§2126 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Almost all lawsuits against the Oversight Board or that come from this chapter must be filed in the U.S. district court for the covered territory. If that territory has no district court, the case goes to the U.S. District Court for the District of Hawaii. There are two exceptions: one about enforcing a subpoena (section 2124(f)(2)) and the debt-adjustment rules in subchapter III. Orders from those district courts can only be reviewed by filing an appeal to the right U.S. Court of Appeals. Except to fix constitutional violations, any court order that forces or allows the Board to spend, borrow, or incur obligations won’t take effect while the case or any appeal is pending. District courts, the courts of appeals, and the Supreme Court must move these cases first and decide them as fast as possible. District courts do not have the power to review challenges to the Board’s certification decisions under this chapter.

Title 48, §2126

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)Except as provided in section 2124(f)(2) of this title (relating to the issuance of an order enforcing a subpoena), and subchapter III (relating to adjustments of debts), any action against the Oversight Board, and any action otherwise arising out of this chapter, in whole or in part, shall be brought in a United States district court for the covered territory or, for any covered territory that does not have a district court, in the United States District Court for the District of Hawaii.

(b)Notwithstanding any other provision of law, any order of a United States district court that is issued pursuant to an action brought under subsection (a) shall be subject to review only pursuant to a notice of appeal to the applicable United States Court of Appeals.

(c)Except with respect to any orders entered to remedy constitutional violations, no order of any court granting declaratory or injunctive relief against the Oversight Board, including relief permitting or requiring the obligation, borrowing, or expenditure of funds, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or (if appeal is taken) during the period before the court has entered its final order disposing of such action.

(d)It shall be the duty of the applicable United States District Court, the applicable United States Court of Appeals, and, as applicable, the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this chapter.

(e)There shall be no jurisdiction in any United States district court to review challenges to the Oversight Board’s certification determinations under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (d), and (e), 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.

§2126 Treatment of Actions Arising From Chapter