48 U.S.C. § 2211 — Definitions

Page 380 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2199 1 So in original. Probably should be ‘‘its’’. 1 See References in Text note below. 1 So in original. (4) the effect of Federal laws, mandates, rules, and regulations on each territory’s pub- lic debt; and (5) the ability of each territory to repay it’s 1 public debt. (b) Materials The government of each territory shall make available to the Comptroller General of the United States all materials necessary to carry out this section. (Pub. L. 114–187, title IV, § 411, June 30, 2016, 130 Stat. 594.) § 2199. Expansion of HUBZones in Puerto Rico (a) Omitted (b) Improving oversight (1) Guidance Not later than 270 days after June 30, 2016, the Administrator of the Small Business Ad- ministration shall develop and implement cri- teria and guidance on using a risk-based ap- proach to requesting and verifying informa- tion from entities applying to be designated or recertified as qualified HUBZone small busi- ness concerns (as defined in section 632(p)(5) 1 of title 15). (2) Assessment Not later 1 year after the date on which the criteria and guidance described in paragraph (1) is implemented, the Comptroller General of the United States shall begin an assessment of such criteria and guidance. Not later than 6 months after beginning such an assessment, the Comptroller General shall submit a report to the Committee on Small Business and En- trepreneurship of the Senate and the Com- mittee on Small Business of the House of Rep- resentatives that includes— (A) an assessment of the criteria and guid- ance issued by the Administrator of the Small Business Administration in accord- ance with paragraph (1); (B) an assessment of the implementation of the criteria and guidance issued by issued by 1 the Administrator of the Small Business Administration in accordance with para- graph (1); (C) an assessment as to whether these measures have successfully ensured that only qualified HUBZone small business con- cerns are participating in the HUBZone pro- gram under section 657a of title 15; (D) an assessment as to whether the re- forms made by the criteria and guidance im- plemented 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.) Editorial Notes REFERENCES IN TEXT Section 632(p)(5) of title 15, referred to in subsec. (b)(1), was redesignated as section 657a(b)(5) of Title 15, Commerce and Trade, by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795. CODIFICATION Section is comprised of section 412 of Pub. L. 114–187. Subsec. (a)(1) of section 412 of Pub. L. 114–187 amended section 632 of Title 15, Commerce and Trade. Subsec. (a)(2) of section 412 of Pub. L. 114–187 enacted provisions set out as a note under section 632 of Title 15. § 2200. Determination on debt Nothing in this chapter shall be interpreted to restrict— (1) the ability of the Puerto Rico Commis- sion for the Comprehensive Audit of the Pub- lic Credit to file its reports; or (2) the review and consideration of the Puer- to 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Manage- ment, and Economic Stability Act and also as PROMESA, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. SUBCHAPTER V—PUERTO RICO INFRASTRUCTURE REVITALIZATION § 2211. Definitions In this subchapter: (1) Act 76 The term ‘‘Act 76’’ means Puerto Rico Act 76–2000 (3 L.P.R.A. 1931 et seq.), approved on May 5, 2000, as amended. (2) Critical Project The term ‘‘Critical Project’’ means a project identified under the provisions of this sub- chapter and intimately related to addressing an emergency whose approval, consideration, permitting, and implementation shall be expe- dited and streamlined according to the statu- tory process provided by Act 76, or otherwise adopted pursuant to this subchapter. (3) Energy Commission of Puerto Rico The term ‘‘Energy Commission of Puerto Rico’’ means the Puerto Rico Energy Commis- sion as established by Subtitle B of Puerto Rico Act 57–2014. (4) Energy Projects The term ‘‘Energy Projects’’ means those projects addressing the generation, distribu- tion, or transmission of energy. (5) Emergency The term ‘‘emergency’’ means any event or grave problem of deterioration in the physical Page 381 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2212 1 So in original. Probably should be ‘‘do’’. 2 So in original. Probably should be ‘‘are’’. infrastructure for the rendering of essential services to the people, or that endangers the life, public health, or safety of the population or of a sensitive ecosystem, or as otherwise de- fined by section 1 of Act 76 (3 L.P.R.A. 1931). This shall include problems in the physical in- frastructure for energy, water, sewer, solid waste, highways or roads, ports, telecommuni- cations, and other similar infrastructure. (6) Environmental Quality Board The term ‘‘Environmental Quality Board’’ means the Puerto Rico Environmental Quality Board, a board within the executive branch of the Government of Puerto Rico as established by section 7 of Puerto Rico Act 416–2004 (12 L.P.R.A. 8002a). (7) Expedited Permitting Process The term ‘‘Expedited Permitting Process’’ means a Puerto Rico Agency’s alternate pro- cedures, conditions, and terms mirroring those established under Act 76 (3 L.P.R.A. 1932) and pursuant to this subchapter shall not apply to any Federal law, statute, or requirement. (8) Governor The term ‘‘Governor’’ means the Governor of Puerto Rico. (9) Interagency Environmental Subcommittee The term ‘‘Interagency Environmental Sub- committee’’ means the Interagency Sub- committee on Expedited Environmental Regu- lations as further described by section 2214 of this title. (10) Legislature The term ‘‘Legislature’’ means the Legisla- ture of Puerto Rico. (11) Planning Board The term ‘‘Planning Board’’ means the Puer- to Rico Planning Board, a board within the ex- ecutive branch of the Government of Puerto Rico established by Puerto Rico Act 75–1975 (23 L.P.R.A. 62 et seq.). (12) Project Sponsor The term ‘‘Project Sponsor’’ means a Puerto Rico Agency or private party proposing the de- velopment of an existing, ongoing, or new in- frastructure project or Energy Project. (13) Puerto Rico Agency or Agencies The terms ‘‘Puerto Rico Agency’’ or ‘‘Puerto Rico Agencies’’ means any board, body, board of examiners, public corporation, commission, independent office, division, administration, bureau, department, authority, official, per- son, entity, municipality, or any instrumen- tality of Puerto Rico, or an administrative body authorized by law to perform duties of regulating, investigating, or that may issue a decision, or with the power to issue licenses, certificates, permits, concessions, accredita- tions, privileges, franchises, except the Senate and the House of Representatives of the Legis- lature and the judicial branch. (14) Puerto Rico Electric Power Authority The term ‘‘Puerto Rico Electric Power Au- thority’’ means the Puerto Rico Electric Power Authority established by Puerto Rico Act 83–1941. (Pub. L. 114–187, title V, § 501, June 30, 2016, 130 Stat. 596.) § 2212. Position of Revitalization Coordinator (a) Establishment There is established, under the Oversight Board, the position of the Revitalization Coordi- nator. (b) Appointment (1) In general The Revitalization Coordinator shall be ap- pointed by the Governor as follows: (A) Prior to the appointment of the Revi- talization Coordinator and within 60 days of the appointment of the full membership of the Oversight Board, the Oversight Board 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 appoint one of the nominees as the Revitalization Coordinator. Such ap- pointment shall be effective immediately. (C) If the Governor fails to select a Revi- talization Coordinator, the Oversight Board shall, by majority vote, appoint a Revital- ization Coordinator from the list of nomi- nees provided under paragraph (A). (2) Qualifications In selecting nominees under paragraph (1)(A), the Oversight Board shall only nomi- nate persons who— (A) have substantial knowledge and exper- tise in the planning, predevelopment, financ- ing, development, operations, engineering, or market participation of infrastructure projects, provided that stronger consider- ation may be given to candidates who have experience with Energy Projects and the laws and regulations of Puerto Rico that may be subject to an Expedited Permitting Process; (B) does 1 not currently provide goods or services to the government of Puerto Rico (and, as applicable, is 2 not the spouse, par- ent, child, or sibling of a person who pro- vides or has provided goods and services to the government of Puerto Rico in the pre- ceding 3 calendar years); and (C) shall not be an officer, employee of, or former officer or employee of the govern- ment of Puerto Rico in the preceding 3 cal- endar years. (3) Compensation The Revitalization Coordinator shall be compensated at an annual rate determined by the Oversight Board sufficient in the judgment of the Oversight Board to obtain the services of a person with the skills and experience re- quired to discharge the duties of the position, but such compensation shall not exceed the annual salary of the Executive Director. (c) Assignment of personnel The Executive Director of the Oversight Board may assign Oversight Board personnel to assist the Revitalization Coordinator.