U.S. Code » Title 48 » Chapter CHAPTER 20— PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › Subchapter SUBCHAPTER I— ESTABLISHMENT AND ORGANIZATION OF OVERSIGHT BOARD

48 U.S.C. § 2128

Autonomy of Oversight Board

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(a) In generalNeither the Governor nor the Legislature may—(1) exercise any control, supervision, oversight, or review over the Oversight Board or its activities; or(2) enact, implement, or enforce any statute, resolution, policy, or rule that would impair or defeat the purposes of this chapter, as determined by the Oversight Board.(b) Oversight Board legal representation

In any action brought by, on behalf of, or against the Oversight Board, the Oversight Board shall be represented by such counsel as it may hire or retain so long as the representation complies with the applicable professional rules of conduct governing conflicts of interests.

(Pub. L. 114–187, title I, § 108, June 30, 2016, 130 Stat. 563.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a)(2), 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.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2017–2024 · leading case: Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022).
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Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022). “exercise any control, supervision, oversight, or review over the Oversight Board or its activities," 48 U.S.C. § 2128 (a)(1); and directing that "[t]he Oversight Board may incorporate in its bylaws, rules, and procedures .”
United States v. Montalvo-Febus, 254 F. Supp. 3d 319 (D.P.R. 2017). “Not only did the People of Puerto Rico not vote for PROMESA, but as observed above, its elected representatives may not exercise any control, supervision, oversight or review over the Board or its activities; nor enact, implement, or enforce any statute, resolution, policy, or…”
FOMB v. Pierluisi-Urrutia (1st Cir. 2023). · cites it 2× “" 48 U.S.C. § 2128 (a)(2). And section 104(k) gives teeth to the Board's aforementioned powers to intervene in the Commonwealth's legislative process, providing that "[t]he Oversight Board may seek judicial enforcement of its authority to carry out its responsibilities under…”
Pierluisi v. FOMB (1st Cir. 2022). “" 48 U.S.C. § 2128 (a). To that end, PROMESA outlines a multi-step, back-and-forth process by which the Oversight Board 1649 (2020)); Union De Trabajadores De La Industria Eléctrica Y Riego v.”
FOMB v. Cooperativa de Ahorro y Credito (1st Cir. 2022). “See generally 48 U.S.C. §§ 2128 , 2141-2147. The Board's scrutiny of those matters, the course it charted to deal with them, and Appellants' interests converge here, forming the foundation for today's dispute.”
La Liga de Ciudades de P.R. v. FOMB (1st Cir. 2024). “48 U.S.C. § 2128 (a)(2). Third, the Board points out that the Title III court also relied upon section 204(c) to find Law 29 a "nullity" and "of no effect.”
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