48 U.S.C. § 2126: Treatment of actions arising…

Summary

Bring any lawsuit against the Oversight Board or any case that comes from this chapter to a United States district court in the covered territory. If that territory has no district court, bring it in the U.S. District Court for the District of Hawaii. Appeals of those district court orders can only be made by filing an appeal with the proper U.S. Court of Appeals. Except to fix constitutional violations, any court order that declares something or stops/forces action against the Board (including orders allowing or requiring obligations, borrowing, or spending) cannot take effect while the case or any appeal is pending. Courts, appeals courts, and the Supreme Court must move these cases to the front of the docket and decide them as fast as possible. District courts may not review challenges to the Board’s certification decisions.

Title 48, §2126

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Jurisdiction

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)Appeal

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)Timing of relief

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)Expedited consideration

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)Review of Oversight Board certifications

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