Collapse to view only § 2192. Right of Puerto Rico to determine its future political status
- § 2191. Rules of construction
- § 2192. Right of Puerto Rico to determine its future political status
- § 2193. Application of regulation to Puerto Rico
- § 2194. Automatic stay upon enactment
- § 2195. Protection from inter-debtor transfers
- § 2196. Congressional Task Force on Economic Growth in Puerto Rico
- § 2197. Report
- § 2198. Report on territorial debt
- § 2199. Expansion of HUBZones in Puerto Rico
- § 2200. Determination on debt
§ 2191. Rules of construction
Nothing in this chapter is intended, or may be construed—
(1) to limit the authority of Congress to exercise legislative authority over the territories pursuant to Article IV, section 3 of the Constitution of the United States;
(2) to authorize the application of section 2124(f) of this title (relating to issuance of subpoenas) to judicial officers or employees of territory courts;
(3) to alter, amend, or abrogate any provision of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 et seq.); or
(4) to alter, amend, or abrogate the treaties of cession regarding certain islands of American Samoa (48 U.S.C. 1661).
(Pub. L. 114–187, title IV, § 401, June 30, 2016, 130 Stat. 585.)
§ 2192. Right of Puerto Rico to determine its future political status
Nothing in this chapter shall be interpreted to restrict Puerto Rico’s right to determine its future political status, including by conducting the plebiscite as authorized by Public Law 113–76.
(Pub. L. 114–187, title IV, § 402, June 30, 2016, 130 Stat. 586.)
§ 2193. Application of regulation to Puerto Rico
(a) Special rule
The regulations proposed by the Secretary of Labor relating to exemptions regarding the rates of pay for executive, administrative, professional, outside sales, and computer employees, and published in a notice in the Federal Register on July 6, 2015, and any final regulations issued related to such notice, shall have no force or effect in the Commonwealth of Puerto Rico until—
(1) the Comptroller General of the United States completes the assessment and transmits the report required under subsection (b); and
(2) the Secretary of Labor, taking into account the assessment and report of the Comptroller General, provides a written determination to Congress that applying such rule to Puerto Rico would not have a negative impact on the economy of Puerto Rico.
(b) Assessment and report
(c) Sense of Congress
It is the sense of Congress that—
(1) the Bureau of the Census should conduct a study to determine the feasibility of expanding data collection to include Puerto Rico and the other United States territories in the Current Population Survey, which is jointly administered by the Bureau of the Census and the Bureau of Labor Statistics, and which is the primary source of labor force statistics for the population of the United States; and
(2) if necessary, the Bureau of the Census should request the funding required to conduct this feasibility study as part of its budget submission to Congress for fiscal year 2018.
(Pub. L. 114–187, title IV, § 404, June 30, 2016, 130 Stat. 586.)
§ 2194. Automatic stay upon enactment
(a) DefinitionsIn this section:
(1) LiabilityThe term “Liability” means a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness for borrowed money, including rights, entitlements, or obligations whether such rights, entitlements, or obligations arise from contract, statute, or any other source of law related to such a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness in physical or dematerialized form, of which—
(A) the issuer, obligor, or guarantor is the Government of Puerto Rico; and
(B) the date of issuance or incurrence precedes June 30, 2016.
(2) Liability ClaimThe term “Liability Claim” means, as it relates to a Liability—
(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or
(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
(b) In generalExcept as provided in subsection (c) of this section, the establishment of an Oversight Board for Puerto Rico (i.e., the enactment of this chapter) in accordance with section 2121 of this title operates with respect to a Liability as a stay, applicable to all entities (as such term is defined in section 101 of title 11), of—
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Government of Puerto Rico that was or could have been commenced before the enactment of this chapter, or to recover a Liability Claim against the Government of Puerto Rico that arose before the enactment of this chapter;
(2) the enforcement, against the Government of Puerto Rico or against property of the Government of Puerto Rico, of a judgment obtained before the enactment of this chapter;
(3) any act to obtain possession of property of the Government of Puerto Rico or of property from the Government of Puerto Rico or to exercise control over property of the Government of Puerto Rico;
(4) any act to create, perfect, or enforce any lien against property of the Government of Puerto Rico;
(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 Liability Claim that arose before the enactment of this chapter;
(6) any act to collect, assess, or recover a Liability Claim against the Government of Puerto Rico that arose before the enactment of this chapter; and
(7) the setoff of any debt owing to the Government of Puerto Rico that arose before the enactment of this chapter against any Liability Claim against the Government of Puerto Rico.
(c) Stay not operableThe establishment of an Oversight Board for Puerto Rico in accordance with section 2121 of this title does not operate as a stay—
(1) solely under subsection (b)(1) of this section, of the continuation of, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Government of Puerto Rico that was commenced on or before December 18, 2015; or
(2) of the commencement or continuation of an action or proceeding by a governmental unit to enforce such governmental unit’s or organization’s police and regulatory power, including the enforcement of a judgment other than a money judgment, obtained in an action or proceeding by the governmental unit to enforce such governmental unit’s or organization’s police or regulatory power.
(d) Continuation of stayExcept as provided in subsections (e), (f), and (g) the stay under subsection (b) continues until the earlier of—
(1) the later of—
(A) the later of—
(i)February 15, 2017; or
(ii) six months after the establishment of an Oversight Board for Puerto Rico as established by section 2121(b) of this title;
(B) the date that is 75 days after the date in subparagraph (A) if the Oversight Board delivers a certification to the Governor that, in the Oversight Board’s sole discretion, an additional 75 days are needed to seek to complete a voluntary process under subchapter VI of this chapter with respect to the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities; or
(C) the date that is 60 days after the date in subparagraph (A) if the district court to which an application has been submitted under subparagraph 1
1 So in original. Probably should be “section”.
2231(m)(1)(D) of this title determines, in the exercise of the court’s equitable powers, that an additional 60 days are needed to complete a voluntary process under subchapter VI of this chapter with respect to the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities; or(2) with respect to the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities, the date on which a case is filed by or on behalf of the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities, as applicable, under subchapter III.
(e) Jurisdiction, relief from stay
(1) The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil actions arising under or related to this section.
(2) On motion of or action filed by a party in interest and after notice and a hearing, the United States District Court for the District of Puerto Rico, for cause shown, shall grant relief from the stay provided under subsection (b) of this section.
(f) Termination of stay; hearing
(g) Relief to prevent irreparable damage
(h) Act in violation of stay is void
(i) Government of Puerto RicoFor purposes of this section, the term “Government of Puerto Rico”, in addition to the definition set forth in section 2104(11) of this title, shall include—
(1) the individuals, including elected and appointed officials, directors, officers of and employees acting in their official capacity on behalf of the Government of Puerto Rico; and
(2) the Oversight Board, including the directors and officers of and employees acting in their official capacity on behalf of the Oversight Board.
(j) No default under existing contracts
(1)
(A) that is conditioned upon the financial condition of, or the commencement of a restructuring, insolvency, bankruptcy, or other proceeding (or a similar or analogous process) by, the Government of Puerto Rico, including a default or an event of default thereunder; or
(B) with respect to Liability Claims—
(i) for the non-payment of principal or interest; or
(ii) for the breach of any condition or covenant.
(2) The term “remedy” as used in paragraph (1) shall be interpreted broadly, and shall include any right existing in law or contract, including any right to—
(A) setoff;
(B) apply or appropriate funds;
(C) seek the appointment of a custodian (as such term is defined in section 101(11) of title 11);
(D) seek to raise rates; or
(E) exercise control over property of the Government of Puerto Rico.
(3) Notwithstanding any contractual provision or applicable law to the contrary and so long as a stay under this section is in effect, a contract to which the Government of Puerto Rico is a party may not be terminated or modified, and any right or obligation under such contract may not be terminated or modified, solely because of a provision in such contract is conditioned on—
(A) the insolvency or financial condition of the Government of Puerto Rico at any time prior to the enactment of this chapter;
(B) the adoption of a resolution or establishment of an Oversight Board pursuant to section 2121 of this title; or
(C) a default under a separate contract that is due to, triggered by, or a result of the occurrence of the events or matters in paragraph (1)(B).
(4) Notwithstanding any contractual provision to the contrary and so long as a stay under this section 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 agrees to the contrary in writing, continue to perform all obligations under, and comply with the terms of, such contract, provided that the Government of Puerto Rico is not in default under such contract other than as a result of a condition specified in paragraph (3).
(k) Effect
(l) Payments on Liabilities
(m) FindingsCongress finds the following:
(1) A combination of severe economic decline, and, at times, accumulated operating deficits, lack of financial transparency, management inefficiencies, and excessive borrowing has created a fiscal emergency in Puerto Rico.
(2) As a result of its fiscal emergency, the Government of Puerto Rico has been unable to provide its citizens with effective services.
(3) The current fiscal emergency has also affected the long-term economic stability of Puerto Rico by contributing to the accelerated outmigration of residents and businesses.
(4) A comprehensive approach to fiscal, management, and structural problems and adjustments that exempts no part of the Government of Puerto Rico is necessary, involving independent oversight and a Federal statutory authority for the Government of Puerto Rico to restructure debts in a fair and orderly process.
(5) Additionally, an immediate—but temporary—stay is essential to stabilize the region for the purposes of resolving this territorial crisis.
(A) The stay advances the best interests common to all stakeholders, including but not limited to a functioning independent Oversight Board created pursuant to this chapter to determine whether to appear or intervene on behalf of the Government of Puerto Rico in any litigation that may have been commenced prior to the effectiveness or upon expiration of the stay.
(B) The stay is limited in nature and narrowly tailored to achieve the purposes of this chapter, including to ensure all creditors have a fair opportunity to consensually renegotiate terms of repayment based on accurate financial information that is reviewed by an independent authority or, at a minimum, receive a recovery from the Government of Puerto Rico equal to their best possible outcome absent the provisions of this chapter.
(6) Finally, the ability of the Government of Puerto Rico to obtain funds from capital markets in the future will be severely diminished without congressional action to restore its financial accountability and stability.
(n) PurposesThe purposes of this section are to—
(1) provide the Government of Puerto Rico with the resources and the tools it needs to address an immediate existing and imminent crisis;
(2) allow the Government of Puerto Rico a limited period of time during which it can focus its resources on negotiating a voluntary resolution with its creditors instead of defending numerous, costly creditor lawsuits;
(3) provide an oversight mechanism to assist the Government of Puerto Rico in reforming its fiscal governance and support the implementation of potential debt restructuring;
(4) make available a Federal restructuring authority, if necessary, to allow for an orderly adjustment of all of the Government of Puerto Rico’s liabilities; and
(5) benefit the lives of 3.5 million American citizens living in Puerto Rico by encouraging the Government of Puerto Rico to resolve its longstanding fiscal governance issues and return to economic growth.
(o) Voting on voluntary agreements not stayed
(Pub. L. 114–187, title IV, § 405, June 30, 2016, 130 Stat. 587.)
§ 2195. Protection from inter-debtor transfers
(a) Protection of creditors
(b) Enforceability
(Pub. L. 114–187, title IV, § 407, June 30, 2016, 130 Stat. 592.)
§ 2196. Congressional Task Force on Economic Growth in Puerto Rico
(a) Establishment
(b) Membership
The Task Force shall be composed of eight members as follows:
(1) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Natural Resources of the House of Representatives.
(2) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Ways and Means of the House of Representatives.
(3) One member of the House of Representatives, who shall be appointed by the Minority Leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Natural Resources of the House of Representatives.
(4) One member of the House of Representatives, who shall be appointed by the Minority Leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Ways and Means of the House of Representatives.
(5) One member of the Senate, who shall be appointed by the Majority Leader of the Senate, in coordination with the Chairman of the Committee on Energy and Natural Resources of the Senate.
(6) One member of the Senate, who shall be appointed by the Majority Leader of the Senate, in coordination with the Chairman of the Committee on Finance of the Senate.
(7) One member of the Senate, who shall be appointed by the Minority Leader of the Senate, in coordination with the ranking minority member of the Committee on Energy and Natural Resources of the Senate.
(8) One member of the Senate, who shall be appointed by the Minority Leader of the Senate, in coordination with the ranking minority member of the Committee on Finance of the Senate.
(c) Deadline for appointment
(d) Chair
(e) Vacancies
(f) Status update
Between September 1, 2016, and September 15, 2016, the Task Force shall provide a status update to the House and Senate that includes—
(1) information the Task Force has collected; and
(2) a discussion on matters the chairman of the Task Force deems urgent for consideration by Congress.
(g) Report
Not later than December 31, 2016, the Task Force shall issue a report of its findings to the House and Senate regarding—
(1) impediments in current Federal law and programs to economic growth in Puerto Rico including equitable access to Federal health care programs;
(2) recommended changes to Federal law and programs that, if adopted, would serve to spur sustainable long-term economic growth, job creation, reduce child poverty, and attract investment in Puerto Rico;
(3) the economic effect of Administrative Order No. 346 of the Department of Health of the Commonwealth of Puerto Rico (relating to natural products, natural supplements, and dietary supplements) or any successor or substantially similar order, rule, or guidance of the Commonwealth of Puerto Rico; and
(4) additional information the Task Force deems appropriate.
(h) Consensus views
(i) Hearings and sessions
(j) Stakeholder participation
(k) Resources
(l) Termination
(Pub. L. 114–187, title IV, § 409, June 30, 2016, 130 Stat. 593.)
§ 2197. Report
Not later than 18 months after June 30, 2016, the Comptroller General shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate describing—
(1) the conditions which led to the level of debt, which should be analyzed, per capita and based upon overall economic activity;
(2) how actions of the territorial government improved or impaired the territory’s financial conditions; and
(3) recommendations on non-fiscal actions, or policies that would not imperil America’s homeland and national security, that could be taken by Congress or the Administration to avert future indebtedness of territories, while respecting sovereignty and constitutional parameters.
(Pub. L. 114–187, title IV, § 410, June 30, 2016, 130 Stat. 594.)
§ 2198. Report on territorial debt
(a) Report required
Not later than one year after June 30, 2016, and thereafter not less than once every two years, the Comptroller General of the United States shall submit to Congress a report on the public debt of each territory, including—
(1) the historical levels of each territory’s public debt, current amount and composition of each territory’s public debt, and future projections of each territory’s public debt;
(2) the historical levels of each territory’s revenue, current amount and composition of each territory’s revenue, and future projections of each territory’s revenue;
(3) the drivers and composition of each territory’s public debt;
(4) the effect of Federal laws, mandates, rules, and regulations on each territory’s public debt; and
(5) the ability of each territory to repay it’s 1
1 So in original. Probably should be “its”.
public debt.(b) Materials
(Pub. L. 114–187, title IV, § 411, June 30, 2016,
§ 2199. Expansion of HUBZones in Puerto Rico
(a) Omitted
(b) Improving oversight
(1) Guidance
(2) Assessment
Not later 1 year after the date on which the criteria and guidance described in paragraph (1) is implemented, the Comptroller General of the United States shall begin an assessment of such criteria and guidance. Not later than 6 months after beginning such an assessment, the Comptroller General shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that includes—
(A) an assessment of the criteria and guidance issued by the Administrator of the Small Business Administration in accordance with paragraph (1);
(B) an assessment of the implementation of the criteria and guidance issued by issued by 1
1 So in original.
the Administrator of the Small Business Administration in accordance with paragraph (1);(C) an assessment as to whether these measures have successfully ensured that only qualified HUBZone small business concerns are participating in the HUBZone program under section 657a of title 15;
(D) an assessment as to whether the reforms made by the criteria and guidance implemented under paragraph (1) have resulted in job creation in the Commonwealth of Puerto Rico; and
(E) recommendations on how to improve controls in the HUBZone program.
(Pub. L. 114–187, title IV, § 412, June 30, 2016, 130 Stat. 595.)
§ 2200. Determination on debt
Nothing in this chapter shall be interpreted to restrict—
(1) the ability of the Puerto Rico Commission for the Comprehensive Audit of the Public Credit to file its reports; or
(2) the review and consideration of the Puerto Rico Commission’s findings by Puerto Rico’s government or an Oversight Board for Puerto Rico established under section 2121 of this title.
(Pub. L. 114–187, title IV, § 413, June 30, 2016, 130 Stat. 596.)