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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8978 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8978

To establish the Office for the Equitable, Transparent, and Accountable 
          Puerto Rico Reconstruction, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2020

Mr. Garcia of Illinois (for himself, Mr. Espaillat, and Ms. Velazquez) 
 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, nonprofit 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 nonprofits 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 
                publically 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.
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