I 

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. GARCI ́A of Illinois (for himself, Mr. ESPAILLAT, and Ms. VELA ́ZQUEZ) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Driven Re5 covery for Puerto Rico Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Recovery from the devastation caused by 

2 natural disasters should be agile, effective, and pro3 mote resiliency for future disasters. Other priorities 

4 include promoting accountability and transparency 

5 in the use of Federal funds that will be spent in 

6 these efforts and implementing mechanisms to en7 sure those ends. 

8 (2) The current systems of the agencies in 

9 charge of recovery in Puerto Rico are over-central10 ized and do not serve the purpose of agile and effec11 tive planning and implementation or of effective 

12 monitoring and accounting. 

13 (3) The centralized system of Federal recovery 

14 spending for Puerto Rico excludes most communities 

15 from program design and program implementation 

16 prioritization, does not take advantage of the local 

17 historical and institutional knowledge on the use of 

18 Federal recovery funds, and is not as flexible and re19 sponsive as the local implementation network. 

20 (4) An Office for Equitable, Transparent, and 

21 Accountable Puerto Rico Reconstruction should be 

22 established so that diverse civil society leaders in 

23 Puerto Rico are in positions to help ensure equi24 table, effective, transparent, and accountable recov25 ery and development of Puerto Rico. 


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1 (5) The work of the Office for Equitable, 

2 Transparent, and Accountable Puerto Rico Recon3 struction should be guided by the following prin4 ciples: 

5 (A) Equitable and resilient recovery and 

6 development that is responsive to under-served 

7 populations and vulnerable groups as well as 

8 applies innovative and sustainable investments. 

9 (B) An empowered civil society in Puerto 

10 Rico that does not substitute State or local gov11 ernment, but that is protected from abuse and 

12 that can participate in the decision making 

13 processes through effective participation mecha14 nisms, as through their local organizations and 

15 government representatives. 

16 (C) Effective and agile spending of Federal 

17 funds for the recovery and long-term resiliency 

18 of families, communities, municipalities, and 

19 local Puerto Rican businesses and organiza20 tions. 

21 (D) Accountability of those executing and 

22 implementing plans and programs, and trans23 parency before the Federal government and the 

24 people from Puerto Rico. 


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1 (E) Recovery efforts that feed on local 

2 knowledge and visions on how to rebuild the is3 land. 

4 (F) A regional approach to mitigation and 

5 adaptation through the coordination of Federal, 

6 State, local, and community efforts. 

7 SEC. 3. OFFICE FOR EQUITABLE, TRANSPARENT, AND AC8 COUNTABLE PUERTO RICO RECONSTRUC9 TION. 

10 (a) ESTABLISHMENT OF THE OFFICE FOR EQUI11 TABLE, TRANSPARENT, AND ACCOUNTABLE PUERTO

12 RICO RECONSTRUCTION.—There is established the Office 

13 for Equitable, Transparent, and Accountable Puerto Rico 

14 Reconstruction which shall be headed by the Puerto Rico 

15 Civil Society Task Force with the lead of its Chairperson. 

16 (b) CIVIL SOCIETY TASK FORCE.— 

17 (1) ESTABLISHMENT.—There is hereby estab18 lished the Puerto Rico Civil Society Task Force as 

19 an independent Federal entity established to ensure 

20 accountability of and local oversight over reconstruc21 tion efforts in Puerto Rico. 

22 (2) COMPOSITION.—The Task Force shall be 

23 composed of 13 members, who shall be selected not 

24 more than 60 days after the date of the enactment 

25 of this Act as follows: 


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1 (A) Two members to represent the munici2 palities of Puerto Rico, selected by the 78 May3 ors of Puerto Rico in an election held during a 

4 general assembly of Mayors. Each Mayor shall 

5 nominate a resident of their municipality to 

6 participate as a candidate for representative to 

7 the civil society task force. Candidates should 

8 be of legal age and should not be employed by 

9 the government. 

10 (B) Four members to represent the orga11 nized low-moderate income communities, se12 lected in an election held during a general as13 sembly of eligible community leaders. Eligible 

14 community leaders shall have been the elected 

15 representatives of their official community 

16 Board as shown by certification from that 

17 Board. 

18 (C) Two members to represent community 

19 based non-profit organizations, selected in an 

20 election held during a general assembly of eligi21 ble non-profit organizations. Eligible non-profit 

22 organizations must be registered as such in the 

23 Puerto Rico State Department, be exempt from 

24 local or federal taxes, and provide socio25 economic services directly to communities, inVerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8978.IH H8978

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1 cluding social services, education, health, eco2 nomic development, housing, environment, cul3 ture and arts. Educational institutions, such as 

4 private schools, universities or other post-sec5 ondary education organizations, or hospitals 

6 that are not small community health providers 

7 are not eligible to participate in the general as8 sembly of non-profit organizations. 

9 (D) One member to represent the founda10 tion and philanthropic sector, selected in an 

11 election held during a general assembly of eligi12 ble non-profit philanthropic foundations. Eligi13 ble philanthropic foundations must be reg14 istered as such in the Puerto Rico State De15 partment, and concentrate their efforts in offer16 ing grants, donations and financial support to 

17 other service providers. 

18 (E) One member to represent the business 

19 sector, selected in an election held during a gen20 eral assembly convened by the principal busi21 ness organizations of Puerto Rico, including the 

22 Puerto Rico Chamber of Commerce, Coopera23 tive Executives Association (Asociacio ́n de 

24 Ejecutivos de Cooperativas), Centro Unido de 

25 Detallistas, Entrepreneurs for Puerto Rico 


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1 (Empresarios por Puerto Rico), the Public Ac2 countant Bar (Colegio de Contadores Pu ́blicos 

3 Autorizados) and the Economist Association of 

4 Puerto Rico (Asociacio ́n de Economistas de 

5 Puerto Rico). 

6 (F) One member to represent labor unions, 

7 selected through an election held during a gen8 eral assembly of eligible unions in Puerto Rico. 

9 An eligible union must be recognized as such by 

10 the Department of Labor. 

11 (G) Two members to represent higher aca12 demic institutions, colleges and universities in 

13 Puerto Rico, one selected by the University of 

14 Puerto Rico, and another selected in an election 

15 held during a general assembly of eligible pri16 vate higher education institutions. Eligible pri17 vate higher education institution must be recog18 nized as such by the Puerto Rico State Depart19 ment Board of Postsecondary Institutions. 

20 (3) ELECTION COORDINATION AND CONSULTA21 TION.—A working group composed of the Puerto 

22 Rico Commission of Civil Liberties, the Association 

23 of Professionals of Social Work and the Puerto Rico 

24 Bar Association will establish uniform standards for 

25 the elections and general assemblies outlined above. 


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1 The working group will develop standards outlining 

2 the following: 

3 (A) Timely and effective notification of 

4 participants in each general assembly. 

5 (B) Verification of participant eligibility in 

6 each general assembly. 

7 (C) Procedures for holding elections to de8 termine each group’s representative to the Civil 

9 Society Task Force. 

10 (D) Uniform standards for quorum and 

11 necessary parliamentary mechanisms to guar12 antee a fair general assembly and election proc13 ess for all eligible participants. 

14 (E) Best practices for encouraging gender 

15 parity in the selection process. 

16 (4) TERM; REMOVAL.—The term of a member 

17 of the Task Force shall be for the duration of the 

18 Task Force, unless the member is removed in ac19 cordance with a process established by— 

20 (A) the Mayors of Puerto Rico, in the case 

21 of members described in paragraph (2)(A); and 

22 (B) the assembly of the sector that se23 lected the member, in the case of members de24 scribed in subparagraphs (B) through (G) of 

25 paragraph (2). 


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1 (5) DISSOLUTION; REACTIVATION.— 

2 (A) DISSOLUTION.—The Task Force shall 

3 continue until 180 days consecutive days have 

4 elapsed during which— 

5 (i) all recovery projects undertaken 

6 with Federal funds have been implemented; 

7 and 

8 (ii) no active emergency or disaster 

9 declaration has been in force or been peti10 tioned by the Governor of Puerto Rico. 

11 (B) REACTIVATION.—If, after the Task 

12 Force has dissolved, an emergency or disaster 

13 declaration is petitioned by the Governor of 

14 Puerto Rico, the Task Force shall be reac15 tivated. 

16 (c) CIVIL SOCIETY TASK FORCE REPRESENTATIVES

17 TO THE AGENCIES.— 

18 (1) APPOINTMENT OF REPRESENTATIVES.— 

19 (A) NOMINATION.—Not later than 90 days 

20 after the date of the enactment of this Act, the 

21 Task Force shall submit to each agency the 

22 name of two individuals with the qualifications 

23 listed in paragraph (3), as nominees to rep24 resent the Task Force at that agency. 


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1 (B) APPOINTMENT.—Each agency shall 

2 appoint one of the individuals nominated under 

3 subparagraph (A) as the Civil Society Task 

4 Force Representative at that agency. 

5 (C) EXPANSION.—The Civil Society Task 

6 Force may call for the creation of additional 

7 Civil Society Task Force Representatives if this 

8 is required for proper oversight of Federal 

9 funds for recovery. 

10 (2) TERM.—The term of each Civil Society 

11 Task Force Representative shall be— 

12 (A) one year; and 

13 (B) subsequent one year terms, if the Civil 

14 Society Task Force Representative is renomi15 nated by unanimous vote of the Task Force. 

16 (3) QUALIFICATIONS.—To be nominated under 

17 paragraph (1), an individual shall— 

18 (A) have substantial knowledge and exper19 tise in post-disaster planning, including estab20 lishing credible and transparent governance 

21 structures; 

22 (B) be fluent in both English and Spanish 

23 languages; 

24 (C) have demonstrated expertise and expe25 rience in Federal and local disaster recovery 


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1 policy, resilience planning, socio-economic devel2 opment, environmental justice, rights-based 

3 policies to address poverty and inequality, or a 

4 combination of those fields; 

5 (D) not currently provide goods or services 

6 to the government of the Commonwealth of 

7 Puerto Rico in the preceding calendar year; 

8 (E) not be the spouse, parent, child, or sib9 ling of a person who provides or has provided 

10 goods and services to the government of the 

11 Commonwealth of Puerto Rico in the preceding 

12 calendar year; and 

13 (F) not be an officer, employee of, or 

14 former officer or employee of the government of 

15 the Commonwealth of Puerto Rico in the pre16 ceding 3 calendar years. 

17 (d) DUTIES, RESPONSIBILITIES, POWERS, AUTHOR18 ITY, AND REPORTS.— 

19 (1) DUTIES OF THE TASK FORCE.—To ensure 

20 participation, optimization, accountability, and 

21 transparency of the disaster recovery process in 

22 Puerto Rico, the duties of the Task Force shall be 

23 the following: 

24 (A) Promote collaboration between Federal 

25 agencies, the central Government of Puerto 


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1 Rico, local municipal governments, nonprofit or2 ganizations, local businesses, and other civil so3 ciety groups involved in the recovery process 

4 and to ensure that people with disabilities and 

5 elderly populations are prioritized and able to 

6 participate in the planning and implementation 

7 process. 

8 (B) Through the Civil Society Task Force 

9 Representatives, initiate regional, collaborative 

10 actions for mitigation, adaptation and disaster 

11 risk recovery and oversee agencies and institu12 tions to ensure that they undertake proper 

13 stakeholder analysis for effective public partici14 pation. 

15 (C) With the assistance of the Civil Society 

16 Task Force Representatives, review, assess, and 

17 oversee the operation of the programs funded 

18 with Federal funds to ensure that policies and 

19 recovery and development project prioritization 

20 and implementation— 

21 (i) achieve equitable and resilient out22 comes that help the people most in need; 

23 and 

24 (ii) incorporate participatory struc25 tures that respond to underserved popuVerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8978.IH H8978

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1 lations and vulnerable groups, use local 

2 knowledge, and apply innovative and sus3 tainable solutions. 

4 (D) Propose ways in which the canalization 

5 of Federal funds can be agile. 

6 (E) Identify problems of accountability and 

7 transparency that should be solved by each 

8 agency. 

9 (F) Review the data used and produced by 

10 the programs and make sure that data is avail11 able for public review. 

12 (G) With the assistance of the Civil Society 

13 Task Force Representatives, provide informa14 tion to the public about the progress of pro15 grams in addressing the needs of resilient re16 covery. 

17 (H) With the assistance of the Civil Soci18 ety Task Force Representatives— 

19 (i) identify duplication; and 

20 (ii) propose solutions to onerous re21 quirements and other problems that cause 

22 backlogs. 

23 (I) Monitor that recovery actions and pro24 grams do not violate human rights, especially 

25 those of the most vulnerable populations. 


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1 (J) Facilitate cooperation between commu2 nity organizations and experts in Puerto Rico 

3 to build a base of local knowledge and best 

4 practices for disaster preparedness, relief, re5 covery and reconstruction; enhance local capac6 ity to carry out Federal contracts in those 

7 areas; and establish processes within Federal 

8 agencies to ensure that Federal contracts ben9 efit local organizations, firms, and individuals. 

10 (K) Produce and publish impact dash11 boards with the reports required under para12 graph (4)(A). 

13 (L) Contract and consult with local sci14 entists, professionals and nonprofits whenever 

15 possible and justify any contract with an orga16 nization, firm, or individual based outside of 

17 Puerto Rico in writing in the contract file. 

18 (2) DUTIES OF THE CIVIL SOCIETY TASK FORCE

19 REPRESENTATIVE.—Each Civil Society Task Force 

20 Representative shall— 

21 (A) work within their agency to develop 

22 work plans and execute the duties of the Task 

23 Force, as outlined above; 

24 (B) serve as special advisors to the Execu25 tive Directors of their agency to oversee procVerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H8978.IH H8978

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1 esses in which priorities are identified, criteria 

2 established, final documentation is produced for 

3 submission to the Federal agencies for release 

4 of funds and to attend to any concern about 

5 transparency and accountability in contracting, 

6 among other possible duties within their respon7 sibilities before the Task Force; 

8 (C) ensure that policies and guidelines are 

9 in place to protect against discrimination and 

10 displacement, and guarantee the right to hous11 ing and other lifelines to low-, moderate-income 

12 and vulnerable communities; 

13 (D) serve as special advisors to the top of14 ficial responsible for Puerto Rico funding to 

15 oversee processes of creation and implementa16 tion of policies that ensure effective public par17 ticipation and equitable recovery and develop18 ment; that the requests made by local agencies 

19 are expeditiously processed; attend to any con20 cern about transparency and accountability in 

21 contracting, among other possible duties within 

22 their responsibilities before the Task Force; and 

23 (E) meet with the Task Force at least on 

24 a monthly basis, and provide reports as outlined 

25 in this article, in subsection (e)(3)(A). 


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1 (3) DUTIES; AUTHORITY.—To carry out its du2 ties, the Office shall have the following duties and 

3 authority: 

4 (A) Adopt internal policies and regulations 

5 for the proper operations and execution of the 

6 obligations of the Office, including the selection 

7 of the Chairman of the Task Force, who will be 

8 the leader and spokesperson of the Office. 

9 (B) Designate and hire the necessary per10 sonnel to carry out the duties of the Office. 

11 Such personnel shall be duly qualified, with no 

12 conflicts of interest. Outside consultants and 

13 businesses may be designated or hired only if 

14 all the documentation regarding such hiring, 

15 compensation, and evaluation is publicly avail16 able on the website of the Task Force. Local 

17 firms and professionals shall be given priority 

18 and the economic impact hiring such firm and 

19 professionals will have on the economy of Puer20 to Rico will be a positive factor during any hir21 ing decisions. Hiring of businesses with less 

22 than 5 full time employees based in Puerto Rico 

23 should be explained with the explanation avail24 able to the public. 


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1 (C) Develop, review, and implement an an2 nual budget and an operational plan for the 

3 Task Force. 

4 (D) Request, when appropriate, technical 

5 support from any public institution, including 

6 the University of Puerto Rico, or other organi7 zations. 

8 (E) Hold meetings not less than once a 

9 month and special meetings upon the request of 

10 5 or more members of the Task Force. 

11 (F) Access the information necessary to 

12 discharge its duties. If Federal or local agencies 

13 do not comply with a request for information 

14 within 30 days after a request for that informa15 tion, the Task Force shall have standing to seek 

16 and obtain judicial intervention. The following 

17 information should be proactively disclosed in a 

18 machine-readable format to enable proper moni19 toring and oversight of recovery funds: 

20 (i) Agendas, minutes and resolutions 

21 of all official meetings. 

22 (ii) Budget allocations, approval and 

23 commitments. 

24 (iii) Strategic plans, proposed activi25 ties/projects, progress reports, approved 


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1 budget and monthly actual spending re2 ports (incl. travel, reimbursement informa3 tion, contracts, materials, staff wages, 

4 etc.). 

5 (iv) Contractual documentation (incl. 

6 needs assessment and feasibility study, 

7 procurement plan and budget, tender an8 nouncements, tender/bidding processes and 

9 rational, tender documentation, funding 

10 source, prequalification/request for pro11 posals, amendments to tenders, proposals/ 

12 bids, evaluation criteria, evaluation reports 

13 and decisions, awards, contracts with an14 nexes, contract amendments, contractors’ 

15 information, progress and performance re16 ports and evaluations, evidence of service 

17 or products rendered, audits, and pay18 ments). 

19 (v) Hiring documentation (recruiting 

20 announcements, evaluations and decisions, 

21 and agreed upon contract and compensa22 tion information). 

23 (vi) Impact monitoring and evaluation 

24 documentation. 


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1 (vii) Participatory mechanisms used 

2 and outcomes, including notice and min3 utes of public hearings/consultations. 

4 (viii) Urban planning agreements and 

5 modifications. 

6 (ix) Relevant regulations, policies, 

7 protocols, codes or plans. 

8 (x) External and internal audits. 

9 (xi) Additional public information re10 quests, shall be evaluated and provided 

11 within 30 days, excluding confidential in12 formation, as determined by law. 

13 (G) File reports before local or Federal 

14 Governments, as required in this Act and to ful15 fill its duties. 

16 (H) Propose rules and policies relating to 

17 promoting the principles listed in section 1(5). 

18 (I) Order monitoring and auditing proc19 esses. 

20 (J) Have primary jurisdiction to intervene, 

21 have knowledge of, and conduct, on the initia22 tive of the Task Force, any investigation on any 

23 matter or dispute relating to the principles and 

24 its duties under this Act. 


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1 (K) Request specific actions from agency 

2 directors relating to the Task Force duties. 

3 (L) Advocate for strong administrative 

4 oversight and have standing to undertake ad5 ministrative or judicial review processes as 

6 needed. 

7 (4) REPORTS.— 

8 (A) Not later than 180 days after the date 

9 of the enactment of this section, and not later 

10 than every 180 days thereafter, the Office shall 

11 file with the Committee on Natural Resources 

12 of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the 

14 Senate, the Governor of Puerto Rico, and the 

15 Legislative Assembly of Puerto Rico, and make 

16 publicly available, a report that describes— 

17 (i) the progress of the Office in car18 rying out its duties; and 

19 (ii) the methods and results of the Of20 fice in accomplishing its duties, measuring 

21 effectiveness through quantity and with in22 depth consideration of the quality of the 

23 processes achieved. 

24 (B) The Civil Society Task Force Rep25 resentatives shall report to the Task Force 


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1 every month regarding the execution of their 

2 duties, including the flow of funds, the imple3 mentation of projects, challenges, roadblocks 

4 and successes, and progress towards resilient 

5 recovery. 

6 (C) All reports required under this para7 graph shall be produced in both English and 

8 Spanish. 

9 (D) Before dissolution, the Task Force 

10 shall produce a report that illustrates, in detail, 

11 how the Task Force fulfilled its duties, outline 

12 challenges, roadblocks and successes, explain its 

13 conclusions and provide final recommendations. 

14 This report shall be publically available and 

15 shall be submitted to Congress, all the agencies 

16 involved in recovery, the Governor of Puerto 

17 Rico, and the Legislative Assembly of Puerto 

18 Rico. 

19 (e) FUNDING FOR OPERATION.—The Office shall be 

20 funded by the administrative portion of the estimated 

21 Community Development Block Grant Disaster Recovery 

22 disbursements for Puerto Rico. The funds should be suffi23 cient to carry out the duties of the Office, including funds 

24 to pay fair compensation to members and staff of the Task 

25 Force, based on the annual budget prepared for the DeVerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H8978.IH H8978

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1 partment of Housing and Urban Development and the 

2 Puerto Rico Housing Department, as determined by the 

3 Task Force, that shall be included as a project cost within 

4 the recovery programs and prioritized over other private 

5 contracting costs. 

6 SEC. 4. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ means each 

9 of the following: 

10 (A) The Federal Emergency Management 

11 Agency. 

12 (B) The Department of Housing and 

13 Urban Development. 

14 (C) The Puerto Rico Central Recovery and 

15 Reconstruction Office. 

16 (D) The Puerto Rico Housing Department. 

17 (2) CIVIL SOCIETY TASK FORCE REPRESENTA18 TIVE.—The term ‘‘Civil Society Task Force Rep19 resentative’’ means an individual appointed under 

20 section 2(c). 

21 (3) OFFICE.—The term ‘‘Office’’ means the Of22 fice for the Equitable, Transparent, and Accountable 

23 Puerto Rico Reconstruction established by this Act. 


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1 (4) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Puerto Rico Civil Society Task Force es3 tablished under this Act. 

Æ 


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