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. 

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 ‘‘National Commission 

5 on the Federal Response to Natural Disasters in Puerto 

6 Rico Act of 2019’’. 

7 SEC. 2. ESTABLISHMENT AND PURPOSE. 

8 (a) ESTABLISHMENT.—There is established a Na9 tional Commission on the Federal Response to Natural 


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1 Disasters in Puerto Rico (in this Act referred to as the 

2 ‘‘Commission’’). 

3 (b) PURPOSE.—The purpose of the Commission is to 

4 examine the Federal preparedness, response, and recovery 

5 to the 2017 natural disasters in Puerto Rico, including 

6 the Federal Government’s consideration of the following 

7 aspects: 

8 (1) Federal preparedness activities prior to 

9 Hurricanes Irma and Maria, including Federal plans 

10 for the 2017 hurricane season and decision making 

11 regarding prepositioning contracts and supplies. 

12 (2) Federal response activities during Hurri13 canes Irma and Maria, including Federal coordina14 tion, distribution of assistance, and contracting. 

15 (3) Federal recovery activities after Hurricanes 

16 Irma and Maria, including Federal efforts to obtain 

17 accurate accounting of the death toll, damage im18 pacts, and long-term rebuilding assistance for sur19 vivors. 

20 SEC. 3. CONSIDERATIONS. 

21 To carry out its examination, the Commission shall 

22 take into consideration the Federal preparedness, re23 sponse, and recovery efforts in Puerto Rico as compared 

24 to other jurisdictions that were impacted by the 2017 hur25 ricane season, as well as the following issues: 


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1 (1) The impact and destruction of Hurricane 

2 Irma, Hurricane Maria, the resulting landslides, and 

3 flooding. 

4 (2) The adequacy of the death toll methodology 

5 and processes, and whether previous death counts 

6 and mortality estimates slowed or otherwise affected 

7 Federal response efforts. 

8 (3) The Federal emergency and contingency 

9 plans in place before the 2017 hurricane season. 

10 (4) The Federal preparedness guidelines issued 

11 ahead of the 2017 hurricane season. 

12 (5) The vulnerability of Puerto Rico’s economic 

13 situation on Federal preparedness. 

14 (6) The implications of Puerto Rico’s reliance 

15 on imported oil for power generation. 

16 (7) The adequacy of the telecommunications 

17 network in Puerto Rico. 

18 (8) The capacity of the local government and 

19 Federal Government to quickly mobilize and respond 

20 to disasters and emergencies in Puerto Rico. 

21 (9) The impact of the uncertainty in long-term 

22 Federal health care funding on medical and emer23 gency readiness. 


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1 (10) The implication of Puerto Rico’s treatment 

2 under the Internal Revenue Code of 1986 and its 

3 impact on readiness. 

4 (11) The adequacy of available data and its ef5 fects on the Federal response. 

6 (12) The geographic, ecological, and infrastruc7 ture issues that could have affected response efforts. 

8 (13) A comparison of response efforts in other 

9 United States jurisdictions vis-a-vis efforts in Puerto 

10 Rico for the 2017 hurricane season. 

11 SEC. 4. COMPOSITION AND COMPENSATION OF COMMIS12 SION. 

13 (a) MEMBERS.—The Commission shall be composed 

14 of 8 members, of whom two shall be appointed by the 

15 Speaker of the House of Representatives, two shall be ap16 pointed by the Majority Leader of the Senate, two shall 

17 be appointed by the Minority Leader of the House of Rep18 resentatives, and two shall be appointed by the Minority 

19 Leader of the Senate. 

20 (b) CHAIR AND VICE CHAIR.—The Commission, by 

21 majority vote, shall choose a Chair and Vice Chair. 

22 (c) QUALIFICATIONS AND RESTRICTIONS.— 

23 (1) IN GENERAL.—Individuals shall be selected 

24 for appointment on the Commission solely on the 

25 basis of their professional qualifications, experience, 


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1 and expertise in relevant fields, including disaster re2 sponse and emergency preparedness. 

3 (2) RESTRICTIONS.—Individuals may not be an 

4 officer or employee of the Federal Government or 

5 any State, or a current elected official of the local 

6 government. 

7 (d) APPOINTMENT.— 

8 (1) IN GENERAL.—All members of the Commis9 sion shall be appointed not later than 30 days after 

10 the date of the enactment of this Act. 

11 (2) PRESIDENTIAL AUTHORITY.—The President 

12 shall have no authority to terminate the appointment 

13 of any member of the commission. 

14 (e) VACANCIES.—Any vacancy in the Commission 

15 shall not affect its powers, but shall be filled in the same 

16 manner in which the original appointment was made not 

17 later than 60 days after the date on which the vacancy 

18 occurs. 

19 (f) COMPENSATION.— 

20 (1) IN GENERAL.—Members of the Commission 

21 may be compensated for travel expenses necessary to 

22 conduct the work and services for the Commission. 

23 (2) TRAVEL EXPENDITURES.—Members shall 

24 be allowed travel expenditures, including per diem in 

25 lieu of subsistence, in the same manner as persons 


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1 employed intermittently in the Government service 

2 are allowed expenses under section 5703 of title 5, 

3 United States Code. 

4 (g) STAFF.— 

5 (1) IN GENERAL.—With a majority vote of the 

6 Commission, members may recruit personnel to as7 sist with the Commission’s work, including the cre8 ation of the report. 

9 (2) PERSONNEL.—Any such personnel may in10 clude private citizens, employees or detailees of the 

11 Federal Government, or employees of the territorial 

12 government. 

13 SEC. 5. FUNCTIONS AND POWERS OF THE COMMISSION. 

14 (a) QUORUM.— 

15 (1) IN GENERAL.—Not later than 60 days after 

16 the date on which all members of the Commission 

17 have been appointed, the Commission shall meet and 

18 begin the operations of the Commission. 

19 (2) SUBSEQUENT MEETINGS.—Each subsequent 

20 meeting shall occur upon the call of the Chair or a 

21 majority of its members. 

22 (3) QUORUM.—A majority of the members of 

23 the Commission shall constitute a quorum, but a 

24 lesser number may hold meetings. 


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1 (b) PUBLIC MEETINGS.—The Commission shall host 

2 not less than 10 public meetings in locations that are ac3 cessible to individuals of every municipality with elected 

4 officials, local community leaders, academic institutions, 

5 for-profit and non-for-profit organizations, and individuals 

6 in Puerto Rico to the extent appropriate. 

7 (c) WRITTEN INPUT.—The Commission shall allow 

8 participants both in Puerto Rico and the mainland to pro9 vide written input to be included in an appendix of the 

10 final report. 

11 (d) HEARINGS.— 

12 (1) IN GENERAL.—The Commission may hold 

13 hearings, take testimony, and receive evidence for its 

14 investigation. 

15 (2) PROTECTION OF INFORMATION.—Any pub16 lic hearings of the Commission shall be conducted in 

17 a manner consistent with the protection of informa18 tion provided to or developed for or by the Commis19 sion as required by any applicable statute, regula20 tion, or Executive order. 

21 (e) SUBPOENAS.—The Commission may issue sub22 poenas requiring the attendance and testimony of wit23 nesses, and requiring the submission of data, books, 

24 records, correspondence, memoranda, papers, documents, 


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1 electronic files, metadata, tapes, and materials of any na2 ture relating to any matter under investigation. 

3 (f) INFORMATION FROM AGENCIES.—The Commis4 sion may secure directly from any executive department, 

5 bureau, agency, board, commission, office, independent es6 tablishment, or instrumentality of the Government, infor7 mation, suggestions, estimates, and statistics. 

8 (g) GSA SERVICES.—The Administrator of General 

9 Services shall provide to the Commission on a reimburs10 able basis administrative support and other services for 

11 the performance of the Commission’s functions. 

12 (h) FEDERAL ASSISTANCE FROM OTHER AGEN13 CIES.—Departments and agencies of the United States 

14 may provide to the Commission such services, funds, facili15 ties, staff, and other support services as they may deter16 mine advisable and as may be authorized by law. 

17 (i) POSTAL SERVICES.—The Commission may use 

18 the United States mails in the same manner and under 

19 the same conditions as other departments and agencies of 

20 the United States. 

21 SEC. 6. REPORTS OF COMMISSION. 

22 (a) REPORT.—Not later than 12 months after the 

23 date of the enactment of this Act, the Commission shall 

24 submit to the President and Congress a final report on 

25 the causes and circumstances surrounding the natural disVerDate Sep 11 2014 05:46 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S23.IS S23

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1 asters in Puerto Rico, including preparedness and imme2 diate response, and providing recommendations to guard 

3 against future natural disasters outside of the continental 

4 United States, which shall contain findings, conclusions, 

5 and recommendations as have been agreed to by a major6 ity of Commission members and shall— 

7 (1) be made available to the public in the 

8 English and Spanish languages; 

9 (2) include findings for the issues described in 

10 section 2; and 

11 (3) include— 

12 (A) the number and nature of complaints 

13 filed to the Inspectors General for Federal 

14 agencies responsible in the aftermath of the 

15 2017 natural disasters; 

16 (B) details on Federal procurement and 

17 acquisition practices in the aftermath of the 

18 2017 natural disasters; 

19 (C) details on disaster mitigation protocols 

20 given cultural and language differences; and 

21 (D) disaster response processes taking into 

22 account demographics (age, race, gender, in23 come) and the impact on segments of the popu24 lation with disabilities. 


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1 (b) APPENDIX.—An appendix to the final report shall 

2 include written input of participants in Puerto Rico and 

3 the mainland. 

4 (c) INTERIM REPORT.—Not later than 6 months 

5 after the date of enactment of this Act, the Commission 

6 shall provide to Congress an interim report. 

7 SEC. 7. SUNSET. 

8 The Commission shall terminate on the day that is 

9 90 days after the date on which the final report is sub10 mitted. 

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated $3,000,000 to 

13 carry out this Act, to remain available until expended. 

Æ 


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