Title 48Territories and Insular PossessionsRelease 119-73not60

§2104 Definitions

Title 48 › Chapter 20— PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › § 2104

Last updated Apr 5, 2026|Official source

Summary

Defines the key words used in the chapter so people know how terms are meant to be used. Agreed accounting standards — either modified accrual accounting or other standards the Oversight Board picks if a territory can’t meet modified accrual rules. Bond — any kind of borrowing or debt of a territorial government, like bonds, loans, letters of credit, insurance obligations, or similar rights. Bond Claim — any right to be paid or to get a court-ordered remedy that comes from a Bond. Budget — either a Territory Budget or an Instrumentality Budget. Puerto Rico — the Commonwealth of Puerto Rico. Compliant budget — a budget made under the agreed accounting standards and the applicable Fiscal Plan. Covered territorial instrumentality — a territorial agency the Oversight Board has put under this chapter. Covered territory — a territory that has an Oversight Board. Executive Director — the person the Oversight Board appoints to run day-to-day work. Fiscal Plan — a Territory or Instrumentality Fiscal Plan. Government of Puerto Rico — Puerto Rico and all its agencies. Governor — the chief executive of a covered territory. Instrumentality Budget/Fiscal Plan — the budget or fiscal plan for a covered territorial agency that is approved and certified under the law. Legislature — the law-making body of a covered territory. Modified accrual accounting standards — the accounting method that records revenues when they are available and measurable and records expenses when obligations occur, as defined by the Governmental Accounting Standards Board. Oversight Board — the Financial Oversight and Management Board for a covered territory. Territorial government — the government of a covered territory, including its agencies. Territorial instrumentality — any public agency, subdivision, instrumentality, or public corporation of a territory (broadly defined) but not the Oversight Board. Territory — Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, or the U.S. Virgin Islands. Territory Budget and Territory Fiscal Plan — the budget or fiscal plan for a territorial government that is approved and certified under the law.

Full Legal Text

Title 48, §2104

Territories and Insular Possessions — Source: USLM XML via OLRC

In this chapter—
(1)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)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)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)The term “Budget” means the Territory Budget or an Instrumentality Budget, as applicable.
(5)The term “Puerto Rico” means the Commonwealth of Puerto Rico.
(6)The term “compliant budget” means a budget that is prepared in accordance with—
(A)agreed accounting standards; and
(B)the applicable Fiscal Plan.
(7)The term “covered territorial instrumentality” means a territorial instrumentality designated by the Oversight Board pursuant to section 2121 of this title to be subject to the requirements of this chapter.
(8)The term “covered territory” means a territory for which an Oversight Board has been established under section 2121 of this title.
(9)The term “Executive Director” means an Executive Director appointed under section 2123(a) of this title.
(10)The term “Fiscal Plan” means a Territory Fiscal Plan or an Instrumentality Fiscal Plan, as applicable.
(11)The term “Government of Puerto Rico” means the Commonwealth of Puerto Rico, including all its territorial instrumentalities.
(12)The term “Governor” means the chief executive of a covered territory.
(13)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, submitted, approved, and certified in accordance with section 2142 of this title.
(14)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, submitted, approved, and certified in accordance with section 2141 of this title.
(15)The term “Legislature” means the legislative body responsible for enacting the laws of a covered territory.
(16)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)The term “Oversight Board” means a Financial Oversight and Management Board established in accordance with section 2121 of this title.
(18)The term “territorial government” means the government of a covered territory, including all covered territorial instrumentalities.
(19)(A)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)The term “territorial instrumentality” does not include an Oversight Board.
(20)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)The term “Territory Budget” means a budget for a territorial government submitted, approved, and certified in accordance with section 2142 of this title.
(22)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.

Legislative History

Notes & Related Subsidiaries

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, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2101 of this title and Tables.

Reference

Citations & Metadata

Citation

48 U.S.C. § 2104

Title 48Territories and Insular Possessions

Last Updated

Apr 5, 2026

Release point: 119-73not60