Sec. 313. Powers of Authority
880 words·~4 min read·
/bill/114/s/2381/is/section-313·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Authority may, for the purpose of carrying out this title— hold hearings; sit and act at such times and places as the Authority considers appropriate; take testimony; receive evidence; administer oaths or affirmations to witnesses appearing before the Authority; and provide assistance and recommendations regarding financial stability and management responsibility to the Commonwealth government for the purposes of this title. Any member or agent of the Authority may, if authorized by the Authority, take any action that the Authority is authorized to take under this section.
Notwithstanding sections 552 and 552b of title 5, United States Code, the Authority may secure directly from any Federal department or agency information necessary to enable the Authority to carry out this title, with the approval of the head of the applicable Federal department or agency. Notwithstanding any other provision of law, the Authority shall have the right to secure copies of any records, documents, information, or data from any entity of the Commonwealth government necessary to enable the Authority to carry out the responsibilities of the Authority under this title.
At the request of the Authority, the Authority shall be granted direct access to any information systems, records, documents, information, or data described in subparagraph
(A)that would enable the Authority to carry out the responsibilities of the Authority under this title. The head of the department or agency of the Commonwealth government responsible for the information shall provide the Authority with any information and assistance (including granting the Authority direct access to automated or other information systems) as the Authority may require under this paragraph. The Authority may accept, use, and dispose of gifts, bequests, or devises of services and real and personal property for the purpose of aiding or facilitating the work of the Authority. Any gifts, bequests, or devises of money accepted by the Authority, and any proceeds from sales of other property received as gifts, bequests, or devises by the Authority, shall— be deposited in an account established by the Authority; and be available for disbursement on order of the chairperson of the Authority. The chairperson of the Authority may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Authority. The attendance of witnesses and the production of evidence may be required by the Authority— from any place within the United States; and at any designated place of hearing within the United States. If a person refuses to obey a subpoena issued under paragraph (1), the Authority may apply to a United States district court for an order requiring the person to appear before the Authority to give testimony or produce evidence relating to the matter under investigation. An application may be made under subparagraph
(A)in— the judicial district in which the hearing is conducted; or the judicial district in which the person subject to the subpoena is found, resides, or transacts business. The United States district court may treat as civil contempt any failure to obey the order of a court under this paragraph. The Authority shall serve subpoenas under this subsection in the manner provided for subpoenas issued by United States district court under the Federal Rules of Civil Procedure for the United States district courts. All service of process of any court to which application is made under paragraph
(2)may be served in the judicial district in which the person required to be served resides or may be found. On the request of the Authority, the Administrator of General Services may provide to the Authority, on a reimbursable basis, the administrative support services necessary for the Authority to carry out the responsibilities of the Authority under this title. The Executive Director of the Authority may enter into any contract that the Executive Director considers appropriate (subject to the approval of the chairperson of the Authority) to carry out the responsibilities of the Authority under this title. The Authority may seek judicial enforcement of the authority to carry out the responsibilities of the Authority under this title. Any officer or employee of the Commonwealth government shall be guilty of a misdemeanor if the officer or employee— takes any action in violation of any valid order of the Authority; or fails or refuses to take any action required by an order described in clause (i); or knowingly and willfully prepares, presents, or certifies any information (including any projections or estimates) or report for the Authority or any of the agents of the Board that is false or misleading; or on learning that any information described in clause
(i)is false or misleading, fails to immediately advise the Authority or agents of the Board in writing of the discovery. In addition to any other applicable penalty, any officer or employee of the Commonwealth government who knowingly and willfully violates paragraph
(1)shall be subject to appropriate administrative discipline, including, as appropriate— suspension from duty without pay; or removal from office by order of the Governor or Authority. In the case of a violation of paragraph
(1)by an officer or employee of the Commonwealth government, the Governor shall immediately submit to the Authority a report that— describes all pertinent facts; and includes a statement of the action taken relating to the violation.