,i #aadth ,,congress #ast ,session ,h4 ,r4 #daii ,,in ,,the ,,house ,,of ,,representatives ,december #i1 #bjae ,mr4 ,duffy introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide the ,government of ,puerto ,rico the choice to restructure its municipal debt in conjunction with enhanced financial oversight1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,puerto ,rico ,financial ,stability and ,debt ,restructuring ,choice ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,establishment and ,organization of ,financial ,stability ,council ,sec4 #aja4 ,puerto ,rico ,financial ,stability ,council4 ,sec4 #ajb4 ,executive director and staff of ,council4 ,sec4 #ajc4 ,powers of ,council4 ,sec4 #ajd4 ,exemption from liability for claims4 ,sec4 #aje4 ,treatment of actions arising from ,act4 ,sec4 #ajf4 ,funding for operation of ,council4 ,sec4 #ajg4 ,termination of activities4 ,sec4 #ajh4 ,application of laws of ,puerto ,rico to ,council4 ,sec4 #aji4 ,rules of construction4 ,title ,,ii--,responsibilities of ,financial ,stability ,council ,sec4 #bja4 ,development of financial plan and budget for ,puerto ,rico4 ,sec4 #bjb4 ,process for submission and approval of financial plan and annual ,puerto ,rico budget4 ,sec4 #bjc4 ,restrictions on borrowing by ,puerto ,rico4 ,sec4 #bjd4 ,effect of finding of noncompliance with financial plan and budget4 ,sec4 #bje4 ,recommendations on financial stability and management responsibility4 ,title ,,iii--,debt ,restructuring ,sec4 #cja4 ,amendment4 ,sec4 #cjb4 ,effective date2 application of amendment4 ,sec4 #cjc4 ,severability4 #b4 ,findings ,congress finds the following3 7#a7 ,a combination of structural problems1 mounting debt1 and weak public finances has left ,puerto ,rico in a financial debt crisis and resulted in continued outmigration of residents and business from ,puerto ,rico further stifling growth4 7#b7 ,a comprehensive1 long-term approach must be established to initiate significant reforms to restore to ,puerto ,rico access to short-term and long-term lending1 eliminate annual deficits1 and reduce its debt4 7#c7 ,the current crisis requires congressional action that supports ,puerto ,rico by providing the appropriate tools needed to restore financial stability while respecting and strengthening its authority to operate and grow independently4 ,i ,establishment and ,organization of ,financial ,stability ,council #aja4 ,puerto ,rico ,financial ,stability ,council 7a7 ,establishment ,upon the enactment of a law or resolution adopted by the ,legislative ,assembly of ,puerto ,rico and signed by the ,governor of ,puerto ,rico1 and pursuant to article ,,iv1 section #c1 clause #b of the ,constitution of the ,united ,states1 there shall be established the ,puerto ,rico ,financial ,stability ,council 7here and after referred to in this ,act as the ,council71 consisting of members appointed in accordance with subsection 7b74 7b7 ,membership 7#a7 ,in general ,the ,council shall consist of #e members appointed by the ,president who meet the qualifications described in subsection 7c74 7#b7 ,consultation with congress ,the ,president shall consult with the ,speaker of the ,house of ,representatives1 the ,minority ,leader of the ,house of ,representatives1 the ,majority ,leader of the ,senate1 the ,minority ,leader of the ,senate1 and the ,resident ,commissioner from ,puerto ,rico with respect to who should be appointed to the ,council4 7#c7 ,chair ,the ,president shall designate one of the members of the ,council as the chair of the ,council4 7#d7 ,sense of congress regarding deadline for appointment ,it is the sense of ,congress that the ,president should appoint the members of the ,council as soon as practicable after the establishment of the ,council1 but in no event later than #be days after the date of the establishment of the ,council4 7#e7 ,term of service 7,a7 ,in general ,except as provided in subparagraph 7,b71 each member of the ,council shall be appointed for a term of #c years4 7,b7 ,appointment for term following initial term ,for the term immediately following the initial term1 members shall be appointed by the ,president as follows3 7i7 #a member for a term of #a year4 7ii7 #b members each for a term of #b years4 7iii7 #b members each for a term of #c years4 7,c7 ,removal ,the ,president may remove any member of the ,council only for cause4 7c7 ,qualifications for membership ,an individual meets the qualifications for membership on the ,council if the individual-- 7#a7 has knowledge and expertise in finance1 management1 and the organization or operation of business or government2 7#b7 does not provide goods or services to the ,government of ,puerto ,rico 7and is not the spouse1 parent1 child1 or sibling of an individual who provides goods and services to the ,government of ,puerto ,rico72 7#c7 is not an officer or employee of the ,government of ,puerto ,rico2 7#d7 maintains a primary residence in ,puerto ,rico or has a primary place of business in ,puerto ,rico2 and 7#e7 complies with ,federal conflict of interest requirements as mandated by section #bjh of title #ah1 ,united ,states ,code4 7d7 ,no compensation for service ,members of the ,council shall serve without pay1 but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the ,council4 7e7 ,adoption of by-,laws for conducting business of authority 7#a7 ,in general ,as soon as practicable after the appointment of its members1 but not later than #cj days1 the ,council shall adopt by-laws1 rules1 and procedures governing its activities under this ,act1 including procedures for hiring experts and consultants4 ,such by-laws1 rules1 and procedures shall be public documents1 and shall be submitted by the ,council upon adoption to the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress4 7#b7 ,certain activities requiring approval of majority of members ,under the by-laws adopted pursuant to paragraph 7#a71 the ,council may conduct its operations under such procedures as it considers appropriate1 except that an affirmative vote of a majority of the members of the ,council shall be required in order for the ,council to-- 7,a7 approve or disapprove a financial plan and budget under title ,,ii2 and 7,b7 implement recommendations on financial stability and management responsibility under section #ajg4 7#c7 ,adoption of rules and regulations of ,puerto ,rico ,the ,council may incorporate in its by-laws1 rules1 and procedures under this subsection such rules and regulations of the ,government of ,puerto ,rico as it considers appropriate to enable it to carry out its activities under this ,act with the greatest degree of independence practicable4 #ajb4 ,executive director and staff of ,council 7a7 ,executive director ,the ,council shall have an executive director who shall be appointed by the chair with the consent of the ,council4 ,the executive director shall be paid at a rate determined by the ,council1 except that such rate may not exceed the rate of basic pay payable for level ,,iv of the ,executive ,schedule4 7b7 ,staff ,with the approval of the chair1 the executive director may appoint and fix the pay of additional personnel as the executive director considers appropriate1 except that no individual appointed by the executive director may be paid at a rate greater than the rate of pay for the executive director4 7c7 ,inapplicability of certain employment and procurement laws 7#a7 ,civil service laws ,the executive director and staff of the ,council may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates4 7#b7 ,puerto ,rico employment and procurement laws ,the executive director and staff of the ,council may be appointed and paid without regard to the provisions of the laws of ,puerto ,rico governing appointments and salaries4 ,the provisions of the laws of ,puerto ,rico governing procurement shall not apply to the ,council4 7d7 ,staff of ,federal agencies ,upon request of the chair1 the head of any ,federal department or agency may detail1 on a reimbursable or nonreimbursable basis1 any of the personnel of that department or agency to the ,council to assist it in carrying out its duties under this ,act4 7e7 ,preservation of retirement and certain other rights of ,federal employees who become employed by the ,council 7#a7 ,in general ,a ,federal employee who1 within #b months after separating from the ,federal ,government1 becomes employed by the ,council-- 7,a7 may elect1 for purposes of the retirement system in which that individual last participated before so separating1 to have such individual's period of service with the ,council treated in the same way as if performed in the position within the ,federal ,government from which separated1 subject to the requisite employee deductions and agency contributions being currently deposited in the appropriate fund2 and 7,b7 if1 after serving with the ,council1 such employee becomes reemployed by the ,federal ,government1 shall be entitled to credit for the full period of such individual's service with the ,council for purposes of determining the applicable leave accrual rate4 7#b7 ,retirement 7,a7 ,contributions ,for purposes of subparagraph 7,a7 of paragraph 7#a7-- 7i7 the employee deductions referred to in such paragraph shall be made from basic pay for service with the ,council1 and shall be computed using the same percentage as would then apply if the individual were instead serving in the position within the ,federal ,government from which separated2 and 7ii7 the agency contributions referred to in such paragraph shall be made by the ,council4 7,b7 ,double coverage not permitted ,an individual who makes an election under paragraph 7#a77;,a7 shall be ineligible1 while such election remains in effect1 to participate in any retirement system for employees of the ,government of ,puerto ,rico4 7#c7 ,regulations ,the ,office of ,personnel ,management shall prescribe such regulations as may be necessary to carry out this subsection4 ,regulations to carry out paragraph 7#a77;,a7 shall be prescribed in consultation with the office or agency of the ,government of ,puerto ,rico having jurisdiction over any retirement system referred to in paragraph 7#b77;,b74 #ajc4 ,powers of ,council 7a7 ,hearings and sessions ,the ,council may1 for the purpose of carrying out this ,act1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,council considers appropriate4 ,the ,council may administer oaths or affirmations to witnesses appearing before it4 7b7 ,powers of members and agents ,any member or agent of the ,council may1 if authorized by the ,council1 take any action which the ,council is authorized to take by this section4 7c7 ,obtaining official data 7#a7 ,from ,federal ,government ,notwithstanding sections #eeb 7commonly known as the ,freedom of ,information ,act7 and #eeb;b 7the ,privacy ,act7 of title #e1 ,united ,states ,code1 the ,council may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this ,act1 with the approval of the head of that department or agency4 7#b7 ,from ,government of ,puerto ,rico ,notwithstanding any other provision of law1 the ,council shall have the right to secure copies of such records1 documents1 information1 or data from any entity of the ,government of ,puerto ,rico necessary to enable the ,council to carry out its responsibilities under this ,act4 ,at the request of the ,council1 the ,council shall be granted direct access to such information systems1 records1 documents1 information1 or data as will enable the ,council to carry out its responsibilities under this ,act4 ,the head of the entity of the ,government of ,puerto ,rico responsible shall timely provide the ,council with such information and assistance 7including granting the ,council direct access to automated or other information systems7 as the ,council requires under this paragraph4 7d7 ,gifts1 bequests1 and devises ,the ,council may accept1 use1 and dispose of gifts1 bequests1 or devises of services or property1 both real and personal1 for the purpose of aiding or facilitating the work of the ,council4 ,gifts1 bequests1 or devises of money and proceeds from sales of other property received as gifts1 bequests1 or devises shall be deposited in such account as the ,council may establish and shall be available for disbursement upon order of the chair4 7e7 ,subpoena power 7#a7 ,in general ,the ,council may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the ,council4 ,the attendance of witnesses and the production of evidence may be required from any place within the ,united ,states at any designated place of hearing within the ,united ,states4 7#b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under paragraph 7#a71 the ,council may apply to a ,united ,states district court for an order requiring that person to appear before the ,council to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7#c7 ,service of subpoenas ,the subpoenas of the ,council shall be served in the manner provided for subpoenas issued by a ,united ,states district court under the ,federal ,rules of ,civil ,procedure for the ,united ,states district courts4 7#d7 ,service of process ,all process of any court to which application is made under paragraph 7#b7 may be served in the judicial district in which the person required to be served resides or may be found4 7f7 ,administrative support services ,upon the request of the ,council1 the ,administrator of ,general ,services may provide to the ,council1 on a reimbursable basis1 the administrative support services necessary for the ,council to carry out its responsibilities under this ,act4 7g7 ,authority ,to enter into contracts ,the executive director may enter into such contracts as the executive director considers appropriate 7subject to the approval of the chair7 to carry out the ,council's responsibilities under this ,act4 7h7 ,civil actions ,to enforce powers ,the ,council may seek judicial enforcement of its authority to carry out its responsibilities under this ,act4 7i7 ,penalties 7#a7 ,acts prohibited ,any officer or employee of the ,government of ,puerto ,rico who-- 7,a7 takes any action in violation of any valid order of the ,council or fails or refuses to take any action required by any such order2 or 7,b7 prepares1 presents1 or certifies any information 7including any projections or estimates7 or report for the ,council or any of its agents that is false or misleading1 or1 upon learning that any such information is false or misleading1 fails to immediately advise the ,council or its agents thereof in writing1 shall be guilty of a misdemeanor4 7#b7 ,administrative discipline ,in addition to any other applicable penalty1 any officer or employee of the ,government of ,puerto ,rico who knowingly and willfully violates paragraph 7#a7 shall be subject to appropriate administrative discipline1 including 7when appropriate7 suspension from duty without pay or removal from office by order of either the ,governor or ,council4 7#c7 ,report by ,governor on disciplinary actions taken ,in the case of a violation of paragraph 7#a7 by an officer or employee of the ,government of ,puerto ,rico1 the ,governor shall immediately report to the ,council all pertinent facts together with a statement of the action taken thereon4 #ajd4 ,exemption from liability for claims ,the ,council and its members may not be liable for any obligation of or claim against ,puerto ,rico resulting from actions taken to carry out this ,act4 #aje4 ,treatment of actions arising from ,act 7a7 ,jurisdiction established in district court for ,puerto ,rico ,except as provided in section #ajc7;e77#b7 7relating to the issuance of an order enforcing a subpoena71 any action against the ,council or any action otherwise arising out of this ,act1 in whole or in part1 shall be brought in the ,united ,states ,district ,court for the ,district of ,puerto ,rico4 7b7 ,prompt appeal 7#a7 ,court of appeals ,notwithstanding any other provision of law1 any order of the ,united ,states ,district ,court for the ,district of ,puerto ,rico which is issued pursuant to an action brought under subsection 7a7 shall be reviewable only pursuant to a notice of appeal to the ,united ,states ,court of ,appeals for the ,first ,circuit4 7#b7 ,supreme court ,notwithstanding any other provision of law1 review by the ,supreme ,court of the ,united ,states of a decision of the ,court of ,appeals which is issued pursuant to paragraph 7#a7 may be had only if the petition for such review is filed within #aj days after the entry of such decision4 7c7 ,timing of relief ,no order of any court granting declaratory or injunctive relief against the ,council1 including relief permitting or requiring the obligation1 borrowing1 or expenditure of funds1 shall take effect during the pendency of the action before such court1 during the time appeal may be taken1 or 7if appeal is taken7 during the period before the court has entered its final order disposing of such action4 7d7 ,expedited consideration ,it shall be the duty of the ,united ,states ,district ,court for the ,district of ,puerto ,rico1 the ,united ,states ,court of ,appeals for the ,first ,circuit1 and 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 subsection 7a74 #ajf4 ,funding for operation of ,council 7a7 ,submission of budget ,the ,council shall submit a proposed budget for each fiscal year to the ,president for the inclusion in the annual budget of the ,united ,states4 7b7 ,contents of budget ,the budget shall describe-- 7#a7 expenditures of the ,council by each object class1 including expenditures for staff of the ,council2 7#b7 services of personnel and other services provided by or on behalf of the ,council for which the ,council made no reimbursement2 and 7#c7 any gifts or bequests made to the ,council during the previous fiscal year4 7c7 ,appropriations ,no amount may be obligated or expended by the ,council for a fiscal year unless such amount has been approved by an ,act of ,congress1 and then only according to such ,act4 #ajg4 ,termination of activities ,the ,council may not terminate its activities earlier than #c fiscal years after its establishment and until-- 7#a7 it has certified to the ,president that the ,government of ,puerto ,rico has made meaningful progress in its budgeting practices1 tax collection1 and its fiscal condition1 including access to the capital markets at a reasonable interest rate2 and 7#b7 the ,president has approved the ,council's certification in paragraph 7#a74 #ajh4 ,application of laws of ,puerto ,rico to ,council 7a7 ,in general ,the following laws of ,puerto ,rico 7as in effect on the date of the enactment of this ,act7 shall apply to the members and activities of the ,council3 7#a7 ,open ,meeting ,law4 7#b7 ,,foia ,requirement4 7#c7 ,conflicts of ,interest4 7b7 ,no control1 supervision1 oversight1 or review by ,governor or ,legislative ,assembly 7#a7 ,in general ,neither the ,governor nor the ,legislative ,assembly may exercise any control1 supervision1 oversight1 or review over the ,council or its activities4 7#b7 ,prohibition against legislation affecting authority ,the ,legislative ,assembly shall have no authority to enact any act1 resolution1 or rule with respect to the ,council established under section #aja7;a7 of this ,act4 7c7 ,authority not subject to representation by ,puerto ,rico ,attorney ,general ,in any action brought by or on behalf of the ,council1 and in any action brought against the ,council1 the ,council shall be represented by such counsel as it may select1 but in no instance may the ,council be represented by the ,attorney ,general of ,puerto ,rico4 #aji4 ,rules of construction ,nothing in this ,act may be construed-- 7#a7 to limit the authority of ,congress to exercise ultimate legislative authority over ,puerto ,rico pursuant to article ,,iv1 section #c1 clause #b of the ,constitution of the ,united ,states2 or 7#b7 to interfere with the right of the ,united ,states citizens of ,puerto ,rico to determine whether to remain a territory1 become a ,state of the ,united ,states of ,america1 or become a sovereign nation4 ,,ii ,responsibilities of ,financial ,stability ,council #bja4 ,development of financial plan and budget for ,puerto ,rico 7a7 ,development of financial plan and budget ,for each fiscal year1 the ,governor shall develop and submit to the ,council a financial plan and budget for ,puerto ,rico in accordance with this section4 7b7 ,contents of financial plan and budget ,a financial plan and budget for the ,government of ,puerto ,rico for a fiscal year and the next #c fiscal years 7including the projected revenues and expenditures of each fund of the ,government of ,puerto ,rico for such years71 shall satisfy the following requirements3 7#a7 ,the financial plan and budget shall meet the standards described in subsection 7c7 to promote the financial stability of the ,government of ,puerto ,rico4 7#b7 ,the financial plan and budget shall provide for estimates of revenues and expenditures on a modified accrual basis4 7#c7 ,the financial plan and budget shall-- 7,a7 describe lump-sum expenditures by department by object class2 7,b7 describe capital expenditures 7together with a schedule of projected capital commitments of the ,government of ,puerto ,rico and proposed sources of funding72 7,c7 contain estimates of short-term and long-term debt 7both outstanding and anticipated to be issued72 and 7,d7 contain cash flow forecasts for each fund of the ,government of ,puerto ,rico at such intervals as the ,council may require4 7#d7 ,the financial plan and budget shall include a statement describing methods of estimations and significant assumptions4 7#e7 ,the financial plan and budget shall include any proposal to specifically authorize an entity to be a debtor under #aa ,u4,s4,c4 #aji4 7#f7 ,the financial plan and budget shall include any other provisions and shall meet such other criteria as the ,council considers appropriate to meet the purposes of this ,act1 including management initiatives to promote productivity1 improvement in the delivery of services1 or cost savings4 7c7 ,standards ,to promote financial stability described 7#a7 ,in general ,the standards to promote the financial stability of the ,government of ,puerto ,rico applicable to the financial plan and budget for a fiscal year are as follows3 7,a7 ,the ,council shall contract with an independent auditor to conduct a full scale audit of the financial practices and accounting methodologies employed by the ,government of ,puerto ,rico1 and based on this report make recommendations for changes and improvements to be considered to be employed by the ,council4 7,b7 ,during the first three years of the plan1 the ,government of ,puerto ,rico shall make continuous1 substantial progress toward equalizing the expenditures and revenues of the ,government of ,puerto ,rico for such fiscal years 7in equal annual installments to the greatest extent possible74 7,c7 ,the financial plan and budget shall assure the continuing long-term financial stability of the ,government of ,puerto ,rico1 as indicated by factors including access to short-term and long-term capital markets1 the efficient management of the ,government of ,puerto ,rico's workforce1 and the effective provision of services by the ,government of ,puerto ,rico4 7#b7 ,application of sound budgetary practices ,in meeting the standards described in paragraph 7#a7 with respect to a financial plan and budget for a fiscal year1 the ,government of ,puerto ,rico shall apply sound budgetary practices1 including reducing costs and other expenditures1 improving productivity1 improving tax collection1 or combinations of such practices4 #bjb4 ,process for submission and approval of financial plan and annual ,puerto ,rico budget 7a7 ,submission of preliminary financial plan and budget by ,governor ,after consultation with the ,governor and ,legislative ,assembly of ,puerto ,rico1 the ,council shall set a date for the ,governor to submit to the ,council and the ,legislative ,assembly a financial plan and budget for the fiscal year which meets the requirement of section #bja4 7b7 ,review by ,council ,upon receipt of the financial plan and budget for a fiscal year from the ,governor under subsection 7a71 the ,council shall promptly review the financial plan and budget4 ,in conducting the review1 the ,council may request any additional information it considers necessary and appropriate to carry out its duties under this title4 7c7 ,action upon approval of ,governor's preliminary financial plan and budget 7#a7 ,certification to ,governor 7,a7 ,in general ,if the ,council determines that the financial plan and budget for the fiscal year submitted by the ,governor under subsection 7a7 meets the requirements applicable under section #bja-- 7i7 the ,council shall approve the financial plan and budget and shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying its approval2 and 7ii7 the ,governor shall promptly submit the financial plan and budget to the ,legislative ,assembly4 7,b7 ,deemed approval after #cj days 7i7 ,in general ,if the ,council has not provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying approval under subparagraph 7,a77i7 or a statement of disapproval under subsection 7d77#a7 upon the expiration of the #cj-;day period which begins on the date the ,council receives the financial plan and budget from the ,governor under subsection 7a71 the ,council shall be deemed to have approved the financial plan and budget and to have provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with the notice certifying approval described in subparagraph 7,a77i74 7ii7 ,explanation of failure to respond ,if clause 7i7 applies with respect to a financial plan and budget1 the ,council shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the #cj-;day period described in such clause4 7#b7 ,adoption of budget by assembly after receipt of approved budget ,not later than the date set by the ,council in subsection 7a7 after receiving the budget for the fiscal year from the ,governor under paragraph 7#a77;,a77ii71 the ,legislative ,assembly shall by ,act adopt a budget for the fiscal year which shall serve as the adoption of the budget of the ,government of ,puerto ,rico for the fiscal year under such section1 and shall submit such budget to the ,governor and the ,council4 7#c7 ,review of ,legislative ,assembly budget by authority ,upon receipt of the budget for a fiscal year from the ,legislative ,assembly under paragraph 7#b7 7taking into account any items or provisions disapproved by the ,governor or disapproved by the ,governor and reenacted by the ,legislative ,assembly7 the ,council shall promptly review the budget4 ,in conducting the review1 the ,council may request any additional information it considers necessary and appropriate to carry out its duties under this subtitle4 7#d7 ,results of authority review of ,legislative ,assembly's initial budget 7,a7 ,approval of ,legislative ,assembly's initial budget ,if the ,council determines that the budget for the fiscal year submitted by the ,legislative ,assembly under paragraph 7#b7 meets the requirements applicable under section #bja-- 7i7 the ,council shall approve the budget and shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying its approval2 and 7ii7 the ,legislative ,assembly shall promptly submit the budget to the ,governor for transmission to the ,president and ,congress4 7,b7 ,disapproval of ,legislative ,assembly's initial budget ,if the ,council determines that the budget for the fiscal year submitted by the ,legislative ,assembly under paragraph 7#b7 does not meet the requirements applicable under section #bja1 the ,council shall disapprove the budget1 and shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a statement containing-- 7i7 the reasons for such disapproval2 and 7ii7 any recommendations for revisions to the budget the ,council considers appropriate to ensure that the budget is consistent with section #bja7;b7 and 7c74 7,c7 ,deemed approval after #ae days 7i7 ,in general ,if the ,council has not provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying approval under subparagraph 7,a77i7 or a statement of disapproval under subparagraph 7,b7 upon the expiration of the #ae-;day period which begins on the date the ,council receives the budget from the ,legislative ,assembly under paragraph 7#b71 the ,council shall be deemed to have approved the budget and to have provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with the notice certifying approval described in subparagraph 7,a77i74 7ii7 ,explanation of failure to respond ,if clause 7i7 applies with respect to a budget1 the ,council shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the #ae-;day period described in such clause4 7#e7 ,authority review of ,legislative ,assembly's revised budget 7,a7 ,submission of ,legislative ,assembly's revised budget ,not later than #ae days after receiving the statement from the ,council under paragraph 7#d77;,b71 the ,legislative ,assembly shall promptly by ,act adopt a revised budget for the fiscal year which addresses the reasons for the ,council's disapproval cited in the statement1 and shall submit such budget to the ,governor and the ,council4 7,b7 ,approval of ,legislative ,assembly's revised budget ,if1 after reviewing the revised budget for a fiscal year submitted by the ,legislative ,assembly under subparagraph 7,a7 in accordance with the procedures described in this subsection1 the ,council determines that the revised budget meets the requirements applicable under section #bja1 the ,council shall approve the budget and shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying its approval4 7,c7 ,disapproval of ,legislative ,assembly's revised budget 7i7 ,in general ,if1 after reviewing the revised budget for a fiscal year submitted by the ,legislative ,assembly under subparagraph 7,a7 in accordance with the procedures described in this subsection1 the ,council determines that the revised budget does not meet the applicable requirements under section #bja1 the ,council shall-- 7,i7 disapprove the budget2 7,,ii7 provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a statement containing the reasons for such disapproval2 and 7,,iii7 approve and recommend a budget for the ,government of ,puerto ,rico which meets the applicable requirements under section #bja1 and submit such budget to the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress4 7ii7 ,transmission of rejected budget ,the ,legislative ,assembly shall promptly submit the revised budget disapproved by the ,council under this subparagraph to the ,governor for transmission to the ,president and ,congress4 7,d7 ,deemed approval after #ae days 7i7 ,in general ,if the ,council has not provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying approval under subparagraph 7,b77i7 or a statement of disapproval under subparagraph 7,c7 upon the expiration of the #ae-;day period which begins on the date the ,council receives the revised budget submitted by the ,legislative ,assembly under subparagraph 7,a71 the ,council shall be deemed to have approved the revised budget and to have provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with the notice certifying approval described in subparagraph 7,b77i74 7ii7 ,explanation of failure to respond ,if clause 7i7 applies with respect to a budget1 the ,council shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the #ae-;day period described in such clause4 7#f7 ,deadline for transmission of a budget by authority ,notwithstanding any other provision of this section each fiscal year the ,council shall-- 7,a7 provide ,congress with a notice certifying its approval of the ,legislative ,assembly's initial budget for the fiscal year under paragraph 7#d77;,a72 7,b7 provide ,congress with a notice certifying its approval of the ,legislative ,assembly's revised budget for the fiscal year under paragraph 7#e77;,b72 or 7,c7 submit to ,congress an approved and recommended budget of the ,council for the ,government of ,puerto ,rico for the fiscal year under paragraph 7#e77;,c74 7d7 ,action upon disapproval of ,governor's preliminary budget 7#a7 ,statement of disapproval ,if the ,council determines that the budget for the fiscal year submitted by the ,governor under subsection 7a7 does not meet the requirements applicable under section #bja1 the ,council shall disapprove the budget1 and shall provide the ,governor and the ,legislative ,assembly with a statement containing-- 7,a7 the reasons for such disapproval2 and 7,b7 any recommendations for revisions to the budget the ,council considers appropriate to ensure that the budget meets the requirements applicable under section #bja4 7#b7 ,authority review of ,governor's revised financial plan and budget 7,a7 ,submission of ,governor's revised financial plan and budget ,not later than #ae days after receiving the statement from the ,council under paragraph 7#a71 the ,governor shall promptly submit to the ,council and the ,legislative ,assembly a revised financial plan and budget for the fiscal year which addresses the reasons for the ,council's disapproval cited in the statement4 7,b7 ,approval of ,governor's revised financial plan and budget ,if the ,council determines that the revised financial plan and budget for the fiscal year submitted by the ,governor under subparagraph 7,a7 meets the requirements applicable under section #bja-- 7i7 the ,council shall approve the financial plan and budget and shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying its approval2 and 7ii7 the ,governor shall promptly submit the financial plan and budget to the ,legislative ,assembly4 7,c7 ,disapproval of ,governor's revised financial plan and budget 7i7 ,in general ,if the ,council determines that the revised financial plan and budget for the fiscal year submitted by the ,governor under subparagraph 7,a7 does not meet the requirements applicable under section #bja1 the ,council shall-- 7,i7 disapprove the financial plan and budget2 7,,ii7 shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a statement containing the reasons for such disapproval2 and 7,,iii7 recommend a financial plan and budget for the ,government of ,puerto ,rico which meets the requirements applicable under section #bja and submit such financial plan and budget to the ,governor and the ,legislative ,assembly4 7ii7 ,submission of rejected financial plan and budget ,the ,governor shall promptly submit the revised financial plan and budget disapproved by the ,council under this subparagraph to the ,legislative ,assembly4 7,d7 ,deemed approval after #ae days 7i7 ,in general ,if the ,council has not provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with a notice certifying approval under subparagraph 7,b77i7 or a statement of disapproval under subparagraph 7,c7 upon the expiration of the #ae-;day period which begins on the date the ,council receives the revised financial plan and budget submitted by the ,governor under subparagraph 7,a71 the ,council shall be deemed to have approved the revised financial plan and budget and to have provided the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with the notice certifying approval described in subparagraph 7,b77i74 7ii7 ,explanation of failure to respond ,if clause 7i7 applies with respect to a financial plan and budget1 the ,council shall provide the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the #ae-;day period described in such clause4 7#c7 ,action by ,legislative ,assembly 7,a7 ,adoption of financial plan and budget ,not later than #cj days after receiving the ,governor's approved revised financial plan and budget for the fiscal year under paragraph 7#b77;,b7 or 7in the case of a financial plan and budget disapproved by the ,council7 the financial plan and budget recommended by the ,council under paragraph 7#b77;,c77i77,,iii71 the ,legislative ,assembly shall by ,act adopt a financial plan and budget for the fiscal year which shall serve as the adoption of the budgets of the ,government of ,puerto ,rico for the fiscal year under such section1 and shall submit the financial plan and budget to the ,governor and the ,council4 7,b7 ,review by authority ,the financial plan and budget submitted by the ,legislative ,assembly under subparagraph 7,a7 shall be subject to review by the ,council and revision by the ,legislative ,assembly in the same manner as the financial plan and budget submitted by the ,legislative ,assembly after an approved preliminary financial plan and budget of the ,governor under paragraphs 7#c71 7#d71 7#e71 and 7#f7 of subsection 7c74 7e7 ,revisions to financial plan and budget 7#a7 ,permitting ,governor to submit revisions ,the ,governor may submit proposed revisions to the financial plan and budget to the ,council at any time during the year4 7#b7 ,process for review1 approval1 disapproval1 and ,legislative ,assembly action ,except as provided in paragraph 7#c71 the procedures described in subsections 7b71 7c71 and 7d7 shall apply with respect to a proposed revision to a financial plan and budget in the same manner as such procedures apply with respect to the original financial plan and budget1 except that subparagraph 7,b7 of subsection 7c77#a7 7relating to deemed approval by the ,council of a preliminary financial plan and budget of the ,governor7 shall be applied as if the reference to the term #cj-;day period were a reference to #bj-;day period4 7#c7 ,exception for revisions not affecting appropriations ,to the extent that a proposed revision to a financial plan and budget adopted by the ,legislative ,assembly pursuant to this subsection does not increase the amount of spending with respect to any account of the ,government of ,puerto ,rico1 the revision shall become effective upon the ,council's approval of such revision4 #bjc4 ,restrictions on borrowing by ,puerto ,rico 7a7 ,in general ,the ,government of ,puerto ,rico may not borrow money unless the ,council provides prior certification that both the receipt of funds through such borrowing and the repayment of obligations incurred through such borrowing are consistent with the financial plan and budget for the year4 7b7 ,revisions to financial plan and budget permitted ,if the ,council determines that the borrowing proposed to be undertaken by the ,government of ,puerto ,rico is not consistent with the financial plan and budget1 the ,governor may submit to the ,council a proposed revision to the financial plan and budget in accordance with section #bjb7;e7 so that the borrowing will be consistent with the financial plan and budget as so revised4 7c7 ,borrowing described ,this section shall apply with respect to any borrowing undertaken by the ,government of ,puerto ,rico4 #bjd4 ,effect of finding of noncompliance with financial plan and budget 7a7 ,submission of reports ,not later than #cj days after the expiration of each quarter of each fiscal year1 the ,governor shall submit reports to the ,council describing the actual revenues obtained and expenditures made by the ,government of ,puerto ,rico during the quarter with its cash flows during the quarter1 and comparing such actual revenues1 expenditures1 and cash flows with the most recent projections for these items4 7b7 ,demand for additional information ,if the ,council determines1 based on reports submitted by the ,governor under subsection 7a71 independent audits1 or such other information as the ,council may obtain1 that the revenues or expenditures of the ,government of ,puerto ,rico are not consistent with the financial plan and budget for the year1 the ,council shall require the ,governor to provide such additional information as the ,council determines to be necessary to explain the inconsistency4 7c7 ,certification of variance ,after requiring the ,governor to provide additional information under subsection 7b71 the ,council shall certify to the ,legislative ,assembly1 the ,president1 and ,congress that the ,government of ,puerto ,rico is at variance with the financial plan and budget unless-- 7#a7 7,a7 the additional information provides an explanation for the inconsistency which the ,council finds reasonable and appropriate2 or 7,b7 the ,government of ,puerto ,rico adopts or implements remedial action 7including revising the financial plan and budget pursuant to section #bjb7;e77 to correct the inconsistency which the ,council finds reasonable and appropriate1 taking into account the terms of the financial plan and budget2 and 7#b7 the ,governor agrees to submit the reports described in subsection 7a7 on a monthly basis for such period as the ,council may require4 7d7 ,effect of certification ,if the ,council certifies to the ,secretary of the ,treasury that a variance exists1 the ,secretary shall withhold funds otherwise payable to ,puerto ,rico under such ,federal programs as the ,council may specify 7other than funds dedicated to making entitlement or benefit payments to individuals71 in such amounts and under such other conditions as the ,council may specify4 #bje4 ,recommendations on financial stability and management responsibility 7a7 ,in general ,the ,council may at any time submit recommendations to the ,governor1 the ,legislative ,assembly1 the ,president1 and ,congress on actions the ,government of ,puerto ,rico or the ,federal ,government may take to ensure compliance by the ,government of ,puerto ,rico with a financial plan and budget or to otherwise promote the financial stability1 management responsibility1 and service delivery efficiency of the ,government of ,puerto ,rico4 7b7 ,response to recommendations for actions within authority of ,government of ,puerto ,rico 7#a7 ,in general ,in the case of any recommendations submitted under subsection 7a7 which are within the authority of the ,government of ,puerto ,rico to adopt1 not later than #ij days after receiving the recommendations1 the ,governor or the ,legislative ,assembly 7whichever has the authority to adopt the recommendation7 shall submit a statement to the ,council1 the ,president1 and ,congress which provides notice as to whether the ,government of ,puerto ,rico will adopt the recommendations4 7#b7 ,implementation plan required for adopted recommendations ,if the ,governor or the ,legislative ,assembly 7whichever is applicable7 notifies the ,council and ,congress under paragraph 7#a7 that the ,government of ,puerto ,rico will adopt any of the recommendations submitted under subsection 7a71 the ,governor or the ,legislative ,assembly 7whichever is applicable7 shall include in the statement a written plan to implement the recommendation which includes-- 7,a7 specific performance measures to determine the extent to which the ,government of ,puerto ,rico has adopted the recommendation2 and 7,b7 a schedule for auditing the ,government of ,puerto ,rico's compliance with the plan4 7#c7 ,explanations required for recommendations not adopted ,if the ,governor or the ,legislative ,assembly 7whichever is applicable7 notifies the ,council1 the ,president1 and ,congress under paragraph 7#a7 that the ,government of ,puerto ,rico will not adopt any recommendation submitted under subsection 7a7 which the ,government of ,puerto ,rico has authority to adopt1 the ,governor or the ,legislative ,assembly shall include in the statement explanations for the rejection of the recommendations4 ,,iii ,debt ,restructuring #cja4 ,amendment ,section #aja7eb7 of title #aa1 ,united ,states ,code1 is amended to read as follows3 7#eb7 ,the term ,state includes ,puerto ,rico and1 except for the purpose of defining who may be a debtor under chapter #i of this title1 includes the ,district of ,columbia4 4 #cjb4 ,effective date2 application of amendment 7a7 ,effective date ,except as provided in subsection 7b71 this title and the amendment made by this title shall take effect on the date of the establishment of the ,puerto ,rico ,financial ,stability ,council under section #aja7;a7 of this ,act4 7b7 ,application of amendment ,the amendment made by this title shall apply with respect to-- 7#a7 cases commenced under title #aa of the ,united ,states ,code on or after the date of the establishment of the ,puerto ,rico ,financial ,stability ,council under section #aja7;a7 of this ,act1 and 7#b7 debts1 claims1 and liens created before1 on1 or after such date4 #cjc4 ,severability ,if any provision of this title or the application of such provision to any person or circumstance1 is found to be unconstitutional1 the remainder of this title1 or the application of that provision to other persons or circumstances1 shall not be affected4