[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 23 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on the Federal 
Response to Natural Disasters in Puerto Rico Act of 2019''.

SEC. 2. ESTABLISHMENT AND PURPOSE.

    (a) Establishment.--There is established a National Commission on 
the Federal Response to Natural Disasters in Puerto Rico (in this Act 
referred to as the ``Commission'').
    (b) Purpose.--The purpose of the Commission is to examine the 
Federal preparedness, response, and recovery to the 2017 natural 
disasters in Puerto Rico, including the Federal Government's 
consideration of the following aspects:
            (1) Federal preparedness activities prior to Hurricanes 
        Irma and Maria, including Federal plans for the 2017 hurricane 
        season and decision making regarding prepositioning contracts 
        and supplies.
            (2) Federal response activities during Hurricanes Irma and 
        Maria, including Federal coordination, distribution of 
        assistance, and contracting.
            (3) Federal recovery activities after Hurricanes Irma and 
        Maria, including Federal efforts to obtain accurate accounting 
        of the death toll, damage impacts, and long-term rebuilding 
        assistance for survivors.

SEC. 3. CONSIDERATIONS.

    To carry out its examination, the Commission shall take into 
consideration the Federal preparedness, response, and recovery efforts 
in Puerto Rico as compared to other jurisdictions that were impacted by 
the 2017 hurricane season, as well as the following issues:
            (1) The impact and destruction of Hurricane Irma, Hurricane 
        Maria, the resulting landslides, and flooding.
            (2) The adequacy of the death toll methodology and 
        processes, and whether previous death counts and mortality 
        estimates slowed or otherwise affected Federal response 
        efforts.
            (3) The Federal emergency and contingency plans in place 
        before the 2017 hurricane season.
            (4) The Federal preparedness guidelines issued ahead of the 
        2017 hurricane season.
            (5) The vulnerability of Puerto Rico's economic situation 
        on Federal preparedness.
            (6) The implications of Puerto Rico's reliance on imported 
        oil for power generation.
            (7) The adequacy of the telecommunications network in 
        Puerto Rico.
            (8) The capacity of the local government and Federal 
        Government to quickly mobilize and respond to disasters and 
        emergencies in Puerto Rico.
            (9) The impact of the uncertainty in long-term Federal 
        health care funding on medical and emergency readiness.
            (10) The implication of Puerto Rico's treatment under the 
        Internal Revenue Code of 1986 and its impact on readiness.
            (11) The adequacy of available data and its effects on the 
        Federal response.
            (12) The geographic, ecological, and infrastructure issues 
        that could have affected response efforts.
            (13) A comparison of response efforts in other United 
        States jurisdictions vis-a-vis efforts in Puerto Rico for the 
        2017 hurricane season.

SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 8 members, of 
whom two shall be appointed by the Speaker of the House of 
Representatives, two shall be appointed by the Majority Leader of the 
Senate, two shall be appointed by the Minority Leader of the House of 
Representatives, and two shall be appointed by the Minority Leader of 
the Senate.
    (b) Chair and Vice Chair.--The Commission, by majority vote, shall 
choose a Chair and Vice Chair.
    (c) Qualifications and Restrictions.--
            (1) In general.--Individuals shall be selected for 
        appointment on the Commission solely on the basis of their 
        professional qualifications, experience, and expertise in 
        relevant fields, including disaster response and emergency 
        preparedness.
            (2) Restrictions.--Individuals may not be an officer or 
        employee of the Federal Government or any State, or a current 
        elected official of the local government.
    (d) Appointment.--
            (1) In general.--All members of the Commission shall be 
        appointed not later than 30 days after the date of the 
        enactment of this Act.
            (2) Presidential authority.--The President shall have no 
        authority to terminate the appointment of any member of the 
        commission.
    (e) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointment was made not later than 60 days after the date on which the 
vacancy occurs.
    (f) Compensation.--
            (1) In general.--Members of the Commission may be 
        compensated for travel expenses necessary to conduct the work 
        and services for the Commission.
            (2) Travel expenditures.--Members shall be allowed travel 
        expenditures, including per diem in lieu of subsistence, in the 
        same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703 of 
        title 5, United States Code.
    (g) Staff.--
            (1) In general.--With a majority vote of the Commission, 
        members may recruit personnel to assist with the Commission's 
        work, including the creation of the report.
            (2) Personnel.--Any such personnel may include private 
        citizens, employees or detailees of the Federal Government, or 
        employees of the territorial government.

SEC. 5. FUNCTIONS AND POWERS OF THE COMMISSION.

    (a) Quorum.--
            (1) In general.--Not later than 60 days after the date on 
        which all members of the Commission have been appointed, the 
        Commission shall meet and begin the operations of the 
        Commission.
            (2) Subsequent meetings.--Each subsequent meeting shall 
        occur upon the call of the Chair or a majority of its members.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number may hold 
        meetings.
    (b) Public Meetings.--The Commission shall host not less than 10 
public meetings in locations that are accessible to individuals of 
every municipality with elected officials, local community leaders, 
academic institutions, for-profit and non-for-profit organizations, and 
individuals in Puerto Rico to the extent appropriate.
    (c) Written Input.--The Commission shall allow participants both in 
Puerto Rico and the mainland to provide written input to be included in 
an appendix of the final report.
    (d) Hearings.--
            (1) In general.--The Commission may hold hearings, take 
        testimony, and receive evidence for its investigation.
            (2) Protection of information.--Any public hearings of the 
        Commission shall be conducted in a manner consistent with the 
        protection of information provided to or developed for or by 
        the Commission as required by any applicable statute, 
        regulation, or Executive order.
    (e) Subpoenas.--The Commission may issue subpoenas requiring the 
attendance and testimony of witnesses, and requiring the submission of 
data, books, records, correspondence, memoranda, papers, documents, 
electronic files, metadata, tapes, and materials of any nature relating 
to any matter under investigation.
    (f) Information From Agencies.--The Commission may secure directly 
from any executive department, bureau, agency, board, commission, 
office, independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, and statistics.
    (g) GSA Services.--The Administrator of General Services shall 
provide to the Commission on a reimbursable basis administrative 
support and other services for the performance of the Commission's 
functions.
    (h) Federal Assistance From Other Agencies.--Departments and 
agencies of the United States may provide to the Commission such 
services, funds, facilities, staff, and other support services as they 
may determine advisable and as may be authorized by law.
    (i) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the United States.

SEC. 6. REPORTS OF COMMISSION.

    (a) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report on the causes and circumstances surrounding the 
natural disasters in Puerto Rico, including preparedness and immediate 
response, and providing recommendations to guard against future natural 
disasters outside of the continental United States, which shall contain 
findings, conclusions, and recommendations as have been agreed to by a 
majority of Commission members and shall--
            (1) be made available to the public in the English and 
        Spanish languages;
            (2) include findings for the issues described in section 2; 
        and
            (3) include--
                    (A) the number and nature of complaints filed to 
                the Inspectors General for Federal agencies responsible 
                in the aftermath of the 2017 natural disasters;
                    (B) details on Federal procurement and acquisition 
                practices in the aftermath of the 2017 natural 
                disasters;
                    (C) details on disaster mitigation protocols given 
                cultural and language differences; and
                    (D) disaster response processes taking into account 
                demographics (age, race, gender, income) and the impact 
                on segments of the population with disabilities.
    (b) Appendix.--An appendix to the final report shall include 
written input of participants in Puerto Rico and the mainland.
    (c) Interim Report.--Not later than 6 months after the date of 
enactment of this Act, the Commission shall provide to Congress an 
interim report.

SEC. 7. SUNSET.

    The Commission shall terminate on the day that is 90 days after the 
date on which the final report is submitted.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $3,000,000 to carry out this 
Act, to remain available until expended.
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