Sec. 104. Powers of Oversight Board

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The Oversight Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Oversight Board considers appropriate. The Oversight Board may administer oaths or affirmations to witnesses appearing before it. Any member or agent of the Oversight Board may, if authorized by the Oversight Board, take any action that the Oversight Board is authorized to take by this section. Notwithstanding sections 552 (commonly known as the Freedom of Information Act), 552a (commonly known as the Privacy Act of 1974), and 552b (commonly known as the Government in the Sunshine Act) of title 5, United States Code, the Oversight Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act, with the approval of the head of that department or agency.

Notwithstanding any other provision of law, the Oversight Board shall have the right to secure copies, whether written or electronic, of such records, documents, information, data, or metadata from the territorial government necessary to enable the Oversight Board to carry out its responsibilities under this Act. At the request of the Oversight Board, the Oversight Board shall be granted direct access to such information systems, records, documents, information, or data as will enable the Oversight Board to carry out its responsibilities under this Act.

The head of the entity of the territorial government responsible shall provide the Oversight Board with such information and assistance (including granting the Oversight Board direct access to automated or other information systems) as the Oversight Board requires under this paragraph. The Oversight Board may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Oversight Board.

Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in such account as the Oversight Board may establish and shall be available for disbursement upon order of the Chair, consistent with the Oversight Board’s bylaws, or rules and procedures. All gifts, bequests or devises and the identities of the donors shall be publicly disclosed by the Oversight Board within 30 days of receipt. The Oversight Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, documents, electronic files, metadata, tapes, and materials of any nature relating to any matter under investigation by the Oversight Board.

The attendance of witnesses and the production of such materials may be required from any place within the United States at any designated place of hearing within the United States. If a person refuses to obey a subpoena issued under paragraph (1), the Oversight Board may apply to the district court for the district for the covered territory or, for any territory that does not have a district court, to the United States District Court for the District of Hawaii, for an order requiring that person to appear before the Oversight Board to give testimony, produce evidence, or both, relating to the matter under investigation.

Any failure to obey the order of the court may be punished by the court as civil contempt. The subpoena of the Oversight Board shall be served in the manner provided for subpoenas issued by the district courts under the Federal Rules of Civil Procedure. Upon the request of the Oversight Board, the Administrator of General Services shall promptly provide to the Oversight Board, on a reimbursable basis, the administrative support services necessary for the Oversight Board to carry out its responsibilities under this Act.

The Executive Director may enter into such contracts as the Executive Director considers appropriate (subject to the approval of the Chair) consistent with the Oversight Board’s bylaws, rules, and regulations to carry out the Oversight Board’s responsibilities under this Act. The Oversight Board shall ensure the purposes of this Act are met, including by ensuring the prompt enforcement of any applicable laws of the covered territory prohibiting public sector employees from participating in a strike or lockout.

In the application of this subsection, with respect to Puerto Rico, the term applicable laws refers to 3 L.P.R.A. 1451q and 3 L.P.R.A. 1451r. If the Oversight Board determines in its sole discretion that the covered territory or covered territorial instrumentality has successfully reached a voluntary agreement with holders of its debt to restructure such debt in a manner that provides for a sustainable level of debt for such covered territory or covered territorial instrumentality and is in conformance with the certified Fiscal Plan as applicable— the Oversight Board shall issue a certification to the applicable covered territory or covered territorial instrumentality that the voluntary agreement provides for a sustainable level of debt and is in conformance with the applicable certified Fiscal Plan; and the effectiveness of any such voluntary agreement must be conditioned on the Oversight Board delivering the certification described in subparagraph (A).

Any voluntary agreements that the territorial government has consummated with holders of its debts to restructure such debt for the territorial government prior to the date of enactment of the Act shall be deemed to be in conformance with the requirements of this subsection. Subject to paragraph (3), before taking an action described in paragraph

(2)on behalf of a debtor or potential debtor in a case under title III, the Oversight Board must certify the action. The actions referred to in paragraph

(1)are— the filing of a petition; or the submission or modification of a plan of adjustment. The Oversight Board can only certify a plan of adjustment only if it is consistent with the applicable certified Fiscal Plan. The Oversight Board may seek judicial enforcement of its authority to carry out its responsibilities under this Act. Any officer or employee of the territorial government who prepares, presents, or certifies any information or report for the Oversight Board or any of its agents that is intentionally false or misleading, or, upon learning that any such information is false or misleading, fails to immediately advise the Oversight Board or its agents thereof in writing, shall be subject to prosecution and penalties under any laws of the territory prohibiting the provision of false information to government officials, which in the case of Puerto Rico, shall include 33 L.P.R.A. 4889. In addition to any other applicable penalty, any officer or employee of the territorial government who knowingly and willfully violates paragraph

(1)or takes any such action in violation of any valid order of the Oversight Board or fails or refuses to take any action required by any such order, shall be subject to appropriate administrative discipline, including (when appropriate) suspension from duty without pay or removal from office, by order of the Governor. In the case of a violation of paragraph

(2)by an officer or employee of the territorial government, the Governor shall immediately report to the Oversight Board all pertinent facts together with a statement of the action taken thereon.