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48 U.S.C. § 2124 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2124 — Definitions

In this chapter— (1) **Agreed accounting standards** — The term “agreed accounting standards” means modified accrual accounting standards or, for any period during which the Oversight Board determines in its sole discretion that a territorial government is not reasonably capable of comprehensive reporting that complies with modified accrual accounting standards, such other accounting standards as proposed by the Oversight Board. (2) **Bond** — The term “Bond” 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, in any case, 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 the issuer, obligor, or guarantor is the territorial government. (3) **Bond Claim** — The term “Bond Claim” means, as it relates to a Bond— (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. (4) **Budget** — The term “Budget” means the Territory Budget or an Instrumentality Budget, as applicable. (5) **Puerto Rico** — The term “Puerto Rico” means the Commonwealth of Puerto Rico. (6) **Compliant budget** — The term “compliant

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Stable record: federal_law:legal_authorities:record_usc_1e089abd98d2925c558f649c
Source file: Laws/federal/codes/united-states-code/title-48/section-2124-definitions--64c429fc8b.md
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Source location: Title 48, Chapter 20, § 2124; chapter-020-puerto-rico-oversight-management-and-economic-stability.md

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In this chapter— (1) **Agreed accounting standards** — The term “agreed accounting standards” means modified accrual accounting standards or, for any period during which the Oversight Board determines in its sole discretion that a territorial government is not reasonably capable of comprehensive reporting that complies with modified accrual accounting standards, such other accounting standards as proposed by the Oversight Board. (2) **Bond** — The term “Bond” 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, in any case, 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 the issuer, obligor, or guarantor is the territorial government. (3) **Bond Claim** — The term “Bond Claim” means, as it relates to a Bond— (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. (4) **Budget** — The term “Budget” means the Territory Budget or an Instrumentality Budget, as applicable. (5) **Puerto Rico** — The term “Puerto Rico” means the Commonwealth of Puerto Rico. (6) **Compliant budget** — The term “compliant budget” means a budget that is prepared in accordance with— (A) agreed accounting standards; and (B) the applicable Fiscal Plan. (7) **Covered territorial instrumentality** — The term “covered territorial instrumentality” means a territorial instrumentality designated by the Oversight Board pursuant to [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2121&num=0&edition=prelim) to be subject to the requirements of this chapter. (8) **Covered territory** — The term “covered territory” means a territory for which an Oversight Board has been established under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2121&num=0&edition=prelim). (9) **Executive Director** — The term “Executive Director” means an Executive Director appointed under [section 2123(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2123/a&num=0&edition=prelim). (10) **Fiscal Plan** — The term “Fiscal Plan” means a Territory Fiscal Plan or an Instrumentality Fiscal Plan, as applicable. (11) **Government of Puerto Rico** — The term “Government of Puerto Rico” means the Commonwealth of Puerto Rico, including all its territorial instrumentalities. (12) **Governor** — The term “Governor” means the chief executive of a covered territory. (13) **Instrumentality Budget** — The term “Instrumentality Budget” means a budget for a covered territorial instrumentality, designated by the Oversight Board in accordance with [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2121&num=0&edition=prelim), submitted, approved, and certified in accordance with [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2142&num=0&edition=prelim). (14) **Instrumentality Fiscal Plan** — The term “Instrumentality Fiscal Plan” means a fiscal plan for a covered territorial instrumentality, designated by the Oversight Board in accordance with [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2121&num=0&edition=prelim), submitted, approved, and certified in accordance with [section 2141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2141&num=0&edition=prelim). (15) **Legislature** — The term “Legislature” means the legislative body responsible for enacting the laws of a covered territory. (16) **Modified accrual accounting standards** — The term “modified accrual accounting standards” means recognizing revenues as they become available and measurable and recognizing expenditures when liabilities are incurred, in each case as defined by the Governmental Accounting Standards Board, in accordance with generally accepted accounting principles. (17) **Oversight Board** — The term “Oversight Board” means a Financial Oversight and Management Board established in accordance with [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2121&num=0&edition=prelim). (18) **Territorial government** — The term “territorial government” means the government of a covered territory, including all covered territorial instrumentalities. (19) **Territorial instrumentality** (A) *In general* — The term “territorial instrumentality” means any political subdivision, public agency, instrumentality—including any instrumentality that is also a bank—or public corporation of a territory, and this term should be broadly construed to effectuate the purposes of this chapter. (B) *Exclusion* — The term “territorial instrumentality” does not include an Oversight Board. (20) **Territory** — The term “territory” means— (A) Puerto Rico; (B) Guam; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; or (E) the United States Virgin Islands. (21) **Territory Budget** — The term “Territory Budget” means a budget for a territorial government submitted, approved, and certified in accordance with [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2142&num=0&edition=prelim). (22) **Territory Fiscal Plan** — The term “Territory Fiscal Plan” means a fiscal plan for a territorial government submitted, approved, and certified in accordance with [section 2141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2141&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2141 — Powers of Oversight Board

**(a) Hearings and sessions** The Oversight Board may, for the purpose of carrying out this chapter, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Oversight Board considers appropriate. The Oversight Board may administer oaths or affirmations to witnesses appearing before it. **(b) Powers of members and agents** Any member or agent of the Oversight Board may, if authorized by the Oversight Board, take any action that the Oversight Board is authorized to take by this section. **(c) Obtaining official data** (1) **From Federal government** — Notwithstanding sections 552 (commonly known as the Freedom of Information Act), 552a (commonly known as the Privacy Act of 1974), and 552b (commonly known as the Government in the Sunshine Act) of title 5, the Oversight Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this chapter, with the approval of the head of that department or agency. (2) **From territorial government** — Notwithstanding any other provision of law, the Oversight Board shall have the right to secure copies, whether written or electronic, of such records, documents, information, data, or metadata from the territorial government necessary to enable the Oversight Board to carry out its responsibilities under this chapter. At the request of the Oversight Board, the Oversight Board shall be granted direct access to such information systems, records, documents, information, or data as will enable the Oversight Board to carry out its responsibilities under this chapter. The head of the entity of the territorial government responsible shall provide the Oversight Board with such information and assistance (including granting the Oversight Board di

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2121 — Effective date

**(a) In general** Except as provided in subsection (b), this chapter shall take effect on June 30, 2016. **(b) Subchapter III and Subchapter VI** (1) Subchapter III shall apply with respect to cases commenced under subchapter III on or after June 30, 2016. (2) Subchapters III and VI shall apply with respect to debts, claims, and liens (as such terms are defined in [section 101 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim)) created before, on, or after such date.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2101 — Federal agency requirements

**(a) Federal Points of Contact** At the request of the Revitalization Coordinator and within 30 days of receiving such a request, each Federal agency with jurisdiction over the permitting, or administrative or environmental review of private or public projects in Puerto Rico, shall name a Point of Contact who will serve as that agency’s liaison with the Revitalization Coordinator. **(b) Federal grants and loans** For each Critical Project with a pending or potential Federal grant, loan, or loan guarantee application, the Revitalization Coordinator and the relevant Point of Contact shall cooperate with each other to ensure expeditious review of such application. **(c) Expedited reviews and actions of Federal agencies** All reviews conducted and actions taken by any Federal agency relating to a Critical Project shall be expedited in a manner consistent with completion of the necessary reviews and approvals by the deadlines under the Expedited Permitting Process, but in no way shall the deadlines established through the Expedited Permitting Process be binding on any Federal agency.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2142 — Exemption from liability for claims

The Oversight Board, its members, and its employees shall not be liable for any obligation of or claim against the Oversight Board or its members or employees or the territorial government resulting from actions taken to carry out this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2124 — Powers of Oversight Board

Page 356 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2122 (3) Adoption of rules and regulations of terri- torial government The Oversight Board may incorporate in its bylaws, rules, and procedures under this sub- section such rules and regulations of the terri- torial government as it considers appropriate to enable it to carry out its activities under this chapter with the greatest degree of inde- pendence practicable. (4) Executive session Upon a majority vote of the Oversight Board’s full voting membership, the Oversight Board may conduct its business in an execu- tive session that consists solely of the Over- sight Board’s voting members and any profes- sionals the Oversight Board determines nec- essary and is closed to the public, but only for the business items set forth as part of the vote to convene an executive session. (Pub. L. 114–187, title I, § 101, June 30, 2016, 130 Stat. 553.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(2), (d)(1)(A), (2)(A), (e)(4), and (h)(1), (3), was in the original ‘‘this Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. § 2122. Location of Oversight Board The Oversight Board shall have an office in the covered territory and additional offices as it deems necessary. At any time, any department or agency of the United States may provide the Oversight Board use of Federal facilities and equipment on a reimbursable or non-reimburs- able basis and subject to such terms and condi- tions as the

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