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II
116TH CONGRESS
1ST SESSION
S. 23
To establish a national commission on the Federal response to the 2017
natural disasters in Puerto Rico, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 3, 2019
Mrs. GILLIBRAND (for herself, Ms. WARREN, Mr. MARKEY, Mr. SCHUMER,
Ms. HARRIS, and Mr. BLUMENTHAL) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
A BILL
To establish a national commission on the Federal response
to the 2017 natural disasters in Puerto Rico, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘National Commission
4
on the Federal Response to Natural Disasters in Puerto
5
Rico Act of 2019’’.
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SEC. 2. ESTABLISHMENT AND PURPOSE.
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(a) ESTABLISHMENT.—There is established a Na-
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tional Commission on the Federal Response to Natural
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Disasters in Puerto Rico (in this Act referred to as the
1
‘‘Commission’’).
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(b) PURPOSE.—The purpose of the Commission is to
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examine the Federal preparedness, response, and recovery
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to the 2017 natural disasters in Puerto Rico, including
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the Federal Government’s consideration of the following
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aspects:
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(1) Federal preparedness activities prior to
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Hurricanes Irma and Maria, including Federal plans
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for the 2017 hurricane season and decision making
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regarding prepositioning contracts and supplies.
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(2) Federal response activities during Hurri-
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canes Irma and Maria, including Federal coordina-
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tion, distribution of assistance, and contracting.
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(3) Federal recovery activities after Hurricanes
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Irma and Maria, including Federal efforts to obtain
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accurate accounting of the death toll, damage im-
17
pacts, and long-term rebuilding assistance for sur-
18
vivors.
19
SEC. 3. CONSIDERATIONS.
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To carry out its examination, the Commission shall
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take into consideration the Federal preparedness, re-
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sponse, and recovery efforts in Puerto Rico as compared
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to other jurisdictions that were impacted by the 2017 hur-
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ricane season, as well as the following issues:
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(1) The impact and destruction of Hurricane
1
Irma, Hurricane Maria, the resulting landslides, and
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flooding.
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(2) The adequacy of the death toll methodology
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and processes, and whether previous death counts
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and mortality estimates slowed or otherwise affected
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Federal response efforts.
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(3) The Federal emergency and contingency
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plans in place before the 2017 hurricane season.
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(4) The Federal preparedness guidelines issued
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ahead of the 2017 hurricane season.
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(5) The vulnerability of Puerto Rico’s economic
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situation on Federal preparedness.
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(6) The implications of Puerto Rico’s reliance
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on imported oil for power generation.
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(7) The adequacy of the telecommunications
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network in Puerto Rico.
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(8) The capacity of the local government and
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Federal Government to quickly mobilize and respond
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to disasters and emergencies in Puerto Rico.
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(9) The impact of the uncertainty in long-term
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Federal health care funding on medical and emer-
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gency readiness.
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(10) The implication of Puerto Rico’s treatment
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under the Internal Revenue Code of 1986 and its
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impact on readiness.
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(11) The adequacy of available data and its ef-
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fects on the Federal response.
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(12) The geographic, ecological, and infrastruc-
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ture issues that could have affected response efforts.
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(13) A comparison of response efforts in other
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United States jurisdictions vis-a-vis efforts in Puerto
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Rico for the 2017 hurricane season.
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SEC. 4. COMPOSITION AND COMPENSATION OF COMMIS-
11
SION.
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(a) MEMBERS.—The Commission shall be composed
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of 8 members, of whom two shall be appointed by the
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Speaker of the House of Representatives, two shall be ap-
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pointed by the Majority Leader of the Senate, two shall
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be appointed by the Minority Leader of the House of Rep-
17
resentatives, and two shall be appointed by the Minority
18
Leader of the Senate.
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(b) CHAIR AND VICE CHAIR.—The Commission, by
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majority vote, shall choose a Chair and Vice Chair.
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(c) QUALIFICATIONS AND RESTRICTIONS.—
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(1) IN GENERAL.—Individuals shall be selected
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for appointment on the Commission solely on the
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basis of their professional qualifications, experience,
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and expertise in relevant fields, including disaster re-
1
sponse and emergency preparedness.
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(2) RESTRICTIONS.—Individuals may not be an
3
officer or employee of the Federal Government or
4
any State, or a current elected official of the local
5
government.
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(d) APPOINTMENT.—
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(1) IN GENERAL.—All members of the Commis-
8
sion shall be appointed not later than 30 days after
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the date of the enactment of this Act.
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(2) PRESIDENTIAL AUTHORITY.—The President
11
shall have no authority to terminate the appointment
12
of any member of the commission.
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(e) VACANCIES.—Any vacancy in the Commission
14
shall not affect its powers, but shall be filled in the same
15
manner in which the original appointment was made not
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later than 60 days after the date on which the vacancy
17
occurs.
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(f) COMPENSATION.—
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(1) IN GENERAL.—Members of the Commission
20
may be compensated for travel expenses necessary to
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conduct the work and services for the Commission.
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(2) TRAVEL
EXPENDITURES.—Members shall
23
be allowed travel expenditures, including per diem in
24
lieu of subsistence, in the same manner as persons
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employed intermittently in the Government service
1
are allowed expenses under section 5703 of title 5,
2
United States Code.
3
(g) STAFF.—
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(1) IN GENERAL.—With a majority vote of the
5
Commission, members may recruit personnel to as-
6
sist with the Commission’s work, including the cre-
7
ation of the report.
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(2) PERSONNEL.—Any such personnel may in-
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clude private citizens, employees or detailees of the
10
Federal Government, or employees of the territorial
11
government.
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SEC. 5. FUNCTIONS AND POWERS OF THE COMMISSION.
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(a) QUORUM.—
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(1) IN GENERAL.—Not later than 60 days after
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the date on which all members of the Commission
16
have been appointed, the Commission shall meet and
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begin the operations of the Commission.
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(2) SUBSEQUENT MEETINGS.—Each subsequent
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meeting shall occur upon the call of the Chair or a
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majority of its members.
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(3) QUORUM.—A majority of the members of
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the Commission shall constitute a quorum, but a
23
lesser number may hold meetings.
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(b) PUBLIC MEETINGS.—The Commission shall host
1
not less than 10 public meetings in locations that are ac-
2
cessible to individuals of every municipality with elected
3
officials, local community leaders, academic institutions,
4
for-profit and non-for-profit organizations, and individuals
5
in Puerto Rico to the extent appropriate.
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(c) WRITTEN INPUT.—The Commission shall allow
7
participants both in Puerto Rico and the mainland to pro-
8
vide written input to be included in an appendix of the
9
final report.
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(d) HEARINGS.—
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(1) IN GENERAL.—The Commission may hold
12
hearings, take testimony, and receive evidence for its
13
investigation.
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(2) PROTECTION OF INFORMATION.—Any pub-
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lic hearings of the Commission shall be conducted in
16
a manner consistent with the protection of informa-
17
tion provided to or developed for or by the Commis-
18
sion as required by any applicable statute, regula-
19
tion, or Executive order.
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(e) SUBPOENAS.—The Commission may issue sub-
21
poenas requiring the attendance and testimony of wit-
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nesses, and requiring the submission of data, books,
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records, correspondence, memoranda, papers, documents,
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electronic files, metadata, tapes, and materials of any na-
1
ture relating to any matter under investigation.
2
(f) INFORMATION FROM AGENCIES.—The Commis-
3
sion may secure directly from any executive department,
4
bureau, agency, board, commission, office, independent es-
5
tablishment, or instrumentality of the Government, infor-
6
mation, suggestions, estimates, and statistics.
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(g) GSA SERVICES.—The Administrator of General
8
Services shall provide to the Commission on a reimburs-
9
able basis administrative support and other services for
10
the performance of the Commission’s functions.
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(h) FEDERAL ASSISTANCE FROM OTHER AGEN-
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CIES.—Departments and agencies of the United States
13
may provide to the Commission such services, funds, facili-
14
ties, staff, and other support services as they may deter-
15
mine advisable and as may be authorized by law.
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(i) POSTAL SERVICES.—The Commission may use
17
the United States mails in the same manner and under
18
the same conditions as other departments and agencies of
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the United States.
20
SEC. 6. REPORTS OF COMMISSION.
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(a) REPORT.—Not later than 12 months after the
22
date of the enactment of this Act, the Commission shall
23
submit to the President and Congress a final report on
24
the causes and circumstances surrounding the natural dis-
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asters in Puerto Rico, including preparedness and imme-
1
diate response, and providing recommendations to guard
2
against future natural disasters outside of the continental
3
United States, which shall contain findings, conclusions,
4
and recommendations as have been agreed to by a major-
5
ity of Commission members and shall—
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(1) be made available to the public in the
7
English and Spanish languages;
8
(2) include findings for the issues described in
9
section 2; and
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(3) include—
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(A) the number and nature of complaints
12
filed to the Inspectors General for Federal
13
agencies responsible in the aftermath of the
14
2017 natural disasters;
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(B) details on Federal procurement and
16
acquisition practices in the aftermath of the
17
2017 natural disasters;
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(C) details on disaster mitigation protocols
19
given cultural and language differences; and
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(D) disaster response processes taking into
21
account demographics (age, race, gender, in-
22
come) and the impact on segments of the popu-
23
lation with disabilities.
24
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(b) APPENDIX.—An appendix to the final report shall
1
include written input of participants in Puerto Rico and
2
the mainland.
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(c) INTERIM REPORT.—Not later than 6 months
4
after the date of enactment of this Act, the Commission
5
shall provide to Congress an interim report.
6
SEC. 7. SUNSET.
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The Commission shall terminate on the day that is
8
90 days after the date on which the final report is sub-
9
mitted.
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SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
11
There is authorized to be appropriated $3,000,000 to
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carry out this Act, to remain available until expended.
13
Æ
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