. (3), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
48 U.S.C. § 2192 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2192. Right of Puerto Rico to determine its future political status
Nothing in this chapter shall be interpreted to restrict Puerto Rico’s right to determine its future political status, including by conducting the plebiscite as authorized by Public Law 113–76.
(Pub. L. 114–187, title IV, § 402, June 30, 2016, 130 Stat. 586.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
Public Law 113–76, referred to in text, is Pub. L. 113–76, Jan. 17, 2014, 128 Stat. 5, known as the Consolidated Appropriations Act, 2014. Provisions relating to appropriations for a plebiscite on Puerto Rico’s future political status appear at 128 Stat. 61. For complete classification of this Act to the Code, see Tables.
48 U.S.C. § 2199 (TERRITORIES AND INSULAR POSSESSIONS)
§ 2199. Expansion of HUBZones in Puerto Rico
(a) Omitted
(b) Improving oversight
(1) Guidance
Not later than 270 days after June 30, 2016, the Administrator of the Small Business Administration shall develop and implement criteria and guidance on using a risk-based approach to requesting and verifying information from entities applying to be designated or recertified as qualified HUBZone small business concerns (as defined in section 632(p)(5) 1 of title 15).
(2) Assessment
Not later 1 year after the date on which the criteria and guidance described in paragraph (1) is implemented, the Comptroller General of the United States shall begin an assessment of such criteria and guidance. Not later than 6 months after beginning such an assessment, the Comptroller General shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that includes—
(A) an assessment of the criteria and guidance issued by the Administrator of the Small Business Administration in accordance with paragraph (1);
(B) an assessment of the implementation of the criteria and guidance issued by issued by 1 the Administrator of the Small Business Administration in accordance with paragraph (1);
(C) an assessment as to whether these measures have successfully ensured that only qualified HUBZone small business concerns are participating in the HUBZone program under section 657a of title 15;
(D) an assessment as to whether the reforms made by the criteria and guidance implemented under paragraph (1) have resulted in job creation in the Commonwealth of Puerto Rico; and
(E) recommendations on how to improve controls in the HUBZone program.
(Pub. L. 114–187, title IV, § 412, June 30, 2016, 130 Stat. 595.)
heading: Editorial Notes
heading: References in Text
text: Section 632(p)(5) of title 15, referred to in subsec. (b)(1), was redesignated as section 657a(b)(5) of Title 15, Commerce and Trade, by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795.
heading: Codification
text: Section is comprised of section 412 of Pub. L. 114–187. Subsec. (a)(1) of section 412 of Pub. L. 114–187 amended section 632 of Title 15, Commerce and Trade. Subsec. (a)(2) of section 412 of Pub. L. 114–187 enacted provisions set out as a note under section 632 of Title 15.