Community Driven Recovery for Puerto Rico Act
This bill establishes an Office for Equitable, Transparent, and Accountable Puerto Rico Reconstruction which shall be headed by a Puerto Rico Civil Society Task Force.
The task force shall be an independent federal entity established to ensure accountability of and local oversight over reconstruction efforts in Puerto Rico.
The office shall be funded by the administrative portion of the estimated Community Development Block Grant Disaster Recovery disbursements for Puerto Rico.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9053 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9053
To establish the Office for the Equitable, Transparent, and Accountable
Puerto Rico Reconstruction, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Garcia of Illinois introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish the Office for the Equitable, Transparent, and Accountable
Puerto Rico Reconstruction, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Driven Recovery for Puerto
Rico Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Recovery from the devastation caused by natural
disasters should be agile, effective, and promote resiliency
for future disasters. Other priorities include promoting
accountability and transparency in the use of Federal funds
that will be spent in these efforts and implementing mechanisms
to ensure those ends.
(2) The current systems of the agencies in charge of
recovery in Puerto Rico are over-centralized and do not serve
the purpose of agile and effective planning and implementation
or of effective monitoring and accounting.
(3) The centralized system of Federal recovery spending for
Puerto Rico excludes most communities from program design and
program implementation prioritization, does not take advantage
of the local historical and institutional knowledge on the use
of Federal recovery funds, and is not as flexible and
responsive as the local implementation network.
(4) An Office for Equitable, Transparent, and Accountable
Puerto Rico Reconstruction should be established so that
diverse civil society leaders in Puerto Rico are in positions
to help ensure equitable, effective, transparent, and
accountable recovery and development of Puerto Rico.
(5) The work of the Office for Equitable, Transparent, and
Accountable Puerto Rico Reconstruction should be guided by the
following principles:
(A) Equitable and resilient recovery and
development that is responsive to under-served
populations and vulnerable groups as well as applies
innovative and sustainable investments.
(B) An empowered civil society in Puerto Rico that
does not substitute State or local government, but that
is protected from abuse and that can participate in the
decision making processes through effective
participation mechanisms, as through their local
organizations and government representatives.
(C) Effective and agile spending of Federal funds
for the recovery and long-term resiliency of families,
communities, municipalities, and local Puerto Rican
businesses and organizations.
(D) Accountability of those executing and
implementing plans and programs, and transparency
before the Federal Government and the people from
Puerto Rico.
(E) Recovery efforts that feed on local knowledge
and visions on how to rebuild the island.
(F) A regional approach to mitigation and
adaptation through the coordination of Federal, State,
local, and community efforts.
SEC. 3. OFFICE FOR EQUITABLE, TRANSPARENT, AND ACCOUNTABLE PUERTO RICO
RECONSTRUCTION.
(a) Establishment of the Office for Equitable, Transparent, and
Accountable Puerto Rico Reconstruction.--There is established the
Office for Equitable, Transparent, and Accountable Puerto Rico
Reconstruction which shall be headed by the Puerto Rico Civil Society
Task Force with the lead of its Chairperson.
(b) Civil Society Task Force.--
(1) Establishment.--There is hereby established the Puerto
Rico Civil Society Task Force as an independent Federal entity
established to ensure accountability of and local oversight
over reconstruction efforts in Puerto Rico.
(2) Composition.--The Task Force shall be composed of 13
members, who shall be selected not more than 60 days after the
date of the enactment of this Act as follows:
(A) Two members to represent the municipalities of
Puerto Rico, selected by the 78 Mayors of Puerto Rico
in an election held during a general assembly of
Mayors. Each Mayor shall nominate a resident of their
municipality to participate as a candidate for
representative to the civil society task force.
Candidates should be of legal age and should not be
employed by the government.
(B) Four members to represent the organized low-
moderate income communities, selected in an election
held during a general assembly of eligible community
leaders. Eligible community leaders shall have been the
elected representatives of their official community
Board as shown by certification from that Board.
(C) Two members to represent community based non-
profit organizations, selected in an election held
during a general assembly of eligible non-profit
organizations. Eligible non-profit organizations must
be registered as such in the Puerto Rico State
Department, be exempt from local or federal taxes, and
provide socioeconomic services directly to communities,
including social services, education, health, economic
development, housing, environment, culture and arts.
Educational institutions, such as private schools,
universities or other post-secondary education
organizations, or hospitals that are not small
community health providers are not eligible to
participate in the general assembly of non-profit
organizations.
(D) One member to represent the foundation and
philanthropic sector, selected in an election held
during a general assembly of eligible non-profit
philanthropic foundations. Eligible philanthropic
foundations must be registered as such in the Puerto
Rico State Department, and concentrate their efforts in
offering grants, donations and financial support to
other service providers.
(E) One member to represent the business sector,
selected in an election held during a general assembly
convened by the principal business organizations of
Puerto Rico, including the Puerto Rico Chamber of
Commerce, Cooperative Executives Association
(Asociacion de Ejecutivos de Cooperativas), Centro
Unido de Detallistas, Entrepreneurs for Puerto Rico
(Empresarios por Puerto Rico), the Public Accountant
Bar (Colegio de Contadores Publicos Autorizados) and
the Economist Association of Puerto Rico (Asociacion de
Economistas de Puerto Rico).
(F) One member to represent labor unions, selected
through an election held during a general assembly of
eligible unions in Puerto Rico. An eligible union must
be recognized as such by the Department of Labor.
(G) Two members to represent higher academic
institutions, colleges and universities in Puerto Rico,
one selected by the University of Puerto Rico, and
another selected in an election held during a general
assembly of eligible private higher education
institutions. Eligible private higher education
institution must be recognized as such by the Puerto
Rico State Department Board of Postsecondary
Institutions.
(3) Election coordination and consultation.--A working
group composed of the Puerto Rico Commission of Civil
Liberties, the Association of Professionals of Social Work and
the Puerto Rico Bar Association will establish uniform
standards for the elections and general assemblies outlined
above. The working group will develop standards outlining the
following:
(A) Timely and effective notification of
participants in each general assembly.
(B) Verification of participant eligibility in each
general assembly.
(C) Procedures for holding elections to determine
each group's representative to the Civil Society Task
Force.
(D) Uniform standards for quorum and necessary
parliamentary mechanisms to guarantee a fair general
assembly and election process for all eligible
participants.
(E) Best practices for encouraging gender parity in
the selection process.
(4) Term; removal.--The term of a member of the Task Force
shall be for the duration of the Task Force, unless the member
is removed in accordance with a process established by--
(A) the Mayors of Puerto Rico, in the case of
members described in paragraph (2)(A); and
(B) the assembly of the sector that selected the
member, in the case of members described in
subparagraphs (B) through (G) of paragraph (2).
(5) Dissolution; reactivation.--
(A) Dissolution.--The Task Force shall continue
until 180 days consecutive days have elapsed during
which--
(i) all recovery projects undertaken with
Federal funds have been implemented; and
(ii) no active emergency or disaster
declaration has been in force or been
petitioned by the Governor of Puerto Rico.
(B) Reactivation.--If, after the Task Force has
dissolved, an emergency or disaster declaration is
petitioned by the Governor of Puerto Rico, the Task
Force shall be reactivated.
(c) Civil Society Task Force Representatives to the Agencies.--
(1) Appointment of representatives.--
(A) Nomination.--Not later than 90 days after the
date of the enactment of this Act, the Task Force shall
submit to each agency the name of two individuals with
the qualifications listed in paragraph (3), as nominees
to represent the Task Force at that agency.
(B) Appointment.--Each agency shall appoint one of
the individuals nominated under subparagraph (A) as the
Civil Society Task Force Representative at that agency.
(C) Expansion.--The Civil Society Task Force may
call for the creation of additional Civil Society Task
Force Representatives if this is required for proper
oversight of Federal funds for recovery.
(2) Term.--The term of each Civil Society Task Force
Representative shall be--
(A) one year; and
(B) subsequent one-year terms, if the Civil Society
Task Force Representative is renominated by unanimous
vote of the Task Force.
(3) Qualifications.--To be nominated under paragraph (1),
an individual shall--
(A) have substantial knowledge and expertise in
post-disaster planning, including establishing credible
and transparent governance structures;
(B) be fluent in both English and Spanish
languages;
(C) have demonstrated expertise and experience in
Federal and local disaster recovery policy, resilience
planning, socio-economic development, environmental
justice, rights-based policies to address poverty and
inequality, or a combination of those fields;
(D) not currently provide goods or services to the
government of the Commonwealth of Puerto Rico in the
preceding calendar year;
(E) not be the spouse, parent, child, or sibling of
a person who provides or has provided goods and
services to the government of the Commonwealth of
Puerto Rico in the preceding calendar year; and
(F) not be an officer, employee of, or former
officer or employee of the government of the
Commonwealth of Puerto Rico in the preceding 3 calendar
years.
(d) Duties, Responsibilities, Powers, Authority, and Reports.--
(1) Duties of the task force.--To ensure participation,
optimization, accountability, and transparency of the disaster
recovery process in Puerto Rico, the duties of the Task Force
shall be the following:
(A) Promote collaboration between Federal agencies,
the central Government of Puerto Rico, local municipal
governments, non-profit organizations, local
businesses, and other civil society groups involved in
the recovery process and to ensure that people with
disabilities and elderly populations are prioritized
and able to participate in the planning and
implementation process.
(B) Through the Civil Society Task Force
Representatives, initiate regional, collaborative
actions for mitigation, adaptation and disaster risk
recovery and oversee agencies and institutions to
ensure that they undertake proper stakeholder analysis
for effective public participation.
(C) With the assistance of the Civil Society Task
Force Representatives, review, assess, and oversee the
operation of the programs funded with Federal funds to
ensure that policies and recovery and development
project prioritization and implementation--
(i) achieve equitable and resilient
outcomes that help the people most in need; and
(ii) incorporate participatory structures
that respond to underserved populations and
vulnerable groups, use local knowledge, and
apply innovative and sustainable solutions.
(D) Propose ways in which the canalization of
Federal funds can be agile.
(E) Identify problems of accountability and
transparency that should be solved by each agency.
(F) Review the data used and produced by the
programs and make sure that data is available for
public review.
(G) With the assistance of the Civil Society Task
Force Representatives, provide information to the
public about the progress of programs in addressing the
needs of resilient recovery.
(H) With the assistance of the Civil Society Task
Force Representatives--
(i) identify duplication; and
(ii) propose solutions to onerous
requirements and other problems that cause
backlogs.
(I) Monitor that recovery actions and programs do
not violate human rights, especially those of the most
vulnerable populations.
(J) Facilitate cooperation between community
organizations and experts in Puerto Rico to build a
base of local knowledge and best practices for disaster
preparedness, relief, recovery and reconstruction;
enhance local capacity to carry out Federal contracts
in those areas; and establish processes within Federal
agencies to ensure that Federal contracts benefit local
organizations, firms, and individuals.
(K) Produce and publish impact dashboards with the
reports required under paragraph (4)(A).
(L) Contract and consult with local scientists,
professionals and non-profits whenever possible and
justify any contract with an organization, firm, or
individual based outside of Puerto Rico in writing in
the contract file.
(2) Duties of the civil society task force
representative.--Each Civil Society Task Force Representative
shall--
(A) work within their agency to develop work plans
and execute the duties of the Task Force, as outlined
above;
(B) serve as special advisors to the Executive
Directors of their agency to oversee processes in which
priorities are identified, criteria established, final
documentation is produced for submission to the Federal
agencies for release of funds and to attend to any
concern about transparency and accountability in
contracting, among other possible duties within their
responsibilities before the Task Force;
(C) ensure that policies and guidelines are in
place to protect against discrimination and
displacement, and guarantee the right to housing and
other lifelines to low-, moderate-income and vulnerable
communities;
(D) serve as special advisors to the top official
responsible for Puerto Rico funding to oversee
processes of creation and implementation of policies
that ensure effective public participation and
equitable recovery and development; that the requests
made by local agencies are expeditiously processed;
attend to any concern about transparency and
accountability in contracting, among other possible
duties within their responsibilities before the Task
Force; and
(E) meet with the Task Force at least on a monthly
basis, and provide reports as outlined in this article,
in subsection (e)(3)(A).
(3) Duties; authority.--To carry out its duties, the Office
shall have the following duties and authority:
(A) Adopt internal policies and regulations for the
proper operations and execution of the obligations of
the Office, including the selection of the Chairman of
the Task Force, who will be the leader and spokesperson
of the Office.
(B) Designate and hire the necessary personnel to
carry out the duties of the Office. Such personnel
shall be duly qualified, with no conflicts of interest.
Outside consultants and businesses may be designated or
hired only if all the documentation regarding such
hiring, compensation, and evaluation is publicly
available on the website of the Task Force. Local firms
and professionals shall be given priority and the
economic impact hiring such firm and professionals will
have on the economy of Puerto Rico will be a positive
factor during any hiring decisions. Hiring of
businesses with less than 5 full time employees based
in Puerto Rico should be explained with the explanation
available to the public.
(C) Develop, review, and implement an annual budget
and an operational plan for the Task Force.
(D) Request, when appropriate, technical support
from any public institution, including the University
of Puerto Rico, or other organizations.
(E) Hold meetings not less than once a month and
special meetings upon the request of 5 or more members
of the Task Force.
(F) Access the information necessary to discharge
its duties. If Federal or local agencies do not comply
with a request for information within 30 days after a
request for that information, the Task Force shall have
standing to seek and obtain judicial intervention. The
following information should be proactively disclosed
in a machine-readable format to enable proper
monitoring and oversight of recovery funds:
(i) Agendas, minutes and resolutions of all
official meetings.
(ii) Budget allocations, approval and
commitments.
(iii) Strategic plans, proposed activities/
projects, progress reports, approved budget and
monthly actual spending reports (incl. travel,
reimbursement information, contracts,
materials, staff wages, etc.).
(iv) Contractual documentation (incl. needs
assessment and feasibility study, procurement
plan and budget, tender announcements, tender/
bidding processes and rational, tender
documentation, funding source,
prequalification/request for proposals,
amendments to tenders, proposals/bids,
evaluation criteria, evaluation reports and
decisions, awards, contracts with annexes,
contract amendments, contractors' information,
progress and performance reports and
evaluations, evidence of service or products
rendered, audits, and payments).
(v) Hiring documentation (recruiting
announcements, evaluations and decisions, and
agreed upon contract and compensation
information).
(vi) Impact monitoring and evaluation
documentation.
(vii) Participatory mechanisms used and
outcomes, including notice and minutes of
public hearings/consultations.
(viii) Urban planning agreements and
modifications.
(ix) Relevant regulations, policies,
protocols, codes or plans.
(x) External and internal audits.
(xi) Additional public information
requests, shall be evaluated and provided
within 30 days, excluding confidential
information, as determined by law.
(G) File reports before local or Federal
Governments, as required in this Act and to fulfill its
duties.
(H) Propose rules and policies relating to
promoting the principles listed in section 1(5).
(I) Order monitoring and auditing processes.
(J) Have primary jurisdiction to intervene, have
knowledge of, and conduct, on the initiative of the
Task Force, any investigation on any matter or dispute
relating to the principles and its duties under this
Act.
(K) Request specific actions from agency directors
relating to the Task Force duties.
(L) Advocate for strong administrative oversight
and have standing to undertake administrative or
judicial review processes as needed.
(4) Reports.--
(A) Not later than 180 days after the date of the
enactment of this section, and not later than every 180
days thereafter, the Office shall file with the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, the Governor of Puerto Rico,
and the Legislative Assembly of Puerto Rico, and make
publicly available, a report that describes--
(i) the progress of the Office in carrying
out its duties; and
(ii) the methods and results of the Office
in accomplishing its duties, measuring
effectiveness through quantity and with in-
depth consideration of the quality of the
processes achieved.
(B) The Civil Society Task Force Representatives
shall report to the Task Force every month regarding
the execution of their duties, including the flow of
funds, the implementation of projects, challenges,
roadblocks and successes, and progress towards
resilient recovery.
(C) All reports required under this paragraph shall
be produced in both English and Spanish.
(D) Before dissolution, the Task Force shall
produce a report that illustrates, in detail, how the
Task Force fulfilled its duties, outline challenges,
roadblocks and successes, explain its conclusions and
provide final recommendations. This report shall be
publicly available and shall be submitted to Congress,
all the agencies involved in recovery, the Governor of
Puerto Rico, and the Legislative Assembly of Puerto
Rico.
(e) Funding for Operation.--The Office shall be funded by the
administrative portion of the estimated Community Development Block
Grant Disaster Recovery disbursements for Puerto Rico. The funds should
be sufficient to carry out the duties of the Office, including funds to
pay fair compensation to members and staff of the Task Force, based on
the annual budget prepared for the Department of Housing and Urban
Development and the Puerto Rico Housing Department, as determined by
the Task Force, that shall be included as a project cost within the
recovery programs and prioritized over other private contracting costs.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Agency.--The term ``agency'' means each of the
following:
(A) The Federal Emergency Management Agency.
(B) The Department of Housing and Urban
Development.
(C) The Puerto Rico Central Recovery and
Reconstruction Office.
(D) The Puerto Rico Housing Department.
(2) Civil society task force representative.--The term
``Civil Society Task Force Representative'' means an individual
appointed under section 2(c).
(3) Office.--The term ``Office'' means the Office for the
Equitable, Transparent, and Accountable Puerto Rico
Reconstruction established by this Act.
(4) Task force.--The term ``Task Force'' means the Puerto
Rico Civil Society Task Force established under this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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