[Discussion Draft]

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[DISCUSSION DRAFT]

H. R. ll

114TH CONGRESS
2D SESSION

To establish an Oversight Board to assist the Government of Puerto Rico,

including instrumentalities, in managing its public finances, and for
other purposes.

IN THE HOUSE OF REPRESENTATIVES

Ml. llllll introduced the following bill; that was referred to the
Committee on llllllllllllll

A BILL
To establish an Oversight Board to assist the Government
of Puerto Rico, including instrumentalities, in managing
its public finances, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3
4

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.This Act may be cited as the

5 Puerto Rico Oversight, Management, and Economic Sta6 bility Act or PROMESA.
7

(b) TABLE

OF

CONTENTS.The table of contents of

8 this Act is as follows:

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2
Sec. 1. Short title; table of contents.
TITLE IESTABLISHMENT AND ORGANIZATION OF OVERSIGHT
BOARD
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.

Puerto Rico Financial Oversight and Management Board.

Location of the Oversight Boards office.
Executive Director and staff of Oversight Board.
Powers of Oversight Board.
Exemption from liability for claims.
Treatment of actions arising from Act.
Funding for operation of Oversight Board.
Reactivation of activities.
Application of laws of Puerto Rico to Oversight Board.

TITLE IIRESPONSIBILITIES OF OVERSIGHT BOARD

Subtitle AEstablishment and Enforcement of Fiscal Plan and Budget for
Government of Puerto Rico
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.

Sec. 205.
Sec. 206.
Sec. 207.
Sec. 208.
Sec. 209.

Development of budgets.
Oversight Board related to debt issuance and restructuring.
Development and approval of fiscal plans.
Review of activities of Government of Puerto Rico to ensure compliance with approved financial plan and budget.
Restrictions on borrowing by Puerto Rico during oversight year.
Effect of finding of noncompliance with financial plan and budget.
Recommendations on financial stability and management responsibility.
Oversight periods described.
Electronic Reporting.
Subtitle BIssuance of Bonds

Sec.
Sec.
Sec.
Sec.
Sec.

211.
212.
213.
214.
215.

Oversight Board to issue bonds.

Pledge of security interest in revenues of Government of Puerto Rico.
Establishment of debt service reserve fund.
Other requirements for issuance of bonds.
No full faith and credit of the United States.
Subtitle COther Duties of Oversight Board

Sec. 221. Duties of Oversight Board during year other than oversight year.
Sec. 222. General assistance in achieving financial stability and management
efficiency.
Sec. 223. Obtaining reports.
Sec. 224. Reports and comments.
TITLE IIIADJUSTMENTS OF DEBTS
Sec. 301. Applicability of other laws; definitions.
Sec. 302. Who may be a debtor.
Sec. 303. Reservation of territorial power to control territory and territorial instrumentalities.
Sec. 304. Petition and proceedings relating to petition.
Sec. 305. Jurisdiction; removal; appeals.
Sec. 306. Limitation on jurisdiction and powers of court.
Sec. 307. Venue.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

308.
309.
310.
311.
312.
313.
314.
315.
316.

Applicable rules of procedure.

Role and capacity of oversight board.
List of creditors.
Dismissal.
Leases.
Filing of plan of adjustment.
Modification of plan.
Confirmation.
Applicability.
TITLE IVMISCELLANEOUS PROVISIONS

Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

406.
407.
408.
409.
410.
411.

Sec. 412.
Sec. 413.

Legislature approval of certain contracts.

Report by Oversight Board.
Definitions.
Rules of construction.
Expedited submission and approval of consensus Fiscal Plan and
Budget.
Amendment.
Severability.
Right of Puerto Rico to determine its future political status.
First minimum wage in Puerto Rico.
Application of regulation to Puerto Rico.
Land conveyance authority, Vieques National Wildlife Refuge,
Vieques Island.
Study and reports regarding Puerto Rico public pension plans.
Automatic stay upon enactment.
TITLE VPUERTO RICO REVITALIZATION ACT

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

501.
502.
503.
504.
505.
506.
507.
508.
509.

Definitions.
Position of revitalization coordinator.
Critical projects.
Miscellaneous provisions.
Federal agency requirements.
Judicial review.
Supremacy.
Severability.
Intervention in litigation.

TITLE IESTABLISHMENT AND

ORGANIZATION
OF
OVERSIGHT BOARD

SEC. 101. PUERTO RICO FINANCIAL OVERSIGHT AND MAN-

1
2

5
6

AGEMENT BOARD.

(a) ESTABLISHMENT.Pursuant to article IV, sec-

7 tion 3 of the Constitution of the United States, which pro8 vides Congress the power to dispose of and make all needf:\VHLC\032916\032916.123.xml
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1 ful rules and regulations for territories, which include the
2 Commonwealth of Puerto Rico, there is hereby established
3 the Puerto Rico Financial Oversight and Management
4 Board, consisting of members, appointed by the President
5 in accordance with subsection (b). Subject to the condi6 tions described in section 108 and except as otherwise pro7 vided in this Act, the Oversight Board is established as
8 an entity within the Government of Puerto Rico, and is
9 not established as a department, agency, establishment,
10 or instrumentality of the United States Government.
11

(b) MEMBERSHIP.

12

(1) IN

Oversight Board shall

13

consist of 5 members appointed by the President

14

who meet the qualifications described in subsection

15

(c), except that the Oversight Board may take any

16

action under this Act (or any amendments made by

17

this Act) at any time after the President has ap-

18

pointed 3 of its members, subject to the provision

19

that a majority of members of the Oversight Boards

20

full membership of 5 members voting in the affirma-

21

tive shall be required in order for the Oversight

22

Board to conduct its business pursuant to subsection

23

(e)(2).

24
25

(2)

16:08 Mar 29, 2016

APPOINTED

MEMBERS.The

President

shall appoint the individual members of the Over-

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sight Board, of which two individuals shall be se-

lected from among a list of individuals submitted by

the Speaker of the House of Representatives; and

two shall be selected from among a list submitted by

the majority leader of the Senate. Of the two indi-

viduals to be selected from among a list of individ-

uals submitted by the Speaker of the House of Rep-

resentatives, one shall maintain a primary residence

in Puerto Rico or have a primary place of business

10

in Puerto Rico.

11

(3) EX

Secretary of

12

the Treasury and the Governor of the Common-

13

wealth of Puerto Rico, or their designees, shall be ex

14

officio members of the Oversight Board without vot-

15

ing rights.

16

(4) CHAIR.The members of the Oversight

17

Board shall designate one of the members of the

18

Oversight Board as the Chair of the Oversight

19

Board (referred to hereafter in this title as the

20

Chair).

21

(5) TERM

22

OF SERVICE.

(A) IN

GENERAL.Except

as provided in

23

subparagraph (B), each member of the Over-

24

sight Board shall be appointed for a term of 3

25

years.

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(B) APPOINTMENT

FOR TERM FOLLOWING

INITIAL TERM.As

at the time of appointment for the term imme-

diately following the initial term

designated by the President

(i) 1 member shall be appointed for a

term of 1 year;

(ii) 2 members shall be appointed for

a term of 2 years; and

(iii) 2 members shall be appointed for

10

a term of 3 years.

11

(C) REMOVAL.The President may re-

12

move any member of the Oversight Board only

13

for cause.

14

(D) CONTINUATION

OF

SERVICE

UNTIL

15

SUCCESSOR APPOINTED.Upon

16

of a term of office, a member of the Oversight

17

Board may continue to serve until a successor

18

has been appointed.

19

(c) QUALIFICATIONS

FOR

the expiration

MEMBERSHIP.An indi-

20 vidual meets the qualifications for membership on the

21 Oversight Board if the individual
22

(1) has knowledge and expertise in finance,

23

management, law, or the organization or operation

24

of business or government;

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(2) does not provide goods or services to the

Government of Puerto Rico (and is not the spouse,

parent, child, or sibling of an individual who pro-

vides goods and services to the Government of Puer-

to Rico);

(3) is not an officer, elected official, except as

provided in section 101(b)(2), or employee of the

Government of Puerto Rico or a candidate for elect-

ed office of the Government of Puerto Rico; and

10

(4) does not have any other conflict of inter-

11

est, including ownership of any debt securities of

12

Puerto Rico.

13

(d) NO COMPENSATION

FOR

SERVICE.Members of

14 the Oversight Board shall serve without pay, but may re15 ceive reimbursement for any reasonable and necessary ex16 penses incurred by reason of service on the Oversight
17 Board.
18
19

(e) ADOPTION
NESS OF

20

BYLAWS

FOR

CONDUCTING BUSI-

OVERSIGHT BOARD.
(1) IN

GENERAL.As

soon as practicable after

21

the appointment of its members, the Oversight

22

Board shall adopt bylaws, rules, and procedures gov-

23

erning its activities under this Act, including proce-

24

dures for hiring experts and consultants. Such by-

25

laws, rules, and procedures shall be public docu-

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1

ments, and shall be submitted by the Oversight

Board upon adoption to the Governor, the Legisla-

ture, the President, and Congress. The Oversight

Board may hire professionals as it determines to be

necessary to carry out this subsection.

(2) ACTIVITIES

REQUIRING APPROVAL OF MA-

JORITY OF MEMBERS.Under

pursuant to paragraph (1), the Oversight Board

may conduct its operations under such procedures as

10

it considers appropriate, except that an affirmative

11

vote of a majority of the members of the Oversight

12

Boards full membership of 5 members shall be re-

13

quired in order for the Oversight Board to conduct

14

its business.

15

(3) ADOPTION

the bylaws adopted

OF RULES AND REGULATIONS OF

16

PUERTO RICO.The

17

porate in its bylaws, rules, and procedures under

18

this subsection such rules and regulations of the

19

Government of Puerto Rico as it considers appro-

20

priate to enable it to carry out its activities under

21

this Act with the greatest degree of independence

22

practicable.

Oversight Board may incor-

23

SEC. 102. LOCATION OF THE OVERSIGHT BOARDS OFFICE.

24

The Oversight Board shall have offices in San Juan,

25 Puerto Rico, and Washington, DC.

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SEC. 103. EXECUTIVE DIRECTOR AND STAFF OF OVERSIGHT

BOARD.

(a) EXECUTIVE DIRECTOR.The Oversight Board

4 shall have an Executive Director who shall be appointed

5 by the Chair with the consent of the Oversight Board. The
6 Executive Director shall be paid at a rate determined by
7 the Oversight Board.
8

(b) STAFF.With the approval of the Chair, the Ex-

9 ecutive Director may appoint and fix the pay of additional

10 personnel as the Executive Director considers appropriate,
11 except that no individual appointed by the Executive Di12 rector may be paid at a rate greater than the rate of pay
13 for the Executive Director unless the Oversight Board pro14 vides for otherwise. Such personnel may include private
15 citizens, employees of the Federal Government, or employ16 ees of the Government of Puerto Rico.
17
18

(c) INAPPLICABILITY
AND

CERTAIN EMPLOYMENT

PROCUREMENT LAWS.

19

(1) CIVIL

SERVICE LAWS.The

Executive Di-

20

rector and staff of the Oversight Board may be ap-

21

pointed without regard to the provisions of title 5,

22

United States Code, governing appointments in the

23

competitive service, and paid without regard to the

24

provisions of chapter 51 and subchapter III of chap-

25

ter 53 of that title relating to classification and Gen-

26

eral Schedule pay rates.

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(2) PUERTO

RICO EMPLOYMENT AND PROCURE-

MENT LAWS.The

the Oversight Board may be appointed and paid

without regard to any provision of the laws of Puer-

to Rico governing appointments and salaries. Any

provision of the laws of Puerto Rico governing pro-

curement shall not apply to the Oversight Board.

(d) STAFF

OF

Executive Director and staff of

FEDERAL AGENCIES.Upon request

9 of the Chair, the head of any Federal department or agen10 cy may detail, on a reimbursable or nonreimbursable basis,
11 any of the personnel of that department or agency to the
12 Oversight Board to assist it in carrying out its duties
13 under this Act.
14

(e) STAFF

OF

GOVERNMENT

OF

PUERTO RICO.

15 Upon request of the Chair, the head of any department

16 or agency of the Government of Puerto Rico, may detail,
17 on a reimbursable or nonreimbursable basis, any of the
18 personnel of that department or agency to the Oversight
19 Board to assist it in carrying out its duties under this
20 Act.
21

(f) PRESERVATION

22 OTHER RIGHTS

OF

OF

RETIREMENT

AND

CERTAIN

FEDERAL EMPLOYEES WHO BECOME

23 EMPLOYED BY THE OVERSIGHT BOARD.

24
25

(1) IN

16:08 Mar 29, 2016

Federal employee who

becomes employed by the Oversight Board

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(A) may elect, for the purposes set forth in

paragraph (2)(A), to be treated, for so long as

that individual remains continuously employed

by the Oversight Board, as if such individual

had not separated from service with the Federal

Government, subject to paragraph (3); and

(B) shall, if such employee subsequently

becomes reemployed by the Federal Govern-

ment, be entitled to have such individuals serv-

10

ice with the Oversight Board treated, for pur-

11

poses of determining the appropriate leave ac-

12

crual rate, as if it had been service with the

13

Federal Government.

14

(2) EFFECT

election

15

made by an individual under the provisions of para-

16

graph (1)(A)

17

(A) shall qualify such individual for the

18

treatment described in such provisions for pur-

19

poses of

20

(i) chapter 83 or 84 of title 5, United

21

States Code, as appropriate (relating to re-

22

tirement), including the Thrift Savings

23

Plan;

24

(ii) chapter 87 of such title (relating

25

to life insurance); and

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(iii) chapter 89 of such title (relating

to health insurance); and

(B) shall disqualify such individual, while

such election remains in effect, from partici-

pating in the programs offered by the Govern-

ment of Puerto Rico (if any) corresponding to

the respective programs referred to in subpara-

graph (A).

(3) CONDITIONS

10

FECTIVE.An

11

paragraph (1)(A) shall be ineffective unless

election made by an individual under

12

(A) it is made before such individual sepa-

13

rates from service with the Federal Govern-

14

ment; and

15

(B) such individuals service with the Over-

16

sight Board commences within 3 days after so

17

separating (not counting any holiday observed

18

by the Government of Puerto Rico).

19

(4) CONTRIBUTIONS.If an individual makes

20

an election under paragraph (1)(A), the Oversight

21

Board shall, in accordance with applicable provisions

22

of law referred to in paragraph (2)(A), be respon-

23

sible for making the same deductions from pay and

24

the same agency contributions as would be required

25

if it were a Federal agency.

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(5) REGULATIONS.Any regulations necessary

to carry out this subsection shall be prescribed in

consultation with the Oversight Board by

(A) the Office of Personnel Management,

to the extent that any program administered by

the office is involved;

(B) the appropriate office or agency of the

Government of Puerto Rico, to the extent that

any program administered by such office or

10

agency is involved; and

11

(C) the Executive Director referred to in

12

section 8474 of title 5, United States Code, to

13

the extent that the Thrift Savings Plan is in-

14

volved.

15

(g) FEDERAL BENEFITS FOR OTHERS.

16

(1) IN

17

Management,

18

responding office or agency of the Government of

19

Puerto Rico and in consultation with the Oversight

20

Board, shall prescribe regulations under which any

21

individual who becomes employed by the Oversight

22

Board (under circumstances other than as described

23

in subsection (f)) may elect either

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in

conjunction

Office of Personnel
with

each

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(A) to be deemed a Federal employee for

purposes of the programs referred to in sub-

section (f)(2)(A) (i)(iii); or

(B) to participate in 1 or more of the cor-

responding programs offered by the Govern-

ment of Puerto Rico.

(2) EFFECT

individual

who elects the option under subparagraph (A) or (B)

of paragraph (1) shall be disqualified, while such

10

election remains in effect, from participating in any

11

of the programs referred to in the other such sub-

12

paragraph.

13

(3) DEFINITION

OF

CORRESPONDING

OFFICE

14

OR AGENCY.For

15

term corresponding office or agency of the Govern-

16

ment of Puerto Rico means, with respect to any

17

program administered by the Office of Personnel

18

Management, the office or agency responsible for ad-

19

ministering the corresponding program (if any) of-

20

fered by the Government of Puerto Rico.

21

(4) THRIFT

purposes of paragraph (1), the

SAVINGS PLAN.To

the extent that

22

the Thrift Savings Plan is involved, the preceding

23

provisions of this subsection shall be applied by sub-

24

stituting the Executive Director referred to in sec-

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tion 8474 of title 5, United States Code for the

Office of Personnel Management.

3
4

SEC. 104. POWERS OF OVERSIGHT BOARD.

(a) HEARINGS AND SESSIONS.The Oversight Board

5 may, for the purpose of carrying out this Act, hold hear6 ings, sit and act at times and places, take testimony, and
7 receive evidence as the Oversight Board considers appro8 priate. The Oversight Board may administer oaths or af9 firmations to witnesses appearing before it.
10

(b) POWERS OF MEMBERS AND AGENTS.Any mem-

11 ber or agent of the Oversight Board may, if authorized

12 by the Oversight Board, take any action that the Over13 sight Board is authorized to take by this section.
14

(c) OBTAINING OFFICIAL DATA.

15

(1) FROM

16

standing sections 552 (commonly known as the

17

Freedom of Information Act), 552a (the Privacy Act

18

of 1974), and 552b (the Government in the Sun-

19

shine Act) of title 5, United States Code, the Over-

20

sight Board may secure directly from any depart-

21

ment or agency of the United States information

22

necessary to enable it to carry out this Act, with the

23

approval of the head of that department or agency.

24
25

(2) FROM

16:08 Mar 29, 2016

GOVERNMENT OF PUERTO RICO.

Notwithstanding any other provision of law, the

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1

Oversight Board shall have the right to secure cop-

ies, whether written or electronic, of such records,

documents, information, data, or metadata from any

entity of the Government of Puerto Rico necessary

to enable the Oversight Board to carry out its re-

sponsibilities under this Act. At the request of the

Oversight Board, the Oversight Board shall be

granted direct access to such information systems,

records, documents or information or data as will

10

enable the Oversight Board to carry out its respon-

11

sibilities under this Act. The head of the entity of

12

Government of Puerto Rico responsible shall provide

13

the Oversight Board with such information and as-

14

sistance (including granting the Oversight Board di-

15

rect access to automated or other information sys-

16

tems) as the Oversight Board requires under this

17

paragraph.

18

(d) GIFTS, BEQUESTS,

AND

DEVISES.The Over-

19 sight Board may accept, use, and dispose of gifts, be20 quests, or devises of services or property, both real and
21 personal, for the purpose of aiding or facilitating the work
22 of the Oversight Board. Gifts, bequests, or devises of
23 money and proceeds from sales of other property received
24 as gifts, bequests, or devises shall be deposited in such
25 account as the Oversight Board may establish and shall

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1 be available for disbursement upon order of the Chair,
2 consistent with the Oversight Boards by-laws, or rules
3 and procedures.
4

(e) SUBPOENA POWER.

(1) IN

Oversight Board may

issue subpoenas requiring the attendance and testi-

mony of witnesses and the production of books,

records, correspondence, memoranda, papers, docu-

ments, electronic files, metadata, tapes, and mate-

10

rials of any nature relating to any matter under in-

11

vestigation by the Oversight Board. The attendance

12

of witnesses and the production of such materials

13

may be required from any place within the United

14

States at any designated place of hearing within the

15

United States.

16

(2) FAILURE

TO OBEY A SUBPOENA.If

a per-

17

son refuses to obey a subpoena issued under para-

18

graph (1), the Oversight Board may apply to the

19

United States District Court for the District of

20

Puerto Rico for an order requiring that person to

21

appear before the Oversight Board to give testi-

22

mony, produce evidence, or both, relating to the

23

matter under investigation. Any failure to obey the

24

order of the court may be punished by the court as

25

civil contempt.

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1

(3) SERVICE

OF SUBPOENAS.The

subpoena of

the Oversight Board shall be served in the manner

provided for subpoenas issued by the district courts

under the Federal Rules of Civil Procedure.

(f) ADMINISTRATIVE SUPPORT SERVICES.Upon the

6 request of the Oversight Board, the Administrator of the

7 U.S. General Services Administration shall promptly pro8 vide to the Oversight Board, on a reimbursable basis, the
9 administrative support services necessary for the Over10 sight Board to carry out its responsibilities under this Act.
11
12

(g) OVERSIGHT BOARD TO ENTER INTO CONTRACTS.The

Executive Director may enter into such

13 contracts as the Executive Director considers appropriate

14 (subject to the approval of the Chair) consistent with the
15 Oversight Boards by-laws, rules, and regulations to carry
16 out the Oversight Boards responsibilities under this Act.
17

(h) OVERSIGHT BOARD

TO

ENFORCE CERTAIN

18 PUERTO RICO LAWS.The Oversight Board shall ensure

19 the purposes of this Act are met including by prompt en20 forcement of the laws of Puerto Rico prohibiting public
21 sector employees from participating in a strike or lock out
22 (3 L.P.R.A. 1451q and 3 L.P.R.A. 1451r).
23

(i) VOLUNTARY AGREEMENT CERTIFICATION.If

24 the Oversight Board determines, in its sole discretion, that

25 the government of Puerto Rico has consummated a vol-

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19
1 untary agreement with holders of its debt to restructure
2 such debt for the Government of Puerto Rico and is in
3 conformance with the applicable certified/approved fis4 cal plan
5

(1) the Oversight Board shall certify to the

Government of Puerto Rico that the voluntary

agreement provides for a sustainable level of debt

and is in conformance with the applicable certified/

approved fiscal plan; and

10

(2) the effectiveness of any such voluntary

11

agreement must be conditioned on the Oversight

12

Board delivering the certification described in para-

13

graph (1).

14

(j) RESTRUCTURING FILINGS.Prior to any action

15 taken on behalf of a debtor or potential debtor in a case

16 under title III, the Oversight Board must certify the filing
17 of a petition and the submission of a plan of adjustment,
18 or any modifications, provided that such plan of adjust19 ment, or any modifications, is consistent with the applica20 ble fiscal plan.
21

(k) CIVIL ACTIONS TO ENFORCE POWERS.The

22 Oversight Board may seek judicial enforcement of its au23 thority to carry out its responsibilities under this Act.
24

(l) PENALTIES.

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1

(1) ACTS

officer or em-

ployee of the Government of Puerto Rico who pre-

pares, presents, or certifies any information or re-

port for the Board or any of its agents that is inten-

tionally false or misleading, or, upon learning that

any such information is false or misleading, fails to

immediately advise the Board or its agents thereof

in writing shall be guilty of a misdemeanor, and

shall be fined not more than $1,000.

10

(2) ADMINISTRATIVE

DISCIPLINE.In

addition

11

to any other applicable penalty, any officer or em-

12

ployee of the Government of Puerto Rico who know-

13

ingly and willfully violates paragraph (1) or takes

14

any such action in violation of any valid order of the

15

Oversight Board or fails or refuses to take any ac-

16

tion required by any such order, shall be subject to

17

appropriate

18

(when appropriate) suspension from duty without

19

pay or removal from office by order of either the

20

Governor or Oversight Board.

administrative

discipline,

including

21

(3) REPORT

22

ACTIONS TAKEN.In

23

graph (1) by an officer or employee of the Govern-

24

ment of Puerto Rico, the Governor shall immediately

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BY GOVERNOR ON DISCIPLINARY

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1

report to the Board all pertinent facts together with

a statement of the action taken thereon.

SEC. 105. EXEMPTION FROM LIABILITY FOR CLAIMS.

The Oversight Board, its members, and its employees

5 may not be liable for any obligation of or claim against

6 the Oversight Board or its members or employees or the
7 Government of Puerto Rico resulting from actions taken
8 to carry out this Act.
9
10
11

SEC. 106. TREATMENT OF ACTIONS ARISING FROM ACT.

(a) JURISDICTION ESTABLISHED

TRICT FOR

DISTRICT

OF

IN

JUDICIAL DIS-

COLUMBIA.Except as pro-

12 vided in section 104(e)(2) (relating to the issuance of an

13 order enforcing a subpoena), and title III (relating to ad14 justments of debts), any action against the Oversight
15 Board or any action otherwise arising out of this Act, in
16 whole or in part, shall be brought in the United States
17 District Court for the District of Columbia.
18

(b) PROMPT APPEAL.

19

(1) COURT

any

20

other provision of law, any order of the United

21

States District Court for the District of Columbia

22

that is issued pursuant to an action brought under

23

subsection (a) shall be reviewable only pursuant to

24

a notice of appeal to the United States Court of Ap-

25

peals for the District of Columbia Circuit.

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22
1

(2) SUPREME

COURT.Notwithstanding

any

other provision of law, upon acceptance of a writ of

certiorari and review by the Supreme Court of the

United States of a decision of the court of appeals

that is issued pursuant to paragraph (1) may be had

only if the petition for such review is filed within 10

days after the entry of such decision.

(c) TIMING

OF

RELIEF.No order of any court

9 granting declaratory or injunctive relief against the Over10 sight Board, including relief permitting or requiring the
11 obligation, borrowing, or expenditure of funds, shall take
12 effect during the pendency of the action before such court,
13 during the time appeal may be taken, or (if appeal is
14 taken) during the period before the court has entered its
15 final order disposing of such action.
16

(d) EXPEDITED CONSIDERATION.It shall be the

17 duty of the United States District Court for the District

18 of Columbia, the United States Court of Appeals for the
19 First Circuit, the United States Court of Appeals for the
20 District of Columbia Circuit, and the Supreme Court of
21 the United States to advance on the docket and to expe22 dite to the greatest possible extent the disposition of any
23 matter brought under this Act.

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23
1

SEC.

107.

FUNDING

2
3

FOR

OPERATION

OF

OVERSIGHT

BOARD.

(a) FUNDING.The Oversight Board may use its

4 powers with respect to the budget of the Government of

5 Puerto Rico to ensure that sufficient funds are available
6 to cover all expenses of the Oversight Board. If the Over7 sight Board elects to do so
8

(1) The Oversight Board shall submit to the

Governor and the Legislature a report describing the

10

use of funds described in subsection (a) as a part of

11

the budget appropriations process of the Govern-

12

ment of Puerto Rico.

13

(2) The Government of Puerto Rico shall des-

14

ignate a dedicated funding source, not subject to

15

subsequent legislative appropriations, sufficient to

16

support the annual expenses of the Oversight Board

17

as determined in the Oversight Boards sole and ex-

18

clusive discretion.

19

(b) ISSUANCE

OF

BONDS.To the extent feasible,

20 the Oversight Board shall, in the name of the Common21 wealth of Puerto Rico, issue bonds or other loan inden22 tures in amounts and maturities sufficient to fund the ac23 tivities of the Oversight Board for a period of not less than
24 5 years. The Oversight Board shall prepare a business
25 plan and budget, as well as any other documentation nec-

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24
1 essary to raise funds in the capital markets for the Over2 sight Boards purposes.
3

(c) APPROPRIATIONS.There is appropriated by the

4 Congress the sum of $lllll for the purposes of hir5 ing professionals to assist in the organization of the Over6 sight Board and the process of establishing a funding
7 source for the Oversight Boards activities pursuant to
8 subsections (a), (b), or (d), to remain available until ex9 pended. Upon establishing a funding source pursuant to
10 subsections (a), (b), or (d), the Oversight Board shall re11 imburse the general fund of the United States Treasury
12 the sum of money appropriated pursuant to this sub13 section.
14

(d) USE

OF

INTEREST

ON

ACCOUNTS

FOR

PUERTO

15 RICO.
16

(1) IN

any other

17

provision of this Act, the Oversight Board may

18

transfer or otherwise expend any amounts derived

19

from interest earned on accounts held by the Over-

20

sight Board on behalf of Puerto Rico for such pur-

21

poses as it considers appropriate.

22

(2) SPENDING

NOT SUBJECT TO APPROPRIA-

23

TION BY CONGRESS.Any

24

otherwise expended pursuant to paragraph (1) may

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25
1

be obligated or expended without approval by an Act

of Congress.

(e) BUDGET.The Oversight Board shall develop an

4 annual budget for each fiscal year starting with fiscal year
5 2018 and submit such budget to the House of Representa6 tives Committee on Natural Resources and the Senate
7 Committee on Energy and Natural Resources.
8
9

SEC. 108. REACTIVATION OF ACTIVITIES.

Upon receiving notice from the Chair of the Com-

10 mittee on Natural Resources of the House of Representa11 tives and the Chair of the Committee on Energy and Nat12 ural Resources of the Senate that an oversight period has
13 been initiated (as described in section 209) at any time
14 after the Oversight Board suspends its activities under
15 subsection (a), the President shall appoint members of the
16 Oversight Board, pursuant to section 101(b), and the
17 Oversight Board shall carry out activities under this Act,
18 in the same manner as the President appointed members
19 and the Oversight Board carried out activities prior to
20 such suspension.
21

SEC. 109. APPLICATION OF LAWS OF PUERTO RICO TO

22
23

OVERSIGHT BOARD.

(a) IN GENERAL.Neither the Governor nor the

24 Legislature may

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26
1

(1) exercise any control, supervision, oversight,

or review over the Oversight Board or its activities;

or

(2) enact or implement any Act, resolution, pol-

icy or rule with respect to the Oversight Board or

its activities.

(b) OVERSIGHT BOARD NOT SUBJECT

RESENTATION BY THE

TO

SECRETARY

OF

JUSTICE

TO

REP-

OF

PUER-

RICO.In any action brought by or on behalf of the

10 Oversight Board, and in any action brought by the Over11 sight Board, the Oversight Board shall be represented by
12 such counsel as it may select, but in no instance may it
13 be represented by the Secretary of Justice of Puerto Rico.

19

TITLE IIRESPONSIBILITIES OF
OVERSIGHT BOARD
Subtitle AEstablishment and Enforcement of Fiscal Plan and
Budget for Government of Puerto Rico

20

SEC. 201. DEVELOPMENT OF BUDGETS.

21

(a) REASONABLE SCHEDULE

14
15
16
17
18

FOR

DEVELOPMENT

OF

22 BUDGETS.As soon as practicable after at least 3 mem23 bers have been appointed to the Oversight Board in the
24 fiscal year in which the Oversight Board is established and
25 in each fiscal year thereafter during which the Oversight

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27
1 Board is in existence, the Oversight Board shall deliver
2 a notice to the Governor and the legislature providing a
3 schedule for developing, submitting, approving, and certi4 fying Budgets for a period of fiscal years as determined
5 by the Oversight Board, in its sole discretion, but in any
6 case a period of not less than one fiscal year following
7 the fiscal year in which the notice is delivered. The notice
8 may also set forth a schedule for revisions to budgets that
9 have already been certified, which revisions must be sub10 ject to subsequent approval and certification by the Over11 sight Board. The Oversight Board shall consult with the
12 Governor and the Legislature in establishing a schedule,
13 but the Oversight Board shall retain sole discretion to set
14 or, in the future by delivery of a subsequent notice to the
15 Governor and the Legislature, change the dates of such
16 schedule as it deems appropriate and reasonably feasible.
17

(b) REVENUE FORECAST.The Governor and Legis-

18 lature shall submit to the Oversight Board a forecast of

19 revenues for the following fiscal year(s) to be used in de20 veloping the Budgets by the time specified in the notice
21 delivered under subsection (a).
22

(c) BUDGETS DEVELOPED BY GOVERNOR.

23

(1) GOVERNORS

24

as provided in paragraph (3) the Governor shall sub-

25

mit to the Oversight Board proposed Budgets by the

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1

time specified in the notice delivered under sub-

section (a). In consultation with the Governor in ac-

cordance with the process specified in the notice de-

livered under subsection (a), the Oversight Board

shall determine, in its sole discretion, whether each

proposed Budget is compliant with the applicable

Fiscal Plan and

(A) if a proposed Budget is a compliant

budget the Oversight Board shall

10

(i) approve the Budget; and

11

(ii) submit the Budget to the Legisla-

12

ture; or

13

(B) if the Oversight Board determines that

14

the Budget is not a compliant Budget, the

15

Oversight Board shall provide to the Gov-

16

ernor

17

(i) a notice of violation that includes

18

a description of any necessary corrective

19

action; and

20

(ii) an opportunity to correct the vio-

21

lation.

22

(2) GOVERNORS

Governor

23

may correct any violations identified by the Over-

24

sight Board and resubmit a revised Budget to the

25

Oversight Board in accordance with paragraph (1).

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1

If the Governor is not able to develop a Budget that

the Oversight Board determines is a complaint

Budget by the time specified in the notice delivered

under subsection (a), the Oversight Board shall de-

velop and submit to the Governor and the Legisla-

ture a revised compliant budget. The Governor may

submit as many revised Budgets to the Oversight

Board as the schedule established in the notice deliv-

ered under subsection (a) allows.

10

(3) TRANSITION

11

(A) Notwithstanding sections 201(b)(2)

12

and 201(c), the revenue and expenditure esti-

13

mates in a Budget developed for the fiscal year

14

immediately after the fiscal year in which the

15

Oversight Board is established is not required

16

to be in conformance with modified accrual ac-

17

counting standards and, as a result, a Budget

18

developed for such fiscal year is not required to

19

be a compliant Budget.

20

(B) During the fiscal year in which the

21

Oversight Board is established the Oversight

22

Board shall have sole discretion in determining

23

whether a Budget is acceptable and, once it de-

24

termines that a Budget developed for the fol-

25

lowing fiscal year(s) in accordance with the

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30
1

process set forth in paragraph (1) and sub-

section (a), as modified by this paragraph, is

acceptable, the Oversight Board shall approve

such Budget and submit such Budget to the

Legislature.

(d) BUDGET APPROVAL BY LEGISLATURE.

(1) LEGISLATURE

BUDGET.The

Legislature shall submit to the Oversight Board the

Budget adopted by the Legislature by the time spec-

10

ified in the notice delivered under subsection (a).

11

The Oversight Board shall determine whether the

12

adopted Budget is a compliant Budget and

13

(A) if the adopted Budget is a compliant

14

budget, the Oversight Board shall issue a com-

15

pliance certification for such compliant Budget

16

pursuant to subsection (e); and

17

(B) if the adopted Budget is not a compli-

18

ant Budget, the Oversight Board shall provide

19

to the Legislature

20

(i) a notice of violation that includes

21

a description of any necessary corrective

22

action; and

23

(ii) an opportunity to correct the vio-

24

lation.

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31
1

(2) LEGISLATURES

Legisla-

ture may correct any violations identified by the

Oversight Board and resubmit a revised adopted

Budget to the Oversight Board in accordance with

the process established under paragraph (1) and the

notice delivered under subsection (a). If the Legisla-

ture is not able to adopt a Budget that the Over-

sight Board determines is a complaint Budget by

the time specified in the notice delivered under sub-

10

section (a), the Oversight Board shall develop a re-

11

vised Budget that is a compliant Budget and submit

12

it to the Governor and the Legislature. The Legisla-

13

ture may submit as many revised adopted Budgets

14

to the Oversight Board as the schedule established

15

in the notice delivered under subsection (a) permits.

16

(3) TRANSITION

BUDGETS.

17

(A) The revenue and expenditure estimates

18

in a Budget developed for the fiscal year(s)

19

after the fiscal year in which the Oversight

20

Board is established is not required to be in

21

conformance with modified accrual accounting

22

standards and, as a result, the Budget devel-

23

oped for such fiscal year(s) is considered to be

24

a compliant budget.

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1

(B) During the fiscal year in which the

Oversight Board is established the Oversight

Board shall have sole discretion in determining

whether a Budget is acceptable and, once it de-

termines that a Budget developed for such fis-

cal year(s) in accordance with the process set

forth in paragraph (1) and subsection (a), as

modified by this paragraph, is acceptable, the

Oversight Board shall approve such Budget.

10

(e) CERTIFICATION OF BUDGETS.

11

(1) CERTIFICATION

12

PROVED BUDGETS.If

13

lature develop and approve a Budget that is a com-

14

pliant Budget or, in the case of the fiscal year in

15

which the Oversight Board is established, an accept-

16

able Budget, by the day before the first day of the

17

fiscal year for which the Budget is being developed

18

and in accordance with the process established under

19

subsections (c) and (d), the Oversight Board shall

20

issue a compliance certification to the Governor and

21

the legislature for such Budget.

22

(2) DEEMED

the Governor and the Legis-

CERTIFICATION OF BUDGETS.If

23

the Governor and the Legislature fail to develop and

24

approve a Budget that is a compliant Budget or, in

25

the case of the fiscal year in which the Oversight

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1

Board is established, an acceptable Budget, by the

day before the first day of the fiscal year for which

the Budget is being developed, the Budget submitted

by the Oversight Board to the Governor and the

Legislature under subsection (d) (including any revi-

sion to the Budget made by the Oversight Board

pursuant to that subparagraph) shall be

(A) deemed to be approved by the Gov-

ernor and the Legislature;

10

(B) the subject of a compliance certifi-

11

cation issued by the Oversight Board to the

12

Governor and the Legislature; and

13

(C) in full force and effect beginning on

14
15

the first day of the applicable fiscal year.

(f) QUARTERLY REPORTS.

16

(1) DELIVERY.The Governor shall submit to

17

the Oversight Board reports describing the actual

18

cash revenues, cash expenditures, and cash flows of

19

the Government of Puerto Rico for the preceding

20

quarter, as compared to the actual revenues, expend-

21

itures, and cash flows contained in the certified

22

Budgets for the applicable quarter by a date speci-

23

fied in the notice delivered under subsection (a).

24

(2) CONTENTS.Each report delivered by the

25

Governor to the Oversight Board hereunder shall in-

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34
1

clude a description of any accrued revenues and ex-

penditures during the applicable quarter, as com-

pared to the accrued revenues and expenditures con-

tained in the certified Budgets for the quarter and

any other information required by the Oversight

Board, in its sole discretion, which information may

include a balance sheet or a requirement that the

Governor provide information for each covered terri-

torial instrumentality separately.

10

(3) QUARTERLY

re-

11

ceipt of quarterly reports from the Governor under

12

this paragraph, the Oversight Board shall

13

(A) conduct a review to determine whether

14

the actual quarterly revenues and expenses for

15

the Government of Puerto Rico are in compli-

16

ance with the applicable certified Budgets; and

17

(B) if the Oversight Board determines that

18

the actual quarterly revenues and expenses for

19

the Government of Puerto Rico are not in com-

20

pliance with the applicable certified Budgets

21

under subparagraph (A), provide the Governor

22

and the Legislature, in the case of the then-ap-

23

plicable certified Budget

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1

(i) a notice of violation that includes

a description of any necessary corrective

action; and

(ii) an opportunity to correct the vio-

lation by the date that is established in ac-

cordance with the notice delivered under

subsection (a). The Governor may submit

as many revised quarterly reports to the

Oversight Board as the schedule estab-

10

lished in the notice delivered under sub-

11

section (a) permits.

12

(4)

REDUCTIONS

BY

OVERSIGHT

13

BOARD.If

14

Governor and the Legislature, in the case of the

15

then-applicable certified Budget, have failed to cor-

16

rect a violation identified by the Oversight Board

17

under subsection (f)(3)(B) by a date established in

18

the notice delivered under subsection (a), the Over-

19

sight Board shall with respect to the Government of

20

Puerto Rico, make appropriate across-the-board

21

reductions in nondebt expenditures to ensure that

22

the actual quarterly revenues and expenses for the

23

Government of Puerto Rico are in compliance with

24

the applicable certified Budget or, in the case of the

25

fiscal year in which the Oversight Board is estab-

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1

lished, the budget adopted by the Governor and the

Legislature.

(5) TERMINATION

OF

BUDGET

CUTS.The

Oversight Board shall cancel the reductions under

paragraph (4) if the Oversight Board determines

that the Government of Puerto Rico, as applicable,

has initiated appropriate measures to reduce expend-

itures or increase revenues to ensure that the Gov-

ernment of Puerto Rico is in compliance with the

10

applicable certified Budget or, in the case of the fis-

11

cal year in which the Oversight Board is established,

12

the Budget adopted by the Governor and the Legis-

13

lature.

14

SEC. 202. OVERSIGHT BOARD RELATED TO DEBT ISSUANCE

15
16

AND RESTRUCTURING.

(a) RESTRUCTURING CERTIFICATION.The Over-

17 sight Board shall issue a restructuring certification to an

18 entity, if the Oversight Board determines, in its sole dis19 cretion, that the Government of Puerto Rico has made
20 reasonable effort to reach a voluntary agreement with
21 holders of its debt that is in conformance with the applica22 ble certified fiscal plan, and the entity, in the Oversight
23 Boards sole discretion, has adopted procedures necessary
24 to deliver timely audited financial statements and draft
25 financial statements and other information sufficient for

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37
1 any interested party to perform due diligence on the enti2 tys financial condition, which shall exist in the public do3 main, or exigent circumstances such that, in the Oversight
4 Boards sole discretion, a petition should be filed notwith5 standing the other requirements set forth above.
6

(b) OVERSIGHT BOARD

TO

REVIEW DISCRETIONARY

7 TAX WAIVERS.Within the first six months of the estab8 lishment of the Oversight Board, the Governor shall sub9 mit an audited report to the Oversight Board documenting
10 all outstanding discretionary tax waiver agreements to
11 which Government of Puerto Rico is a party. No new tax
12 waiver agreements may be executed by the Government
13 of Puerto Rico without the prior approval of the Oversight
14 Board.
15

SEC.

203.

DEVELOPMENT

16
17

AND

APPROVAL

OF

FISCAL

PLANS.

(a) IN GENERAL.As soon as practicable after at

18 least 3 members have been appointed to the Oversight

19 Board in accordance with section 101(b) in the fiscal year
20 in which the Oversight Board is established and in each
21 fiscal year thereafter during which the Oversight Board
22 is in existence, the Oversight Board shall deliver a notice
23 to the Governor providing a schedule for the process of
24 development, submission, approval, and certification of
25 Fiscal Plans, including any subsequent revisions, which re-

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38
1 visions shall be subject to approval and certification by
2 the Oversight Board, for the fiscal years to be addressed
3 by the Fiscal Plans in accordance with subsection (b). The
4 Oversight Board shall consult with the Governor and the
5 Legislature in establishing a schedule, but the Oversight
6 Board shall retain sole discretion to set or, in the future
7 by delivery of a subsequent notice to the Governor and
8 the Legislature, change the dates of such schedule as it
9 deems appropriate and reasonably feasible.
10

(b) REQUIREMENTS.

11

(1) IN

Fiscal Plan developed

12

under this section shall, with respect to the Govern-

13

ment of Puerto Rico

14

(A) provide for estimates of revenues and

15

expenditures in conformance with modified ac-

16

crual accounting standards and based on

17

(i) applicable laws; or

18

(ii) specific bills that require enact-

19

ment in order to reasonably achieve the

20

projections of the Fiscal Plan;

21

(B) ensure the funding of essential public

22

services;

23

(C) provide adequate funding for public

24

pension systems;

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1

(D) provide for the elimination of budget

gaps in financing;

(E) for fiscal years covered by a fiscal plan

in which a stay under title III is not effective,

provide for a debt burden that is sustainable;

(F) improve fiscal governance;

(G) enable the achievement of fiscal tar-

gets; and

(H) create independent forecasts of rev-

10

enue for the period covered by the Fiscal Plan.

11

(2) TERM.A Fiscal Plan developed under this

12

section shall cover a period of fiscal years as deter-

13

mined by the Oversight Board, in its sole discretion,

14

but in any case a period of not less than 5 fiscal

15

years from the fiscal year in which it is certified by

16

the Oversight Board.

17

(c) DEVELOPMENT, REVIEW, APPROVAL,

18

TIFICATION OF

19

(1)

CER-

FISCAL PLANS.
TIMING

REQUIREMENT.The

Governor

20

may not submit to the Legislature a Budget under

21

section 202 for a fiscal year unless the Oversight

22

Board has certified the Fiscal Plan for that fiscal

23

year in accordance with this subsection unless the

24

Oversight Board, in its sole discretion, waives this

25

requirement.

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1

(2)

ERNOR.The

sight Board all proposed Fiscal Plans required by

the Oversight Board by the time specified in the no-

tice delivered under subsection (a).

FISCAL

DEVELOPED

BY

GOV-

Governor shall submit to the Over-

(3) REVIEW

BY THE OVERSIGHT BOARD.The

Oversight Board shall review the proposed Fiscal

Plans to determine whether each satisfies the re-

quirements set forth in subsection (b) and, if the

10

Oversight Board determines, in its sole discretion,

11

that each proposed Fiscal Plan

12

(A) satisfies such requirements, the Over-

13

sight Board shall approve the applicable Fiscal

14

Plan; or

15

(B) does not satisfy such requirements, the

16

Oversight Board shall provide to the Gov-

17

ernor

18

(i) a notice of violation that includes

19

recommendations for revisions to the appli-

20

cable Fiscal Plan; and

21

(ii) an opportunity to correct the vio-

22
23

lation.
(d) REVISED FISCAL PLANS.

24
25

(1) IN

16:08 Mar 29, 2016

GENERAL.If

the Governor receives a

notice of violation under subsection (c)(3), the Gov-

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1

ernor shall revise and submit to the Oversight Board

a revised proposed Fiscal Plan in accordance with

subsection (b) and the schedule established in the

notice delivered under subsection (a). The Governor

may submit as many revised Fiscal Plans to the

Oversight Board as the schedule established in the

notice delivered under subsection (a) permits.

(2) DEVELOPMENT

the Governor fails to submit to the Oversight Board

10

a Fiscal Plan that the Oversight Board determines,

11

in its sole discretion, satisfies the requirements set

12

forth in subsection (b) by the time specified in the

13

notice delivered under subsection (a), the Oversight

14

Board shall develop, approve, and submit to the

15

Governor and the legislature a Fiscal Plan that sat-

16

isfies the requirements set forth in subsection (b).

17

(e) APPROVAL AND CERTIFICATION.

18

(1) APPROVAL

OF FISCAL PLAN DEVELOPED BY

19

GOVERNOR.If

20

cal Plan under subsection (c)(3), it shall deliver

21

a compliance certification for such Fiscal Plan to the

22

Governor and the Legislature.

23

the Oversight Board approves a Fis-

(2) DEEMED

APPROVAL OF FISCAL PLAN DE-

24

VELOPED BY OVERSIGHT BOARD.If

25

Board approves a Fiscal Plan under subsection

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1

(d)(2), such Fiscal Plan shall be deemed approved

by the Governor and the Oversight Board shall issue

compliance certification for such Fiscal Plan to the

Governor and the Legislature.

SEC. 204. REVIEW OF ACTIVITIES OF GOVERNMENT OF

PUERTO

WITH

BUDGET.

TO

APPROVED

ENSURE
FINANCIAL

COMPLIANCE
PLAN

AND

(a) REVIEW OF LEGISLATURE ACTS.

10

(1) SUBMISSION

OF

ACTS

TO

OVERSIGHT

11

BOARD.The

12

sight Board each Act passed by the Legislature and

13

signed by the Governor during an oversight year or

14

vetoed by the Governor and repassed by two-thirds

15

of the Legislature present and voting during an

16

oversight year, and each Act passed by the Legisla-

17

ture and allowed to become effective without the

18

Governors signature during an oversight year, to-

19

gether with the estimate of costs accompanying such

20

Act.

21

Legislature shall submit to the Over-

(2) PROMPT

REVIEW BY OVERSIGHT BOARD.

22

Upon receipt of an Act from the Legislature under

23

paragraph (1), the Oversight Board shall promptly

24

review the Act to determine whether it is consistent

25

with the applicable Fiscal Plan and Budget approved

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43
1

under this subtitle and with the estimate of costs ac-

companying the Act (described in paragraph (1)).

(3) ACTIONS

(A) APPROVAL.If the Oversight Board

determines that an Act is consistent with the

applicable Fiscal Plan and Budget, the Over-

sight Board shall notify the Legislature that it

approves the Act, and it shall become law.

(B) FINDING

OF INCONSISTENCY.If

the

10

Oversight Board determines that an Act is sig-

11

nificantly inconsistent with the applicable Fiscal

12

Plan or Budget, the Act shall be null and void,

13

and the Oversight Board shall

14

(i) notify the Legislature of its find-

15

ing;

16

(ii) provide the Legislature with an

17

explanation of the reasons for its finding;

18

and

19

(iii) to the extent the Oversight Board

20

considers appropriate, provide the Legisla-

21

ture with recommendations for modifica-

22

tions to the Act.

23

(4) DEEMED

APPROVAL.If

the Oversight

24

Board does not notify the Legislature that it ap-

25

proves or disapproves an Act submitted under this

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1

subsection during the 14-day period (excluding Sat-

urdays, Sundays, and legal holidays) that begins on

the first day (excluding Saturdays, Sundays, and

legal holidays) after the Oversight Board receives

the Act from the Legislature, the Oversight Board

shall be deemed to have approved the Act in accord-

ance with paragraph (3)(A).

8
9

(5)
ACTS.At

REVIEW

OF

PROPOSED

the request of the Legislature, the Over-

10

sight Board may conduct a preliminary review of

11

proposed legislation before the Legislature to deter-

12

mine whether the legislation as proposed would be

13

consistent with the applicable Fiscal Plan and Budg-

14

et approved under this subtitle, except that any such

15

preliminary review shall not be binding on the Over-

16

sight Board in reviewing any Act subsequently sub-

17

mitted under this subsection.

18

(b) EFFECT OF APPROVED FISCAL PLAN AND BUDG-

19

ET ON

20

CONTRACTS AND LEASES.

(1) MANDATORY

PRIOR APPROVAL FOR CER-

21

TAIN CONTRACTS AND LEASES.In

22

contract or lease (other than with vendors) that is

23

proposed to be entered into by the Government of

24

Puerto Rico during an oversight year, the Governor

25

(or the appropriate officer or agent of the Govern-

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45
1

ment of Puerto Rico) shall submit the proposed con-

tract or lease to the Oversight Board. The Oversight

Board shall review each contract or lease submitted

under this paragraph, and the Governor (or the ap-

propriate officer or agent of the Government of

Puerto Rico) may not enter into the contract or

lease unless the Oversight Board determines that the

proposed contract or lease is consistent with the Fis-

cal Plan and Budget for the fiscal year.

10

(2) SPECIAL

11

TO LEGISLATURE APPROVAL.In

12

tract or lease that is required to be submitted to the

13

Oversight Board under this subsection and that is

14

subject to approval by the Legislature under the

15

laws of Puerto Rico, the Governor shall submit such

16

contract or lease to the Oversight Board only after

17

the Legislature has approved the contract or lease,

18

but the contract or lease shall not be effective until

19

approved by the Oversight Board.

20

(3) APPLICATION

TO

the case of a con-

RULES

AND

REGULA-

21

TIONS.The

22

apply with respect to a rule or regulation issued or

23

proposed to be issued by the Governor (or the head

24

of any department or agency of the Government of

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46
1

Puerto Rico) in the same manner as such provisions

apply to a contract or lease.

(c)

RESTRICTIONS

ON

REPROGRAMMING

OF

4 AMOUNTS IN BUDGET DURING OVERSIGHT YEARS.

5

(1) SUBMISSIONS

ITY.If

islature for the reprogramming of any amounts pro-

vided in a Budget for an oversight year after the

Budget is adopted by the Legislature, the Governor

10

shall submit such request to the Oversight Board,

11

which shall analyze the effect of the proposed re-

12

programming on the Fiscal Plan and Budget for the

13

fiscal year and submit its analysis to the Legisla-

14

ture, as soon as practicable, after receiving the re-

15

quest.

the Governor submits a request to the Leg-

16

(2) NO

17

RECEIVED.The

18

programming during a fiscal year that is an over-

19

sight year, and no officer or employee of the Govern-

20

ment of Puerto Rico may carry out any reprogram-

21

ming during such a year, until the Oversight Board

22

has provided the Legislature with an analysis of a

23

request for the reprogramming in accordance with

24

paragraph (1).

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47
1

SEC. 205. RESTRICTIONS ON BORROWING BY PUERTO RICO

2
3

DURING OVERSIGHT YEAR.

(a) PRIOR APPROVAL REQUIRED.

(1) IN

GENERAL.The

Government of Puerto

Rico may not borrow money during an oversight

year unless the Oversight Board provides prior cer-

tification that both the receipt of funds through such

borrowing and the repayment of obligations incurred

through such borrowing are consistent with the Fis-

10

cal Plan and Budget for the year.

11

(2) REVISIONS

TO FINANCIAL PLAN AND BUDG-

12

ET PERMITTED.If

the Oversight Board determines

13

that the borrowing proposed to be undertaken by the

14

Government of Puerto Rico is not consistent with

15

the Fiscal Plan and Budget, the Governor may sub-

16

mit to the Oversight Board a proposed revision to

17

the Fiscal Plan and Budget in accordance with sec-

18

tion 202(c) and 204(c).

19

(3) BORROWING

DESCRIBED.This

subsection

20

shall apply with respect to any borrowing under-

21

taken by the Government of Puerto Rico.

22

(b) DEPOSIT

23

SIGHT

OF

BORROWED FUNDS WITH OVER-

BOARD.If the Government of Puerto Rico bor-

24 rows funds during an oversight year, the funds shall be

25 deposited into an escrow account held by the Oversight
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48
1 ernor at such intervals and in accordance with such terms
2 and conditions as it considers appropriate, consistent with
3 the Fiscal Plan and Budget for the year and with any
4 other withholding of funds by the Oversight Board pursu5 ant to this Act.
6

SEC. 206. EFFECT OF FINDING OF NONCOMPLIANCE WITH

FINANCIAL PLAN AND BUDGET.

(a) SUBMISSION

OF

REPORTS.Not later than 30

9 days after the expiration of each quarter of each fiscal

10 year (beginning with fiscal year 2017), the Governor shall
11 submit reports to the Oversight Board describing the ac12 tual revenues obtained and expenditures made by the Gov13 ernment of Puerto Rico during the quarter with its cash
14 flows during the quarter, and comparing such actual reve15 nues, expenditures, and cash flows with the most recent
16 projections for these items.
17

(b) DEMAND

FOR

ADDITIONAL INFORMATION.If

18 the Oversight Board determines, based on reports sub19 mitted by the Governor under subsection (a), independent
20 audits, or such other information as the Oversight Board
21 may obtain, that the revenues or expenditures of the Gov22 ernment of Puerto Rico during an oversight year are not
23 consistent with the Fiscal Plan or Budget for the year,
24 the Oversight Board shall require the Governor to provide

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49
1 such additional information as the Oversight Board deter2 mines to be necessary to explain the inconsistency.
3

(c) CERTIFICATION

OF

VARIANCE.After requiring

4 the Governor to provide additional information under sub5 section (b), the Oversight Board shall certify to the Legis6 lature, the President, and Congress that the Government
7 of Puerto Rico is at variance with the Fiscal Plan and
8 Budget unless
9

(1)(A) the additional information provides an

10

explanation for the inconsistency that the Oversight

11

Board finds reasonable and appropriate; or

12

(B) the Government of Puerto Rico adopts or

13

implements remedial action (including revising the

14

financial plan and budget pursuant to sections

15

202(c) and 204(c)) to correct the inconsistency

16

which the Oversight Board finds reasonable and ap-

17

propriate, taking into account the terms of the Fis-

18

cal Plan and Budget; and

19

(2) the Governor agrees to submit the reports

20

described in subsection (a) on a monthly basis for

21

such period as the Oversight Board may require.

22

SEC. 207. RECOMMENDATIONS ON FINANCIAL STABILITY

23

AND MANAGEMENT RESPONSIBILITY.

24

(a) IN GENERAL.The Oversight Board may at any

25 time submit recommendations to the Governor, the Legis-

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50
1 lature, the President, and Congress on actions the Govern2 ment of Puerto Rico or the Federal Government may take
3 to ensure compliance by the Government of Puerto Rico
4 with a Fiscal Plan and Budget or to otherwise promote
5 the financial stability, management responsibility, and
6 service delivery efficiency of the Government of Puerto
7 Rico, including recommendations relating to
8

(1) the management of the Government of

Puerto Ricos financial affairs, including cash fore-

10

casting, information technology, placing controls on

11

expenditures for personnel, reducing benefit costs,

12

reforming procurement practices, and placing other

13

controls on expenditures;

14

(2) the structural relationship of departments,

15

agencies, and independent agencies within the Gov-

16

ernment of Puerto Rico;

17

(3) the modification of existing revenue struc-

18

tures, or the establishment of additional revenue

19

structures;

20

(4) the establishment of alternatives for meet-

21

ing obligations to pay for the pensions of former

22

Government of Puerto Rico employees;

23

(5) modifications or transfers of the types of

24

services that are the responsibility of and are deliv-

25

ered by the Government of Puerto Rico;

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51
1

(6) modifications of the types of services that

are delivered by entities other than the Government

of Puerto Rico under alternative service delivery

mechanisms (including privatization and commer-

cialization);

(7) the effects of Puerto Rico laws and court

orders on the operations of the Government of Puer-

to Rico;

(8) the establishment of a personnel system for

10

employees of the Government of Puerto Rico that is

11

based upon employee performance standards; and

12

(9) the improvement of personnel training and

13

proficiency, the adjustment of staffing levels, and

14

the improvement of training and performance of

15

management and supervisory personnel.

16

(b) RESPONSE

TO

RECOMMENDATIONS

17 WITHIN OVERSIGHT BOARD

OF THE

FOR

ACTIONS

GOVERNMENT

OF

18 PUERTO RICO.
19

(1) IN

the case of any rec-

20

ommendations submitted under subsection (a) dur-

21

ing an oversight year that are within the authority

22

of the Government of Puerto Rico to adopt, not later

23

than 90 days after receiving the recommendations,

24

the Governor or the Legislature (whichever has the

25

authority to adopt the recommendation) shall submit

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52
1

a statement to the Oversight Board, the President,

and Congress that provides notice as to whether the

Government of Puerto Rico will adopt the rec-

ommendations.

(2) IMPLEMENTATION

REQUIRED

FOR

ADOPTED RECOMMENDATIONS.If

the Legislature (whichever is applicable) notifies the

Oversight Board and Congress under paragraph (1)

that the Government of Puerto Rico will adopt any

10

of the recommendations submitted under subsection

11

(a), the Governor or the Legislature (whichever is

12

applicable) shall include in the statement a written

13

plan to implement the recommendation that in-

14

cludes

the Governor or

15

(A) specific performance measures to de-

16

termine the extent to that the Government of

17

Puerto Rico has adopted the recommendation;

18

and

19

(B) a schedule for auditing the Govern-

20

ment of Puerto Ricos compliance with the plan.

21

(3)

EXPLANATIONS

REQUIRED

FOR

REC-

22

OMMENDATIONS NOT ADOPTED.If

23

the Legislature (whichever is applicable) notifies the

24

Oversight Board, the President, and Congress under

25

paragraph (1) that the Government of Puerto Rico

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53
1

will not adopt any recommendation submitted under

subsection (a) that the Government of Puerto Rico

has authority to adopt, the Governor or the Legisla-

ture shall include in the statement explanations for

the rejection of the recommendations.

(c) IMPLEMENTATION

TIONS BY

REJECTED RECOMMENDA-

OVERSIGHT BOARD.
(1) IN

GENERAL.If

the Governor or the Leg-

islature (whichever is applicable) notifies the Over-

10

sight Board, the President, and Congress under sub-

11

section (b)(1) that the Government of Puerto Rico

12

will not adopt any recommendation submitted under

13

subsection (a) that the Government of Puerto Rico

14

has authority to adopt, the Oversight Board may by

15

a majority vote of its members take such action con-

16

cerning the recommendation as it deems appro-

17

priate, after consulting with the Committee on Nat-

18

ural Resources of the House of Representatives and

19

the Committee on Energy and Natural Resources of

20

the Senate.

21

(2) EFFECTIVE

DATE.This

subsection shall

22

apply with respect to recommendations of the Over-

23

sight Board made after the expiration of the 6-

24

month period that begins on the date of the enact-

25

ment of this Act.

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54
1
2

(d) ADDITIONAL POWER TO ISSUE ORDERS, RULES,

AND

REGULATIONS.

(1) IN

addition to the authority

described in subsection (c), the Oversight Board may

at any time issue such orders, rules, or regulations

as it considers appropriate to carry out the purposes

of this Act and the amendments made by this Act,

to the extent that the issuance of such an order,

rule, or regulation is within the authority of the

10

Governor or the head of any department or agency

11

of the Government of Puerto Rico, and any such

12

order, rule, or regulation shall be legally binding to

13

the same extent as if issued by the Governor or the

14

head of any such department or agency.

15

(2) NOTIFICATION.Upon issuing an order,

16

rule, or regulation pursuant to this subsection, the

17

Oversight Board shall notify the Governor, the Leg-

18

islature, the President, and Congress.

19

(3) NO

JUDICIAL REVIEW OF DECISION TO

20

ISSUE ORDER.The

21

to issue an order, rule, or regulation pursuant to

22

this subsection shall be final and shall not be subject

23

to judicial review.

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55
1
2

SEC. 208. OVERSIGHT PERIODS DESCRIBED.

(a) INITIATION.For purposes of this Act, an over-

3 sight period is initiated upon the occurrence of any of

4 the following events (as determined by the Oversight
5 Board based upon information obtained through the Gov6 ernor, the Inspector General of Puerto Rico, or such
7 other sources as the Oversight Board considers appro8 priate):
9

(1) The failure of the Government of Puerto

10

Rico to provide sufficient revenue to a debt service

11

reserve fund of the Oversight Board under subtitle

12

B.

13

(2) The default by the Government of Puerto

14

Rico with respect to any loans, bonds, notes, or

15

other form of borrowing.

16
17

(3) The failure of the Government of Puerto

Rico to meet its payroll for any pay period.

18

(4) The existence of a cash deficit of the Gov-

19

ernment of Puerto Rico at the end of any quarter

20

of the fiscal year in excess of the difference between

21

the estimated revenues of the Government of Puerto

22

Rico and the estimated expenditures of the Govern-

23

ment of Puerto Rico (including repayments of tem-

24

porary borrowings) during the remainder of the fis-

25

cal year or the remainder of the fiscal year together

26

with the first 6 months of the succeeding fiscal year.

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56
1

(5) The failure of the Government of Puerto

Rico to make required payments relating to pensions

and benefits for current and former employees of the

Government of Puerto Rico.

(6) The failure of the Government of Puerto

Rico to make required payments to any entity estab-

lished under an interstate compact to which Puerto

Rico is a signatory.

(b) TERMINATION.

10

(1) IN

oversight period termi-

11

nates upon the certification by the Oversight Board

12

that

13

(A) the Government of Puerto Rico has

14

adequate access to both short-term and long-

15

term credit markets at reasonable interest rates

16

to meet its borrowing needs; and

17

(B) for 5 consecutive fiscal years (occur-

18

ring after the date of the enactment of this Act)

19

the expenditures made by the Government of

20

Puerto Rico during each of the years did not

21

exceed the revenues of the Government of Puer-

22

to Rico during such years, determined in ac-

23

cordance with generally accepted accounting

24

principles, as contained in the comprehensive

25

annual financial report for Puerto Rico.

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57
(2) CONSULTATION

WITH INSPECTOR GEN-

ERAL.In

section, the Oversight Board shall consult with the

Inspector General of Puerto Rico.

(c) OVERSIGHT PERIOD DEEMED TO EXIST UPON

making the determination under this sub-

6 ENACTMENT.For purposes of this subtitle, an oversight

7 period is deemed to exist upon the enactment of this Act.
8
9

SEC. 209. ELECTRONIC REPORTING.

TheOversight Board Chief Financial Officer

10 may, in consultation with and through the Department of

11 Treasury of Puerto Rico, ensure the prompt and efficient
12 payment and administration of value added taxes and
13 sales taxes including (without limitation) through the ac14 celeration of payments, allowance of credits for appro15 priate discounts to accelerate payment, and adoption of
16 electronic reporting, payment and auditing technologies.
17
18
19

Subtitle BIssuance of Bonds

SEC. 211. OVERSIGHT BOARD TO ISSUE BONDS.

(a) IN GENERAL.
(1) REQUEST

20

to the

21

requirements of this subtitle, the Oversight Board

22

may at the request of the Governor pursuant to an

23

Act of the Legislature issue bonds, notes, or other

24

obligations to borrow funds in the name of and for

25

the use of the Government of Puerto Rico, in such

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58
1

amounts and in such manner as the Oversight

Board considers appropriate.

(2) SPECIAL

RULE FOR INSTRUMENTALITIES

WITH

BOARD.In

of the Government of Puerto Rico that under law

has the authority to issue bonds, notes, or obliga-

tions to borrow funds without the enactment of an

Act of the Legislature, the Oversight Board may

10

issue bonds, notes, or other obligations to borrow

11

funds in the name of and for the use or functions

12

of such agency or instrumentality at the request of

13

the head of the agency or instrumentality.

14

(b) DEPOSIT

15

ROWING

INDEPENDENT

BORROWING

OVERSIGHT

the case of an agency or instrumentality

OF

FUNDS OBTAINED THROUGH BOR-

WITH OVERSIGHT BOARD.Any funds obtained

16 by the Government of Puerto Rico through borrowing by

17 the Oversight Board pursuant to this subtitle shall be de18 posited into an escrow account held by the Oversight
19 Board, that shall allocate such funds to the Government
20 of Puerto Rico in such amounts and at such times as the
21 Oversight Board considers appropriate, consistent with
22 the specified purposes of such funds and the applicable
23 financial plan and budget under subtitle A.
24

(c)

USES

OF

FUNDS

OBTAINED

THROUGH

25 BONDS.Any funds obtained through the issuance of

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59
1 bonds, notes, or other obligations pursuant to this subtitle
2 may be used for any purpose (consistent with the applica3 ble financial plan and budget) under subtitle A and for
4 any other purpose that the Oversight Board considers ap5 propriate.
6

SEC. 212. PLEDGE OF SECURITY INTEREST IN REVENUES

7
8

OF GOVERNMENT OF PUERTO RICO.

(a) IN GENERAL.The Oversight Board may

9 pledge or grant a security interest in revenues to individ10 uals or entities purchasing bonds, notes, or other obliga11 tions issued pursuant to this subtitle.
12
13

(b) DEDICATION
ERNMENT OF

OF

REVENUE STREAM FROM GOV-

PUERTO RICO.The Oversight Board shall

14 require the Governor

15

(1) to pledge or direct taxes or other revenues

16

otherwise payable to the Government of Puerto Rico

17

(that are not otherwise pledged or committed), in-

18

cluding payments from the Federal Government, to

19

the Oversight Board for purposes of securing repay-

20

ment of bonds, notes, or other obligations issued

21

pursuant to this subtitle; and

22

(2) to transfer the proceeds of any tax levied

23

for purposes of securing such bonds, notes, or other

24

obligations to the Oversight Board immediately upon

25

collection.

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60
1

SEC. 213. ESTABLISHMENT OF DEBT SERVICE RESERVE

2
3

FUND.

(a) IN GENERAL.As a condition for the issuance

4 of bonds, notes, or other obligations pursuant to this sub5 title, the Oversight Board shall establish a debt service
6 reserve fund in accordance with this section.
7

(b) REQUIREMENTS FOR FUND.

(1) FUND

debt service reserve

fund established by the Oversight Board pursuant to

10

this subsection shall consist of such funds as the

11

Oversight Board may make available, and shall be a

12

trust fund held for the benefit and security of the

13

obligees of the Oversight Board whose bonds, notes,

14

or other obligations are secured by such fund.

(2) USES

15

OF FUNDS.Amounts

in a debt

16

service reserve fund may be used solely for the pay-

17

ment of the principal of bonds secured in whole or

18

in part by such fund, the purchase or redemption of

19

such bonds, the payment of interest on such bonds,

20

or the payment of any redemption premium required

21

to be paid when such bonds and notes are redeemed

22

prior to maturity.
(3) RESTRICTIONS

23

(A) IN

24

ON WITHDRAWALS.

GENERAL.Amounts

in a debt

25

service reserve fund may not be withdrawn from

26

the fund at any time in an amount that would

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1

reduce the amount of the fund to less than the

minimum reserve fund requirement established

for such fund in the resolution of the Oversight

Board creating such fund, except for with-

drawals for the purpose of making payments

when due of principal, interest, redemption pre-

miums and sinking fund payments, if any, with

respect to such bonds for the payment of which

other moneys of the Oversight Board are not

10

available, and for the purpose of funding the

11

operations of the Oversight Board for a fiscal

12

year (in such amounts and under such condi-

13

tions as are established under the budget of the

14

Oversight Board for the fiscal year under sec-

15

tion 107).
(B) USE

16

in

17

subparagraph (A) may be construed to prohibit

18

the Oversight Board from transferring any in-

19

come or interest earned by, or increments to,

20

any debt service reserve fund due to the invest-

21

ment thereof to other funds or accounts of the

22

Oversight Board (to the extent such transfer

23

does not reduce the amount of the debt service

24

reserve fund below the minimum reserve fund

25

requirement established for such fund) for such

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62
1

purposes as the Oversight Board considers ap-

propriate consistent with its powers.

SEC. 214. OTHER REQUIREMENTS FOR ISSUANCE OF

4
5

BONDS.

The Oversight Board may not at any time issue

6 bonds, notes, or other obligations pursuant to this subtitle

7 that are secured in whole or in part by a debt service re8 serve fund under section 213 if issuance of such bonds
9 would cause the amount in the debt service reserve fund
10 to fall below the minimum reserve requirement for such
11 fund, unless the Oversight Board at the time of issuance
12 of such bonds shall deposit in the fund an amount (from
13 the proceeds of the bonds to be issued or from other
14 sources) that when added to the amount already in such
15 fund will cause the total amount on deposit in such fund
16 to equal or exceed the minimum reserve fund requirement
17 established by the Oversight Board at the time of the es18 tablishment of the fund.
19

SEC. 215. NO FULL FAITH AND CREDIT OF THE UNITED

20
21

STATES.

The full faith and credit of the United States is not

22 pledged for the payment of any principal of or interest

23 on any bond, note, or other obligation issued by the Over24 sight Board pursuant to this subtitle. The United States
25 is not responsible or liable for the payment of any prin-

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63
1 cipal of or interest on any bond, note, or other obligation
2 issued by the Oversight Board pursuant to this subtitle.

Subtitle COther Duties of

Oversight Board

SEC. 221. DUTIES OF OVERSIGHT BOARD DURING YEAR

OTHER THAN OVERSIGHT YEAR.

(a) IN GENERAL.During the period beginning upon

8 the termination of an oversight period pursuant to section

9 209(b) and ending with the suspension of its activities
10 pursuant to section 108(a), the Oversight Board shall con11 duct the following activities:
12

(1) The Oversight Board shall review the budg-

13

ets of the Government of Puerto Rico adopted by the

14

Legislature for each fiscal year occurring during

15

such period.

16

(2) At such time prior to the enactment of such

17

budget as the Oversight Board considers appro-

18

priate, the Oversight Board shall prepare a report

19

analyzing the budget and submit the report to the

20

Governor, the Legislature, the President, and Con-

21

gress.

22

(3) The Oversight Board shall monitor the fi-

23

nancial status of the Government of Puerto Rico and

24

shall submit reports to the Governor, the Legisla-

25

ture, the President, and Congress if the Oversight

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1

Board determines that a risk exists that an over-

sight period may be initiated pursuant to section

209(a).

(4) The Oversight Board shall carry out activi-

ties under subtitle B with respect to bonds, notes, or

other obligations of the Oversight Board outstanding

during such period.

(b) REQUIRING GOVERNOR TO SUBMIT BUDGETS

TO

9 OVERSIGHT BOARD.With respect to the budget for each

10 fiscal year occurring during the period described in sub11 section (a), the Governor shall submit the budget of the
12 Government of Puerto Rico adopted by the Legislature to
13 the Oversight Board.
14

SEC. 222. GENERAL ASSISTANCE IN ACHIEVING FINANCIAL

15
16

STABILITY AND MANAGEMENT EFFICIENCY.

In addition to any other actions described in this title,

17 the Oversight Board may undertake cooperative efforts to

18 assist the Government of Puerto Rico in achieving finan19 cial stability and management efficiency, including
20

(1) assisting the Government of Puerto Rico in

21

avoiding defaults, eliminating and liquidating defi-

22

cits, maintaining sound budgetary practices, and

23

avoiding interruptions in the delivery of services;

24

(2) assisting the Government of Puerto Rico in

25

improving the delivery of municipal services, the

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1

training and effectiveness of personnel of the Gov-

ernment of Puerto Rico, and the efficiency of man-

agement and supervision; and

(3) making recommendations to the President

for transmission to Congress on changes to this Act

or other Federal laws, or other actions of the Fed-

eral Government, that would assist the Government

of Puerto Rico in complying with an approved Fiscal

Plan and Budget.

10
11

SEC. 223. OBTAINING REPORTS.

The Oversight Board may require the Governor, the

12 Legislature, and the Inspector General of Puerto Rico, to

13 prepare and submit such reports as the Oversight Board
14 considers appropriate to assist it in carrying out its re15 sponsibilities under this Act, including submitting copies
16 of any reports regarding revenues, expenditures, budgets,
17 costs, plans, operations, estimates, and other financial or
18 budgetary matters of the Government of Puerto Rico.
19
20

SEC. 224. REPORTS AND COMMENTS.

(a) ANNUAL REPORTS

TO

CONGRESS.Not later

21 than 30 days after the last day of each fiscal year that
22 is an oversight year, the Oversight Board shall submit a
23 report to Congress describing

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66
1

(1) the progress made by the Government of

Puerto Rico in meeting the objectives of this Act

during the fiscal year;

(2) the assistance provided by the Oversight

Board to the Government of Puerto Rico in meeting

the purposes of this Act for the fiscal year; and

(3) any other activities of the Oversight Board

during the fiscal year.

(b) REVIEW

AND

ANALYSIS

OF

PERFORMANCE

AND

10 FINANCIAL ACCOUNTABILITY REPORTS.In the case of

11 any report submitted by the Governor for a fiscal year
12 (or any quarter of a fiscal year) that is an oversight year,
13 the Governor shall submit the report to the Oversight
14 Board. The Oversight Board shall review each report pre15 pared and submitted by the Governor and shall submit
16 a report to Congress analyzing the completeness and accu17 racy of such reports.
18
19

(c) COMMENTS REGARDING ACTIVITIES

MENT OF

OF

GOVERN-

PUERTO RICO.At any time during an over-

20 sight year, the Oversight Board may submit a report to

21 Congress describing any action taken by the Government
22 of Puerto Rico (or any failure to act by the Government
23 of Puerto Rico) that the Oversight Board determines will
24 adversely affect the Government of Puerto Ricos ability
25 to comply with an approved financial plan and budget

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67
1 under title I or will otherwise have a significant adverse
2 impact on the best interests of Puerto Rico.
3

(d) MAKING REPORTS PUBLICLY AVAILABLE.The

4 Oversight Board shall make any report submitted under

5 this section available to the public, except to the extent
6 that the Oversight Board determines that the report con7 tains confidential material.
8
9
10
11

TITLE IIIADJUSTMENTS OF
DEBTS
SEC. 301. APPLICABILITY OF OTHER LAWS; DEFINITIONS.

(a) SECTIONS APPLICABLE TO PROCEEDINGS UNDER

12 THIS TITLE.Sections 101 (except as otherwise provided

13 in this section), 102, 104, 105, 106, 107, 108, 112, 327,
14 328, 329, 330, 331, 333, 344, 347(b), 349, 350(b), 351,
15 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501,
16 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1),
17 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c),
18 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561,
19 562, 902 (except as otherwise provided in this section),
20 922, 923, 925, 926, 927, 928, 944, 945, 946, 1102, 1103,
21 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3),
22 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125,
23 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g),
24 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6),
25 1129(a)(8),

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68
1 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a)
2 of title 11, United States Code, apply in a case under this
3 title.
4

(b) MEANINGS

OF

TERMS.A term used in a section

5 of title 11, United States Code, made applicable in a case

6 under this title by subsection (a), has the meaning given
7 to the term for the purpose of the applicable section, un8 less the term is otherwise defined in this Act.
9

(c) AFFILIATE.The term affiliate means, in addi-

10 tion to the definition made applicable in a case under this

11 title by subsection (a)
12
13

(1) for a territory, any territorial instrumentality; and

14

(2) for a territorial instrumentality, the gov-

15

erning territory and any of the other territorial in-

16

strumentalities of the territory.

17

(d) PROPERTY

OF THE

ESTATE.The term prop-

18 erty of the estate, when used in a section of title 11 or

19 28, United States Code, made applicable in a case under
20 this title by subsection (a), means property of the debtor.
21

(e) TERRITORY.The term territory means

22

(1) American Samoa;

23

(2) Guam;

24

(3) the Commonwealth of the Northern Mar-

25

iana Islands;

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1

(4) the Commonwealth of Puerto Rico; and

(5) the United States Virgin Islands.

(f) TERRITORIAL INSTRUMENTALITY.The term

4 territorial instrumentality
5

(1) means any political subdivision, public agen-

cy, instrumentality, or public corporation of a terri-

tory; and

8
9

(2) does not include an Oversight Board.

(g) TRUSTEE.The term trustee, when used in a

10 section of title 11, United States Code, made applicable

11 in a case under this title by subsection (a), means the
12 Oversight Board.
13

(h) REFERENCE

TO

TITLE.Solely for purposes of

14 this title, a reference to a case under title 11 or words

15 of similar import in a section of titles 11 and 28, United
16 States Code, or in the Federal Rules of Bankruptcy Proce17 dure, made applicable in a case under this title shall be
18 deemed to be a reference to this title.
19
20

SEC. 302. WHO MAY BE A DEBTOR.

An entity may be a debtor under this title if

21

(1) the entity is

22

(A) a territory that is subject to an Over-

23

sight Board pursuant to an Act of the U.S.

24

Congress; or

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70
1

(B) a territorial instrumentality of a terri-

tory as described in subparagraph (1)(A);

(2) the Oversight Board has issued a certifi-

cation under section 203(a); and

(3) it desires to effect a plan to adjust its

5
6

debts.

SEC. 303. RESERVATION OF TERRITORIAL POWER TO CON-

TROL TERRITORY AND TERRITORIAL INSTRU-

MENTALITIES.

10

Except as otherwise provided in this Act, this title

11 does not limit or impair the power of a territory to control,

12 by legislation or otherwise, the territory or any territorial
13 instrumentality thereof in the exercise of the political or
14 governmental powers of the territory or territorial instru15 mentality, including expenditures for such exercise, but
16

(1) a territory law prescribing a method of com-

17

position of indebtedness of the territory or any terri-

18

torial instrumentality thereof may not bind any cred-

19

itor that does not consent to the composition; and

20

(2) a judgment entered under a law described

21

in paragraph (1) may not bind a creditor that does

22

not consent to the composition.

23

SEC. 304. PETITION AND PROCEEDINGS RELATING TO PETI-

24
25

TION.

(a) COMMENCEMENT OF CASE.

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71
1

(1) PETITION.A case under this title may be

commenced by the Oversight Board by filing a peti-

tion in the district court in which venue is proper

under section 307. If the Oversight Board is filing

petitions for more than 1 debtor, the Oversight

Board shall file a separate petition for each debtor.

(2) DETERMINATION

REQUIRED.The

Over-

sight Board, on behalf of, and acting as agent for,

the debtor, may file a petition under paragraph (1)

10

for a debtor if the Oversight Board has made a de-

11

termination that the debtor satisfies the require-

12

ments under section 302.

13

(b) OBJECTION

TO

PETITION.After any objection

14 to the petition, the court, after notice and a hearing, may

15 dismiss the petition if the debtor does not satisfy the re16 quirements under section 302.
17

(c) ORDER

OF

RELIEF.The commencement of a

18 case under this title constitutes an order for relief.

19

(d) APPEAL.The court may not

20

(1) on account of an appeal from an order for

21

relief, delay any proceeding under this title in the

22

case in which the appeal is being taken; or

23
24

(2) nor shall any court order a stay of such

proceeding pending the appeal.

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1

(e) VALIDITY

OF

DEBT.The reversal on appeal of

2 a finding of jurisdiction shall not affect the validity of any

3 debt incurred that is authorized by the court under section
4 364(c) or 364(d) of title 11, United States Code.
5

(f) PETITIONS

AND

PLANS.The Oversight Board,

6 on behalf of debtors, may file petitions or submit or modify

7 plans of adjustments jointly if the debtors are affiliates.
8

(g) JOINT ADMINISTRATION

OF

CASES.If the

9 Oversight Board, on behalf of a debtor and one or more

10 affiliates have filed separate cases and the Oversight
11 Board files a motion to administer the cases jointly, the
12 courts shall order a joint administration of the cases.
13
14

SEC. 305. JURISDICTION; REMOVAL; APPEALS.

(a) FEDERAL SUBJECT MATTER JURISDICTION.

15 Except as provided in section 306 the district courts shall

16 have
17

(1) except as provided in paragraph (2), the

18

district court shall have original and exclusive juris-

19

diction of all cases under this title;

20

(2) except as provided in paragraph (3), and

21

notwithstanding any Act of Congress that confers

22

exclusive jurisdiction on a court or courts other than

23

the district courts, the district courts shall have

24

original but not exclusive jurisdiction of all civil pro-

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73
1

ceedings arising under this title, or arising in or re-

lated to cases under this title; and

(3) the district court in which a case under this

title is commenced or is pending shall have exclusive

jurisdiction of all property, wherever located, of the

debtor as of the commencement of such case.

(b) PERSONAL JURISDICTION.The district court in

8 which a case under this title is pending shall have personal

9 jurisdiction over any person or entity to the fullest extent
10 permitted under the Constitution of the United States.
11

(c) REMOVAL AND REMAND.

12

(1) REMOVAL.A party may remove any claim

13

or cause of action in a civil action other than a pro-

14

ceeding before the United States Tax Court or a

15

civil action by a governmental unit to enforce the po-

16

lice or regulatory power of the governmental unit, to

17

the district court for the district in which the civil

18

action is pending, if the district court has jurisdic-

19

tion of the claim or cause of action under this sec-

20

tion.

21

(2) REMAND.The district court to which the

22

claim or cause of action is removed under paragraph

23

(1) may remand the claim or cause of action on any

24

equitable ground. An order entered under this sub-

25

section remanding a claim or cause of action, or a

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1

decision to not remand, is not reviewable by appeal

or otherwise by the court of appeals under section

158(d), 1291, or 1292 of title 28, United States

Code, or by the Supreme Court of the United States

under section 1254 of title 28, United States Code.

SEC. 306. LIMITATION ON JURISDICTION AND POWERS OF

COURT.

(a) IN GENERAL.Except as otherwise provided in

9 this Act, notwithstanding any power of the court, unless

10 the Oversight Board on behalf of the debtor agrees or the
11 plan of adjustment so provides, the court may not, by any
12 stay, order, or decree, in the case or otherwise, interfere
13 with
14

(1) any of the political or governmental powers

15

of the debtor;

16

(2) any of the property or revenues of the debt-

17

or; or

18

(3) the use or enjoyment by the debtor of any

19

income-producing property.

20

(b) PERMISSIVE ABSTENTION.Nothing in this title

21 prevents a district court in the interests of justice from

22 abstaining from hearing a particular proceeding arising in
23 or related to a case under this title.
(c) MANDATORY ABSTENTION

24
25

TO

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CERTIFICATION

TERRITORIAL HIGH COURT.

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75
(1) MANDATORY

the

territorial high court for the relevant territory has

previously rendered a controlling decision on the

issue, the court shall abstain from hearing and de-

termining an issue requiring resolution of

(A) interests in property under the laws

6
7

of the territory; or
(B) interpretation or application of the

8
9

constitution of the territory.

10

(2) CERTIFICATION.The court shall certify

11

an issue described in paragraph (1) to the territorial

12

high court.
(3) ACCEPTANCE

13

OF CERTIFICATION.A

ter-

14

ritorial high court shall accept a certification under

15

paragraph (2) not later than 10 days after the cer-

16

tification is made.

17

(4) BINDING

DECISION.A

decision by the

18

territorial high court regarding an issue certified

19

under paragraph (2) shall be binding on a court,

20

other than the Supreme Court of the United States,

21

in a proceeding arising under this title or arising in

22

or relating to a case under this title.

23
24

SEC. 307. VENUE.

Venue for a case under this title shall be proper

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76
1

(1) with respect to a territory, in the district

court for the territory, or, for a territory that does

not have a district court, in the United States Dis-

trict Court for the District of Hawaii; and

(2) with respect to a territorial instrumentality,

in the district court for the affiliate territory or, for

a territory that does not have a district court, in the

United States District Court for the District of Ha-

waii.

10

(3) If the Oversight Board determines that the

11

venue under paragraphs (1) and (2) will not ade-

12

quately provide for proper case management, then

13

venue shall be proper in the district court for the ju-

14

risdiction in which the Oversight Board maintains

15

an office that is located outside the territory.

16
17

SEC. 308. APPLICABLE RULES OF PROCEDURE.

(a) APPLICABLE RULES.Subject to subsection (b),

18 the Federal Rules of Bankruptcy Procedure shall be appli19 cable in a case under this title. To the extent just and
20 consistent with the provisions of this title, the court shall
21 apply the rules of the Federal Rules of Bankruptcy Proce22 dure as if the case were a case under chapter 9 of title
23 11, United States Code.
24

(b) RULEMAKING.The Supreme Court of the

25 United States shall have the power to prescribe by general

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77
1 rules, the forms of process, writs, pleadings, and motions,
2 and the practice and procedure in cases under this title,
3 which may include amendments to the Federal Rules of
4 Bankruptcy Procedure. Any such rule shall not abridge,
5 enlarge, or modify any substantive right. The Supreme
6 Court of the United States shall transmit to Congress a
7 copy of the proposed rule not later than May 1 of the year
8 in which a rule prescribed under this section is to become
9 effective. The rule shall take effect no earlier than Decem10 ber 1 of the year in which it is transmitted to Congress
11 unless otherwise provided by law.
12
13

SEC. 309. ROLE AND CAPACITY OF OVERSIGHT BOARD.

(a) ACTIONS OF OVERSIGHT BOARD.Subject to sec-

14 tions 303 and 307, for the purposes of this title, the Over15 sight Board, as agent for the debtor, may take any action
16 necessary on behalf of the debtor to prosecute the case
17 of the debtor, including
18

(1) filing a petition under section 304(a);

19

(2) submitting or modifying a plan of adjust-

20

ment under sections 315 and 316; or

21

(3) otherwise generally submitting filings in re-

22

lation to the case with the court.

23

(b) REPRESENTATIVE

OF

DEBTOR.The Oversight

24 Board in a case under this title is the representative of

25 the debtor.

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1

(c) CAPACITY.The Oversight Board in a case under

2 this title has the capacity to sue and be sued, but only
3 in its representative capacity on behalf of and as agent
4 for a debtor.
5
6
7
8

SEC. 310. LIST OF CREDITORS.

The Oversight Board shall file a list of creditors.

SEC. 311. DISMISSAL.

After notice and a hearing, the court may dismiss a

9 case under this title for cause, including

10

(1) want of prosecution;

11

(2) unreasonable delay by the Oversight Board

12

that is prejudicial to creditors;

13
14

(3) failure to propose a plan within the time

fixed under section 313(b);

15
16

(4) if a plan is not accepted within any fixed

time by the court;

17

(5) denial of confirmation of a plan under sec-

18

tion 315 and denial of additional time for filing an-

19

other plan or a modification of the plan; or

20
21

(6) if the court has retained jurisdiction after

confirmation of a plan

22

(A) material default by the debtor or the

23

Oversight Board with respect to a term of the

24

plan; or

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1

(B) termination of the plan by reason of

the occurrence of a condition specified in the

plan.

4
5

SEC. 312. LEASES.

A lease to a territory or territorial instrumentality

6 shall not be treated as an executory contract or unexpired

7 lease for the purposes of section 365 or 502(b)(6) of title
8 11, United States Code, solely by reason of the lease being
9 subject to termination in the event the debtor fails to ap10 propriate rent.
11
12

SEC. 313. FILING OF PLAN OF ADJUSTMENT.

(a) EXCLUSIVITY.Only the Oversight Board may

13 file a plan of adjustment of the debts of the debtor.

14

(b) DEADLINE

FOR

FILING PLAN.If the Oversight

15 Board does not file a plan of adjustment with the petition,

16 the Oversight Board shall file a plan of adjustment at the
17 time set by the court.
18

(c) PLAN

FOR

AFFILIATES.The Oversight Board

19 may submit a joint plan of adjustment for multiple debtors

20 if they are affiliates, provided that the requirements of
21 section 315 shall apply to each debtor to which the plan
22 applies. Nothing in this subsection shall be construed as
23 authorizing substantive consolidation of cases or the af24 fecting through consolidation of secured creditors inter25 ests in their collateral.

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1
2

SEC. 314. MODIFICATION OF PLAN.

The Oversight Board may modify the plan at any

3 time before confirmation, but may not modify the plan so

4 that the plan as modified fails to meet the requirements
5 of this title. After the Oversight Board files a modifica6 tion, the plan as modified becomes the plan.
7
8

SEC. 315. CONFIRMATION.

(a) OBJECTION.A special tax payer may object to

9 confirmation of a plan.
10

(b) CONFIRMATION.The court shall confirm the

11 plan if
12

(1) the plan complies with the provisions of title

13

11 of the United States Code, made applicable to a

14

case under this title by section 401;

15
16

(2) the plan complies with the provisions of this

title;

17

(3) all amounts paid or to be paid by the debtor

18

or by any person for services or expenses in the case

19

or incident to the plan have been fully disclosed and

20

are reasonable;

21
22

(4) the debtor is not prohibited by law from

taking any action necessary to carry out the plan;

23

(5) except to the extent that the holder of a

24

particular claim has agreed to a different treatment

25

of such claim, the plan provides that on the effective

26

date of the plan each holder of a claim of a kind

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1

specified in 507(a)(2) of title 11, United States

Code, will receive on account of such claim cash

equal to the allowed amount of such claim;

(6) any regulatory or electoral approval nec-

essary under applicable law in order to carry out any

provision of the plan has been obtained, or such pro-

vision is expressly conditioned on such approval; and

(7) the plan is in the best interests of creditors

and is feasible.

10

(8) the plan is consistent with the applicable

11

fiscal plan certified by the Oversight Board under

12

Title I.

13
14

SEC. 316. APPLICABILITY.

(a) CASES, DEBTS, CLAIMS,

AND

LIENS.This title

15 shall apply with respect to

16
17

(1) cases commenced under this title on or after

the date of enactment of this Act; and

18

(2) debts, claims, and liens created before, on,

19

or after the date of enactment of this Act.

20

(b) NOT

LIMITATION.Nothing in this title shall

21 be construed to limit the powers of an Oversight Board

22 enumerated unto such Oversight Board by the U.S. Con23 gress in any manner whatsoever.

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82

TITLE IVMISCELLANEOUS
PROVISIONS

SEC. 401. LEGISLATURE APPROVAL OF CERTAIN CON-

4
5

TRACTS.

(a) CONTRACTS EXCEEDING CERTAIN AMOUNT.

(1) IN

contract involving ex-

penditures in excess of $1,000,000 during a 12-

month period may be made unless the Governor sub-

mits the contract to the Legislature for its approval

10

and the Legislature approves the contract (in ac-

11

cordance with criteria established by Act of the Leg-

12

islature).

13

(2) DEEMED

APPROVAL.For

purposes of

14

paragraph (1), the Legislature shall be deemed to

15

approve a contract if

16

(A) during the 10-day period beginning on

17

the date the Governor submits the contract to

18

the Legislature, no member of the Legislature

19

introduces a resolution approving or dis-

20

approving the contract; or

21

(B) during the 45-calendar day period be-

22

ginning on the date the Governor submits the

23

contract to the Legislature, the Legislature

24

does not disapprove the contract.

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1

(b) EFFECTIVE DATE.This section shall apply to

2 contracts made on or after the date of the enactment of

3 this Act.
4
5

SEC. 402. REPORT BY OVERSIGHT BOARD.

Mechanism to ensure the Oversight Board is car-

6 rying out its duties under this Act.

7
8

SEC. 403. DEFINITIONS.

In this Act, the following definitions apply:

(1) OVERSIGHT

term Oversight

10

Board means the Puerto Rico Financial Oversight

11

and Management Board established under section

12

101(a).

13

(2) OVERSIGHT

PERIOD.The

term oversight

14

period has the meaning given such term in section

15

209.

16

(3) OVERSIGHT

YEAR.The

term oversight

17

year means any fiscal year for that a Fiscal Plan

18

and Budget approved by the Oversight Board under

19

section 202 and section 204 is in effect, and includes

20

fiscal year 2017.

21

(4) FISCAL

PLAN AND BUDGET.The

term

22

Fiscal Plan and Budget means a Fiscal Plan de-

23

veloped under section 204 and Budget developed in

24

section 202.

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1
2

(5) GOVERNOR.The term Governor means

the Governor of Puerto Rico.

3
4

(6) LEGISLATURE.The term Legislature

means the Legislative Assembly of Puerto Rico.

(7) GOVERNMENT

term

Government of Puerto Rico means the Govern-

ment of Puerto Rico, including any department,

agency, or instrumentality of the Government of

Puerto Rico; any independent agency of Puerto Rico

10

or any other agency, board, or commission estab-

11

lished by the Governor or the Legislature; the Legis-

12

lature of Puerto Rico; and any other agency, public

13

authority, or public benefit corporation that has the

14

authority to receive money directly or indirectly from

15

Puerto Rico (other than monies received from the

16

sale of goods, the provision of services, or the loan-

17

ing of funds to Puerto Rico), except that such term

18

does not include the Oversight Board.

19
20

SEC. 404. RULES OF CONSTRUCTION.

Nothing in this Act may be construed

21

(1) to relieve any obligations existing as of the

22

date of the enactment of this Act of the Government

23

of Puerto Rico to repay any individual or entity

24

from whom Puerto Rico has borrowed funds, wheth-

25

er through the issuance of bonds or otherwise;

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1

(2) to limit the authority of Congress to exer-

cise ultimate legislative authority over Puerto Rico;

and

(3) to authorize the application of section

103(e) of this Act (relating to issuance of sub-

poenas) to judicial officers or employees of Puerto

Rico courts.

SEC. 405. EXPEDITED SUBMISSION AND APPROVAL OF CON-

9
10

SENSUS FISCAL PLAN AND BUDGET.

Notwithstanding any other provision of this section,

11 if the Governor, the Legislature, and the Oversight Board

12 jointly develop a Fiscal Plan and Budget for the fiscal
13 year that meets the requirements applicable under section
14 201, 202, and 204 and that the Governor, Legislature,
15 and Oversight Board certify reflects a consensus among
16 them
17

(1) such Fiscal Plan and Budget shall serve as

18

the Fiscal Plan and Budget of the Government of

19

Puerto Rico for the fiscal year adopted by the Legis-

20

lature under sections 202 and 204; and

21

(2) the Oversight Board shall transmit the Fis-

22

cal Plan and Budget to the President and Congress.

23
24

SEC. 406. AMENDMENT.

Section 362(a) of title 11, United States Code, is

25 amended by

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1
2

(1) striking , or an application and inserting

, an application; and

(2) adding or a petition filed under section

304(a) of the Territory Economic Stabilization and

Investor Protection Act of 2016, after 1970,.

6
7

SEC. 407. SEVERABILITY.

If any provision of this Act, or the application of any

8 provision of this Act, to any person or circumstance, is

9 found to be unconstitutional, the remainder of this Act,
10 or the application of the provision to other persons or cir11 cumstances, shall not be affected.
12

SEC. 408. RIGHT OF PUERTO RICO TO DETERMINE ITS FU-

13
14

TURE POLITICAL STATUS.

Nothing in this Act shall be interpreted to restrict

15 Puerto Ricos rights to determine its future political sta16 tus, including by conducting the plebiscite as authorized
17 by Public Law 11376.
18
19

SECTION 409. FIRST MINIMUM WAGE IN PUERTO RICO.

Section 6(g)(4) of the Fair Labor Standards Act of

20 1938 (29 U.S.C. 206(g)(4) is amended by striking years

21 and inserting years, except in the case of the wage appli22 cable in Puerto Rico, 25 years.

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1

SECTION 410. APPLICATION OF REGULATION TO PUERTO

2
3

RICO.

The regulations issued by the Secretary of Labor re-

4 lating to exemptions regarding the rates of pay for execu5 tive, administrative, professional, outside sales, and com6 puter employees, and published in the Federal Register
7 on July 6, 2015, shall have no force or effect in the Com8 monwealth of Puerto Rico.
9

SEC. 411. LAND CONVEYANCE AUTHORITY, VIEQUES NA-

10

TIONAL WILDLIFE REFUGE, VIEQUES ISLAND.

11

Section 1508(c) of the Floyd D. Spence National De-

12 fense Authorization Act for Fiscal Year 2001 (as enacted

13 into law by Public Law 106398; 114 Stat. 1654A356)
14 is amended
15
16

(1) by striking The Secretary and inserting

the following:

17
18

(1) IN

(2) by adding at the end the following new

paragraphs:

21

(2) CONVEYANCE

22

AUTHORITY.

(A) CONVEYANCE

AUTHORIZED,

PUR-

23

POSE.Except

24

(B), the Secretary of the Interior is authorized

25

to convey, without consideration, all or any por-

26

tion of the Conservation Zones transferred to

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as provided in para-

graph (2), the Secretary; and

19
20

GENERAL.Except

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1

the Secretary under subsection (a) to the Com-

monwealth of Puerto Rico for the purpose of

permitting the Commonwealth of Puerto Rico

to use or further convey the property for the

benefit of the Municipality of Vieques and its

residents.

(B) CERTAIN

EXCLUDED.The

conveyance authority provided by this para-

graph does not include the land encompassing

10

Solid Waste Management Unit 4, as depicted

11

on the map of former Naval Ammunition Sup-

12

port Detachment, Vieques, maintained by the

13

Naval Facilities Engineering Command.

14

(C)

INDEMNIFICATION.The

indem-

15

nification requirements and conditions specified

16

in section 1502(e) of this Act shall apply with

17

respect to the release or threatened release

18

(after the conveyance is made under this para-

19

graph) of any hazardous substance or pollutant

20

or contaminant as a result of Department of

21

Defense activities on the conveyed property.

22

(D) RELATION

TO COOPERATIVE AGREE-

23

MENT.The

24

under subsection (d)(1) shall no longer apply to

25

any portion of the Conservation Zones conveyed

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1

by the Secretary of the Interior under this

paragraph.

(E) RELATION

TO OTHER LAWS.Noth-

ing in this paragraph shall be construed to af-

fect the continued applicability of section

120(h) of the Comprehensive Environmental

Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9620(h)) and the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.)

10

to any portion of the Conservation Zones con-

11

veyed by the Secretary of the Interior under

12

this paragraph..

13

SECTION 412. STUDY AND REPORTS REGARDING PUERTO

14
15

RICO PUBLIC PENSION PLANS.

(a) STUDY

OF

PUERTO RICO PUBLIC PENSION

16 DEBT.Not later than 6 months after the establishment

17 of the Puerto Rico Financial Responsibility and Manage18 ment Assistance Authority, if any such Authority is estab19 lished, the Joint Board for the Enrollment of Actuaries
20 established under section 3041 of the Employee Retire21 ment Income Security Act of 1974 (29 U.S.C. 1241) shall
22 report to such Authority and the Office of Domestic Fi23 nance of the Department of the Treasury on the following
24 with respect to the Puerto Rico public pension plans:

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1

(1) Recommendations on actions that would be

necessary to ensure that such plans can be

sustainably maintained and funded by the govern-

ment of Puerto Rico for the next 20 years.

5
6

(2) Whether a freeze of future benefit accruals

under such plans is necessary or advisable.

(3) The extent to which benefit reductions to

core or ancillary benefits, such as have been made

in previous municipal bankruptcy proceedings, would

10

be necessary or advisable to attain sustainability for

11

such plans or create parity with payment reductions

12

applicable to retired individuals who are, directly or

13

indirectly, Puerto Rico bondholders.

14 The Joint Board may, in its discretion, seek assistance

15 from the Advisory Committee on Actuarial Examinations
16 of the Joint Board, and may expand the size of such com17 mittee as appropriate to accomplish the requirements of
18 this subsection in a timely manner.
19

(b) REPORTING REQUIREMENTS

FOR

PUERTO RICO

20 PUBLIC PENSION PLANS.

21

(1) IN

plan sponsor of a Puer-

22

to Rico public pension plan shall file with the Sec-

23

retary of the Treasury, or the Secretarys delegate

24

(referred to in this subsection as the Secretary),

25

in such form and manner as shall be prescribed by

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1

the Secretary, an actuarial statement for each plan

year ending on or after the date of the enactment

of this Act.

(2) REQUIREMENTS.

(A) TIMING

plan spon-

sor of a Puerto Rico public pension plan shall

make the filing required under paragraph (1)

for each plan year not later than 90 days after

the end of such plan year.

10

(B) INDEPENDENT

ACTUARY.The

actu-

11

arial statement required under paragraph (1)

12

for each plan year shall be prepared by an inde-

13

pendent actuary.

14

(C) FAIR

MARKET VALUE.The

actuarial

15

statement required under paragraph (1) shall

16

contain information regarding the fair market

17

value of the plans assets and liabilities, as de-

18

termined using a discount rate equal to

19

(i) the high yield of the 10-year

20

Treasury note auctioned at the final auc-

21

tion held prior to the last day of the plan

22

year,

23

(ii) the high yield of the 30-year

24

Treasury bond auctioned at the final auc-

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1

tion held prior to the last day of the plan

year, and

(iii) any other interest rate or rates

used by the plan to determine the value of

plan assets or liabilities.

(D) AVAILABILITY

OF

REPORTS.Upon

receipt of each actuarial statement described in

paragraph (1), the Secretary shall immediately

post such report on the Internet website of the

10

Department of the Treasury and transmit such

11

report to the Chair of the Securities and Ex-

12

change Commission and the Board of Directors

13

of the Municipal Securities Rulemaking Board.

14

(c) PUERTO RICO PUBLIC PENSION PLAN.For pur-

15 poses of this section, the term Puerto Rico public pension

16 plan means any of the following maintained by the gov17 ernment of Puerto Rico:
18

(1) The Employees Retirement System (ERS).

19

(2) The Teachers Retirement System (TRS).

20

(3) The Judiciary Retirement System (JRS).

21

(4) Any other pension plan sponsored by the

22

government of Puerto Rico, or any of its political

23

subdivision or public corporations.

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2

SEC. 413. AUTOMATIC STAY UPON ENACTMENT.

(a) IN GENERAL.Except as provided in subsection

3 (b) of this section, the establishment of a Oversight Board

4 for Puerto Rico in accordance with section 101 operates
5 with respect to a Bond as a stay, applicable to all entities
6 (as such term is defined in section 101 of title 11, United
7 States Code), of
8

(1) the commencement or continuation, includ-

ing the issuance or employment of process, of a judi-

10

cial, administrative, or other action or proceeding

11

against the Government of Puerto Rico that was or

12

could have been commenced before the enactment of

13

this Act, or to recover a Bond Claim against the

14

Government of Puerto Rico that arose before the en-

15

actment of this Act;

16

(2) the enforcement, against the Government of

17

Puerto Rico or against property of the Government

18

of Puerto Rico, of a judgment obtained before the

19

enactment of this Act;

20

(3) any act to obtain possession of property of

21

the Government of Puerto Rico or of property from

22

the Government of Puerto Rico or to exercise control

23

over property of the Government of Puerto Rico;

24

(4) any act to create, perfect, or enforce any

25

lien against property of the Government of Puerto

26

Rico;

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(5) any act to create, perfect, or enforce against

property of the Government of Puerto Rico any lien

to the extent that such lien secures a Bond Claim

that arose before the enactment of this Act;

(6) any act to collect, assess, or recover a Bond

Claim against the Government of Puerto Rico that

arose before the enactment of this Act; and

(7) the setoff of any debt owing to the Govern-

ment of Puerto Rico that arose before the enactment

10

of this Act against any Bond Claim against the Gov-

11

ernment of Puerto Rico.

12

(b) STAY NOT OPERABLE.The establishment of a

13 Oversight Board for Puerto Rico in accordance with sec14 tion 101 does not operate as a stay solely under subsection
15 (a)(1) of this section, of the continuation of, including the
16 issuance or employment of process, of a judicial, adminis17 trative, or other action or proceeding against the Govern18 ment of Puerto Rico that was commenced on or before
19 December 18, 2015.
20

(c) CONTINUATION

OF

STAY.Except as provided in

21 subsections (d), (e), and (f) the stay under subsection (a)
22 continues until the earlier of
23
24

(1) the date that is 18 months after the date

of enactment of this Act; or

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95
1

(2) with respect to the Government of Puerto

Rico, the date on which a case is filed by or on be-

half of the Government of Puerto Rico, as applica-

ble, under this title.

(d) JURISDICTION.

(1) The United States District Court for the

District of Puerto Rico shall have original and exclu-

sive jurisdiction of any civil actions arising under

this chapter.

10

(2) On motion of a party in interest and after

11

notice and a hearing, the United States District

12

Court for the District of Puerto Rico shall grant re-

13

lief from the stay provided under subsection (a) of

14

this section, such as by terminating, annulling,

15

modifying, or conditioning such stay for cause.

16

(e) TERMINATION

OF

STAY; HEARING.Thirty days

17 after a request under subsection (d) for relief from the

18 stay of any act against property of the Government of
19 Puerto Rico under subsection (a), such stay is terminated
20 with respect to the party in interest making such request,
21 unless the court, after notice and a hearing, orders such
22 stay continued in effect pending the conclusion of, or as
23 a result of, a final hearing and determination under sub24 section (d). A hearing under this subsection may be a pre25 liminary hearing, or may be consolidated with the final

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96
1 hearing under subsection (d). The court shall order such
2 stay continued in effect pending the conclusion of the final
3 hearing under subsection (d) if there is a reasonable likeli4 hood that the party opposing relief from such stay will
5 prevail at the conclusion of such final hearing. If the hear6 ing under this subsection is a preliminary hearing, then
7 such final hearing shall be concluded not later than thirty
8 days after the conclusion of such preliminary hearing, un9 less the 30-day period is extended with the consent of the
10 parties in interest or for a specific time which the court
11 finds is required by compelling circumstances.
12

(f) RELIEF

TO

PREVENT IRREPARABLE DAMAGE.

13 Upon request of a party in interest, the court, with or

14 without a hearing, shall grant such relief from the stay
15 provided under subsection (a) as is necessary to prevent
16 irreparable damage to the interest of an entity in property,
17 if such interest will suffer such damage before there is
18 an opportunity for notice and a hearing under subsection
19 (d) or (e).
20
21

(g) NO FORCE
TION.No

OR

EFFECT

OF

STAY

IN

VIOLA-

order, judgment, or decree entered in violation

22 of this section shall have any force or effect.

23

(h) GOVERNMENT

OF

PUERTO RICO.For purposes

24 of this chapter, the term Government of Puerto Rico

25 shall be understood to include the directors and officers

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97
1 of and employees acting in their official capacity on behalf
2 of the Government of Puerto Rico, as well as the Oversight
3 Board.
4

(i) NO DEFAULT UNDER EXISTING CONTRACTS.

(1) Notwithstanding any contractual provision

or applicable law to the contrary and so long as a

stay under this section is in effect, the holder of a

Bond Claim or any other claim (as such term is de-

fined in section 101 of title 11, United States Code)

10

may not exercise or continue to exercise any remedy

11

under a contract or applicable law

12

(A) that is conditioned upon the financial

13

condition of, or the commencement of a restruc-

14

turing, insolvency, bankruptcy, or other pro-

15

ceeding (or a similar or analogous process) by,

16

the Government of Puerto Rico, including a de-

17

fault or an event of default thereunder; or

18

(B) solely with respect to Bond Claims

19

(i) for the non-payment of principal or

20

interest; or

21

(ii) for the breach of any condition or

22

covenant.

23

(2) The term remedy as used in paragraph

24

(1) shall be interpreted broadly, and shall include

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98
1

any right existing in law or contract, and any right

to

(A) setoff;

(B) apply or appropriate funds;

(C) seek the appointment of a custodian;

(D) seek to raise rates; or

(E) exercise control over property of the

Government of Puerto Rico.

(3) Notwithstanding any contractual provision

10

or applicable law to the contrary and so long as a

11

stay under this section is in effect, a contract to

12

which the Government of Puerto Rico is a party may

13

not be terminated or modified, and any right or obli-

14

gation under such contract may not be terminated

15

or modified, solely because of a provision in such

16

contract conditioned on

17

(A) the insolvency or financial condition of

18

the Government of Puerto Rico at any time

19

prior to the effectiveness of the stay under this

20

section;

21

(B) the adoption of a resolution or estab-

22

lishment of a Oversight Board pursuant to sec-

23

tion 101 of this Act; or

24

(C) a default under a separate contract

25

that is due to, triggered by, or a result of the

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99
1

occurrence of the events or matters in subpara-

graph (i)(1)(B).

(4) Notwithstanding any contractual provision

to the contrary and so long as a stay under this sec-

tion is in effect, a counterparty to a contract with

the Government of Puerto Rico for the provision of

goods and services shall, unless the Government of

Puerto Rico advises to the contrary in writing, con-

tinue to perform all obligations under, and comply

10

with the terms of, such contract so long as a stay

11

under this section is in effect, provided that the Gov-

12

ernment of Puerto Rico is not in default under such

13

contract other than as a result of a condition speci-

14

fied in paragraph (3).

TITLE VPUERTO RICO

REVITALIZATION ACT

15
16
17

SEC. 501. DEFINITIONS.

18

In this title:

19

(1) ACT

term Act 76 means Puerto

20

Rico Act 76-2000 (3 L.P.R.A. 1931 et seq.), ap-

21

proved on May 5, 2000, as amended.

22

(2) OVERSIGHT

BOARD.The

term Oversight

23

Board means the Puerto Rico Financial Oversight

24

and Management Assistance Board as defined by

25

section 101 of this Act.

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100
1

(3) CRITICAL

term Critical

Project means a project identified under the provi-

sions of this title and intimately related to address-

ing an emergency, as defined by section 1 of Act 76

(3 L.P.R.A. 1931), whose approval, consideration,

permitting, and implementation shall be expedited

and streamlined according to the statutory process

provided by Act 76, or otherwise adopted pursuant

to this title.

10

(4) ENERGY

PROJECTS.The

term Energy

11

Projects means those projects addressing the gen-

12

eration, distribution, or transmission of energy, nat-

13

ural gas, and similar fuels.

14

(5)

EMERGENCY.The

term

emergency

15

means any event or grave problem of deterioration

16

in the physical infrastructure for the rendering of

17

essential services to the people, or that endangers

18

the life, public health, or safety of the population or

19

of a sensitive ecosystem. This shall include problems

20

in the physical infrastructure for energy, water,

21

sewer, solid waste, highways or roads, ports, tele-

22

communications and other similar infrastructure.

23

(6) ENVIRONMENTAL

QUALITY

BOARD.The

24

term Environmental Quality Board means the

25

Puerto Rico Environmental Quality Board, a board

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101
1

within the executive branch of the Government of

Puerto Rico as established by section 7 of the Puer-

to Rico Act 4162004 (12 L.P.R.A. 8002a).

(7) EXPEDITED

term Expedited Permitting Process means a Puer-

to Rican Agencys alternate procedures and terms

mirroring those established under section 2 of Act

76 (3 L.P.R.A. 1932).

(8) FISCAL

PLAN.The

term Fiscal Plan

10

means the Fiscal Plan as defined by section 204

11

of this Act.

12
13

(9) GOVERNOR.The term Governor means

the Governor of Puerto Rico.

14

(10)

INTERAGENCY

ENVIRONMENTAL

SUB-

15

COMMITTEE.The

16

mental Subcommittee means the Interagency Sub-

17

committee on Expedited Environmental Regulations

18

as defined by section 4 of Act 76 (3 L.P.R.A. 1934),

19

and adopted pursuant to this title.

20
21

Term

Interagency

Environ-

(11) LEGISLATURE.The term Legislature

means the Legislature of Puerto Rico.

22

(12) PLANNING

BOARD.The

term Planning

23

Board means the Puerto Rico Planning Board, a

24

board within the executive branch of the Govern-

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102
1

ment of Puerto Rico established by Act 75-1975 (23

L.P.R.A. 62 et seq).

(13) PUERTO

RICAN AGENCY OR AGENCIES.

The terms Puerto Rican Agency or Puerto Rican

Agencies means any board, body, Board of exam-

iners, public corporation, commission, independent

office, division, administration, bureau, department,

Oversight Board, official, person, entity, munici-

pality, or any instrumentality of the Commonwealth

10

of Puerto Rico, or an administrative body authorized

11

by law to perform duties of regulating, investigating,

12

or that may issue a decision, or with the power to

13

issue licenses, certificates, permits, concessions, ac-

14

creditations, privileges, franchises, except the Senate

15

and the House of Representatives of the Legislature

16

and the Judicial Branch..

17
18

SEC. 502. POSITION OF REVITALIZATION COORDINATOR.

(a) ESTABLISHMENT.There is established, under

19 the Oversight Board, the position of the Revitalization Co20 ordinator.

21

(b) APPOINTMENT.

22

(1) IN

Revitalization Coordi-

23

nator shall be appointed by the Governor as follows:

24

(A) Prior to the appointment of the Revi-

25

talization Coordinator, the Oversight Board

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103
1

shall submit to the Governor no less than three

nominees for appointment.

(B) In consultation with the Oversight

Board, not later than 10 days after receiving

the nominations under subparagraph (A), the

Governor shall select one of the nominees as the

Revitalization Coordinator. Such nomination

shall be effective immediately.

(C) If the Governor fails to select a Revi-

10

talization Coordinator, the Oversight Board

11

shall, by majority vote, select a Revitalization

12

Coordinator from the list of nominees provided

13

under paragraph (A).

14

(2) QUALIFICATIONS.In selecting nominees

15

under paragraph (1)(A), the Oversight Board shall

16

only nominate persons who

17

(A) have substantial knowledge and exper-

18

tise in the planning, pre-development, financing

19

and development of infrastructure projects, pro-

20

vided that stronger consideration shall be given

21

to candidates who have experience with energy

22

infrastructure projects;

23

(B) does not currently provide, or in the

24

preceding 3 calendar years provided, goods or

25

services to the government of Puerto Rico (and

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104
1

is not the spouse, parent, child, or sibling of an

individual who provides or has provided goods

and services to the government of Puerto Rico

in the preceding 3 calendar years); and

(C) not be an officer, employee of, or

former officer or employee of the government of

Puerto Rico in the preceding 3 calendar years.

(3) COMPENSATION.The Revitalization Coor-

dinator shall be compensated at an annual rate de-

10

termined by the Oversight Board sufficient in the

11

judgment of the Oversight Board to obtain the serv-

12

ices of an individual with the skills and experience

13

required to discharge the duties of the position.

14

(c) ASSIGNMENT

OF

PERSONNEL.The Executive

15 Director of the Oversight Board may assign Oversight

16 Board personnel to assist the Revitalization Coordinator.
17

(d) REMOVAL.

18

(1) IN

Revitalization Coordi-

19

nator may be removed for cause by the Oversight

20

Board.

21

(2) TERMINATION

OF

POSITION.Upon

the

22

termination of the Oversight Board, the position

23

of the Revitalization Coordinator shall be termi-

24

nated.

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105
1
2

SEC. 503. CRITICAL PROJECTS.

(a) IDENTIFICATION OF PROJECTS.

(1) PROJECT

project spon-

sor may submit any existing, ongoing, or proposed

project to the Revitalization Coordinator, and the

relevant Puerto Rican Agencies for consideration as

a Critical Project. Such submission shall include:

(A) The impact the project will have on an

emergency.

10

(B) The availability of immediate private

11

capital or other funds, including, loan guaran-

12

tees, loans, or grants, to implement the project.

13

(C) Economic benefits provided by the

14

project, including the number of jobs to be cre-

15

ated.

16

(D) The status of the project if it is exist-

17

ing or ongoing.

18

(E) Additional criteria the Revitalization

19

Coordinator, in consultation with the Governor,

20

deems appropriate.

21

(F) In addition to the requirements found

22

in paragraphs (A) through (E), the following

23

criteria apply to Energy Projects and how the

24

project will

25

(i) reduce reliance on oil for electric

26

generation in Puerto Rico;

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106
1

(ii) improve performance of energy in-

frastructure and overall energy efficiency;

(iii) expedite the diversification and

conversion of fuel sources for electric gen-

eration from oil to natural gas, and renew-

ables in Puerto Rico;

(iv) promote the development and uti-

lization of energy sources found on Puerto

Rico;

10

(v) contribute to transitioning to

11

privatized generation capacities for the

12

Puerto Rico Electric Power Authority; and

13

(vi) additional criteria the Revitaliza-

14

tion Coordinator, in consultation with the

15

Governor, deems appropriate.

16
17

(2) CERTIFICATION
TING PROCESS.

18

(A) Not later than 20 days after receiv-

19

ing a project submission, each Puerto Rican

20

Agency identified in paragraph (1) shall submit

21

to the Revitalization Coordinator the Agencys

22

Expedited Permitting Process.

23

(B) Failure to Provide Expedited Permit-

24

ting Process - If a Puerto Rican Agency fails

25

to provide an Expedited Permitting Process

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107
1

within 10 days of receiving a project submis-

sion, the Revitalization Coordinator shall

(i) consult with the Governor of Puer-

to Rico to develop within 10 days an

Expedited Permitting Process for the

Agency; and

(ii) require such Puerto Rican Agency

to implement the developed Expedited Per-

mitting Process pursuant to the Oversight

10

Boards ability to establish and impose

11

regulations under section 208(d) of this

12

Act.

13

(b) CRITICAL PROJECT REPORT.

14

(1) IN

each submitted project,

15

the Revitalization Coordinator in consultation with

16

the relevant Puerto Rican Agencies identified in sub-

17

section (a)(1) shall develop a Critical Project Report

18

within 60 days from the submission of the

19

project, which shall include:

20

(A) An assessment of how well the project

21

meets the criteria in subsection (a)(1).

22

(B) A recommendation by the Governor on

23

whether the project should be considered a Crit-

24

ical Project. If the Governor fails to provide a

25

recommendation, the failure shall constitute a

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108
1

concurrence with the Revitalization Coordina-

tors recommendation in paragraph (C).

(C) A recommendation by the Revitaliza-

tion Coordinator on whether the project should

be considered a Critical Project.

(2) SUBMISSION

TO OVERSIGHT BOARD.Not

later than 5 daysafter finalizing a Critical Project

Report, the Revitalization Coordinator shall submit

it to the Oversight Board.

10

(c) ACTION

BY THE

OVERSIGHT BOARD.Not later

11 than 30 days after receiving the Critical Project Report,

12 the Oversight Board, by majority vote, shall approve or
13 disapprove the project as a Critical Project, if the Over14 sight Board
15
16

(1) approves the project, the project shall be

deemed a Critical Project;

17

(2) disapproves the project, the Oversight

18

Board shall submit to the Revitalization Coordinator

19

in writing the reasons for disapproval; and

20

(3) fails to act and the Revitalization Coordi-

21

nator had recommended the project be deemed a

22

Critical Project, then the project shall be deemed a

23

Critical Project.

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109
1
2

SEC. 504. MISCELLANEOUS PROVISIONS.

(a) CREATION

OF

INTERAGENCY ENVIRONMENTAL

3 SUBCOMMITTEE.
4

(1) ESTABLISHMENT.Not later than 60 days

after the date on which the Revitalization Coordi-

nator is appointed, the Interagency Environmental

Subcommittee shall be established in accordance

with the provisions of section 4 of Act 76 (3

L.P.R.A. 1934), and shall evaluate environmental

10

documents required under Puerto Rican law for any

11

Critical Project within the Expedited Permitting

12

Process.

13

(2) COMPOSITION.The Interagency Environ-

14

mental Subcommittee shall consist of the Revitaliza-

15

tion Coordinator, and a representative selected by

16

the Governor in consultation with the Revitalization

17

Coordinator representing each of the following agen-

18

cies the Environmental Quality Board, the Planning

19

Board, the Puerto Rico Department of Natural and

20

Environmental Resources, and any other Puerto

21

Rican Agency determined to be relevant by the Revi-

22

talization Coordinator.

23

(b) REGULATIONS, ORDERS,

AND

CONTRACTS.The

24 Revitalization Coordinator shall approve or disapprove of

25 any action taken by the Governor pursuant to or mirroring
26 section 11 of Act 76 (3 L.P.R.A. 1941). If the Revitalizaf:\VHLC\032916\032916.123.xml
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110
1 tion Coordinator disapproves such action, the Oversight
2 Board shall review such action within 30 days and shall
3 ratify the Revitalization Coordinators disapproval by ma4 jority vote. In such case, the Governors action shall be
5 null and void. If the Oversight Board fails to act within
6 30 days or fails to ratify the Revitalization Coordinators
7 decision, the Governors action shall be ratified.
8

(c) SPECIFIC COMPLIANCE

OF

BOARDS.The Envi-

9 ronmental Quality Board and the Planning Board must

10 adopt and follow the specific provisions of Act 76 directed
11 towards each board, and take whatever actions may be
12 necessary to comply with the intent of this title.
13
14

(d) LENGTH
ESS.For

OF

EXPEDITED PERMITTING PROC-

each Critical Project, Puerto Rican Agencies

15 shall operate as if the Governor has declared an emergency

16 pursuant to section 2 of Act 76 (3 L.P.R.A. 1932). Sec17 tion 12 of Act 76 (3 L.P.R.A. 1942) shall not be applica18 ble to Critical Projects.
19
20

(e) EXPEDITED PERMITTING PROCESS COMPLIANCE.

21

(1) WRITTEN

Critical Project

22

sponsor may in writing notify the Revitalization Co-

23

ordinator or the Oversight Board of a Puerto Rican

24

Agencys, or the Revitalization Coordinators failure

25

to adhere to the Expedited Permitting Process.

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111
1

(2) FINDING

OF FAILURE.If

the Revitaliza-

tion Coordinator or the Oversight Board finds the

Critical Sponsors notification to have merit, the Re-

vitalization Coordinator or the Oversight Board shall

direct the offending party to comply with the Expe-

dited Permitting Process. The Oversight Board may

take such enforcement action as necessary as pro-

vided by section 104(j).

(e) REVIEW OF LEGISLATURE ACTS.

10

(1) SUBMISSION

OF

ACTS

TO

OVERSIGHT

11

BOARD.The

12

tion Coordinator and Oversight Board of any pro-

13

posed act of the Legislature that may affect the Ex-

14

pedited Permitting Process.

15

Legislature shall notify the Revitaliza-

(2) FINDING

OF OVERSIGHT BOARD.Upon

re-

16

ceipt of an act from the Legislature under para-

17

graph (1), the Oversight Board shall promptly re-

18

view whether the proposed act would hinder the Ex-

19

pedited Permitting Process, and upon such a find-

20

ing, the act shall be deemed contrary to the Fiscal

21

Plan and shall undergo the review process as identi-

22

fied by section 205(a).

23

(f) PROHIBITION

24

TIONS.No

OF

CERTAIN TERMS

AND

CONDI-

Puerto Rican Agency may include in any cer-

25 tificate, right-of-way, permit, lease, or other authorization

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112
1 issued for a Critical Project any term or condition that
2 may be permitted, but is not required, by any applicable
3 law, if the Revitalization Coordinator determines the term
4 or condition would prevent or impair the expeditious con5 struction, operation, or expansion of the Critical Project.
6
7

SEC. 505. FEDERAL AGENCY REQUIREMENTS.

(a) FEDERAL POINTS

OF

CONTACT.At the request

8 of the Revitalization Coordinator and within 30 days

9 of receiving such a request, each federal agency with juris10 diction over the permitting, or administrative or environ11 mental review of private or public projects on Puerto Rico,
12 shall name a Point of Contact who will serve as that agen13 cys liaison with the Revitalization Coordinator.
14

(b) FEDERAL GRANTS

AND

LOANS.For each Crit-

15 ical Project with a pending or potential Federal grant,

16 loan, or loan guarantee application, the Revitalization Co17 ordinator shall cooperate with the relevant Point of Con18 tact, and vice-versa, to ensure expeditious review of such
19 application.
20

(c) EXPEDITED REVIEWS AND ACTIONS OF FEDERAL

21 AGENCIES.All reviews conducted and actions taken by

22 any Federal agency relating to a Critical Project, shall be
23 expedited in a manner consistent with completion of the
24 necessary reviews and approvals by the deadlines under
25 the Expedited Permitting Process, but in no way shall the

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113
1 deadlines established through the Expedited Permitting
2 Process be binding on any Federal agency.
3

(d) NEPA.No action undertaken by a Federal enti-

4 ty regarding a Critical Project shall be considered a major

5 Federal action for purposes of the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4332).
7
8

SEC. 506. JUDICIAL REVIEW.

(a) EXCLUSIVE JURISDICTION.Except for review by

9 the U.S. Supreme Court on writ of certiorari, the United

10 States District Court for the District of Puerto Rico shall
11 have original and exclusive jurisdiction to determine
12

(1) the validity of any final order or action (in-

13

cluding a failure to act) of any Federal or Puerto

14

Rican agency or officer under this title;

15
16

(2) the constitutionality of any provision, or any

decision made or action taken under this title; or

17

(3) the adequacy of any environmental review

18

with respect to any action under this title.

19

(b) DEADLINE

FOR

FILING

OF A

CLAIM.A claim

20 arising under this title must be brought no later than 30

21 days after the date of the decision or action giving rise
22 to the claim.
23

(c)

EXPEDITED

CONSIDERATION.The

District

24 Court for the District of Puerto Rico shall set any action
25 brought under subsection (a) for expedited consideration,

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114
1 taking into account the national interest of enhancing
2 Puerto Ricos infrastructure for electricity, water and
3 sewer services, roads and bridges, ports, and solid waste
4 management to achieve compliance with local and federal
5 environmental laws, regulations and policies while ensur6 ing the continuity of adequate services to the people of
7 Puerto Rico and the Commonwealths sustainable eco8 nomic development.
9
10

SEC. 507. SUPREMACY.

The provisions of this title shall prevail over any gen-

11 eral or special provision of Puerto Rican law or regulation

12 that is inconsistent therewith.
13
14

SEC. 508. SEVERABILITY.

If any provision of this title, or the application of

15 such a provision to any person or circumstance, is held

16 to be unconstitutional, the remainder of this title and the
17 application of the remaining provisions of this title to any
18 person or circumstance shall not be affected thereby.
19
20

SEC. 509. INTERVENTION IN LITIGATION.

(a) INTERVENTION.The Oversight Board may in-

21 tervene in any litigation filed against the government of

22 Puerto Rico.
23

(b) INJUNCTIVE RELIEF.

24
25

(1) IN

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tervenes in a litigation under subsection (a), the

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115
1

Oversight Board may seek injunctive relief, including

a stay of litigation.

(2) NO

This Act does not create an independent basis on

which injunctive relief, including a stay of litigation,

may be granted.

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INDEPENDENT BASIS FOR RELIEF.

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