[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4398 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4398

To provide compensation to certain residents of the island of Vieques, 
Puerto Rico, for the use of such island for military readiness, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2020

  Mr. Menendez (for himself and Mr. Wicker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide compensation to certain residents of the island of Vieques, 
Puerto Rico, for the use of such island for military readiness, 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 ``Vieques Recovery and Redevelopment 
Act of 2020''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Vieques is an island municipality of Puerto Rico, 
        measuring approximately 21 miles long by 4 miles wide, and 
        located approximately 8 miles east of the main island of Puerto 
        Rico.
            (2) Prior to Hurricane Maria, residents of Vieques were 
        served by an urgent medical care facility, the Susana Centeno 
        Family Health Center, and residents had to travel off-island to 
        obtain medical services, including most types of emergency care 
        because the facility did not have the basic use of x-ray 
        machines, CT machines, EKG machines, ultrasounds, or PET scans.
            (3) The predominant means of transporting passengers and 
        goods between Vieques and the main island of Puerto Rico is by 
        ferry boat service, and over the years, the efficiency of this 
        service has frequently been disrupted, unreliable, and 
        difficult for cancer patients to endure to receive treatment. 
        Each trip to Ceiba, Puerto Rico, for the cancer patient is an 
        additional out-of-pocket expense ranging from $120 to $200.
            (4) The United States Military maintained a presence on the 
        eastern and western portions of Vieques for close to 60 years, 
        and used parts of the island as a training range during those 
        years, dropping over 80 million tons of ordnance and other 
        weaponry available to the United States military since World 
        War II.
            (5) The unintended, unknown, and unavoidable consequences 
        of these exercises were to expose Americans living on the 
        islands to the residue of that weaponry which includes heavy 
        metals and many other chemicals now known to harm human health.
            (6) According to Government and independent documentation, 
        the island of Vieques has high levels of heavy metals and has 
        been exposed to chemical weapons and toxic chemicals. Since the 
        military activity in Vieques, island residents have suffered 
        from the health impacts from long-term exposure to 
        environmental contamination as a result of 62 years of military 
        operations, and have experienced higher rates of certain 
        diseases among residents, including cancer, cirrhosis, 
        hypertension, diabetes, heavy metal diseases, along with many 
        unnamed and uncategorized illnesses. These toxic residues have 
        caused the American residents of Vieques to develop illnesses 
        due to ongoing exposure.
            (7) In 2017, Vieques was hit by Hurricane Maria, an 
        unusually destructive storm that devastated Puerto Rico and 
        intensified the existing humanitarian crisis on the island by 
        destroying existing medical facilities.
            (8) The medical systems in place prior to Hurricane Maria 
        were unable to properly handle the health crisis that existed 
        due to the toxic residue left on the island by the military's 
        activities.
            (9) After Maria, the medical facility was closed due to 
        damage and continues to be unable to perform even the few basic 
        services that it did provide. Vieques needs a medical facility 
        that can treat and address the critical and urgent need to get 
        life-saving medical services to its residents. Due to legal 
        restrictions, the Federal Emergency Management Agency (in this 
        Act referred to as ``FEMA'') is unable to provide a hospital 
        where its capabilities exceed the abilities of the facility 
        that existed prior to Maria; therefore Vieques needs assistance 
        to build a facility to manage the vast health needs of its 
        residents.
            (10) Every American has benefitted from the sacrifices of 
        those Americans who have lived and are living on Vieques and it 
        is our intent to acknowledge that sacrifice and to treat those 
        Americans with the same respect and appreciation that other 
        Americans enjoy.
            (11) In 2012, the residents of Vieques were denied the 
        ability to address their needs in Court due to sovereign 
        immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD 
        (D.P.R.). However, the United States Court of Appeals for the 
        First Circuit referred the issue to Congress and urged it to 
        address the humanitarian crisis. This bill attempts to satisfy 
        that request such that Americans living on Vieques have a 
        remedy for the suffering they have endured.

SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR CERTAIN 
              RESIDENTS OF THE ISLAND OF VIEQUES, PUERTO RICO.

    (a) In General.--An individual claimant who files a claim for 
compensation under this section with the Special Master, appointed 
pursuant to subsection (c), shall be awarded monetary compensation as 
described in subsection (b) if--
            (1) the Special Master determines that the claimant is or 
        was a resident, the child of a resident, or an immediate heir 
        (as determined by the laws of Puerto Rico) of a deceased 
        claimant on the island of Vieques, Puerto Rico, during or after 
        the United States Government used the island of Vieques, Puerto 
        Rico, for military readiness;
            (2) the claimant previously filed a lawsuit or an 
        administrative claim, or files a claim not later than 120 days 
        after the date of the enactment of this Act against the United 
        States Government for personal injury, including illness or 
        death arising from use by the United States Government of the 
        island of Vieques for military readiness; and
            (3) the claimant submits to the Special Master written 
        medical documentation that indicates the claimant contracted a 
        chronic, life threatening, or physical or mental disease or 
        illness, including cancer, hypertension, cirrhosis, kidney 
        disease, diabetes, or a heavy metal poisoning during or after 
        the United States Government used the island of Vieques, Puerto 
        Rico, for military readiness.
    (b) Amounts of Award.--
            (1) In general.--A claimant who meets the requirements of 
        subsection (a) shall be awarded compensation as follows:
                    (A) $10,000 for exposure in the case of a claimant 
                who provides proof--
                            (i) of a previously filed lawsuit or 
                        administrative claim and not less than 5 years 
                        of residency on the island of Vieques, Puerto 
                        Rico; or
                            (ii) that the claimant is the child of a 
                        parent who resided in Vieques, Puerto Rico, for 
                        not less than 5 years.
                    (B) $50,000 for 1 disease described in subsection 
                (a)(3).
                    (C) $80,000 for 2 diseases described in subsection 
                (a)(3).
                    (D) $110,000 for 3 or more diseases described in 
                subsection (a)(3).
            (2) Increase in award.--In the case that an individual 
        receiving an award under paragraph (1) of this subsection 
        contracts another disease under subsection (a)(3) and files a 
        new claim with the Special Master for an additional award not 
        later than 10 years after the date of the enactment of this 
        Act, the Special Master may award the individual an amount that 
        is equal to the difference between--
                    (A) the amount that the individual would have been 
                eligible to receive had the disease been contracted 
                before the individual filed an initial claim under 
                subsection (a); and
                    (B) the amount received by the individual pursuant 
                to paragraph (1).
            (3) Deceased claimants.--In the case of an individual who 
        dies before making a claim under this section or a claimant who 
        dies before receiving an award under this section, any 
        immediate heir to the individual or claimant, as determined by 
        the laws of Puerto Rico, shall be eligible for one of the 
        following awards:
                    (A) Compensation in accordance with paragraph (1), 
                divided among any such heir.
                    (B) Compensation based on the age of the deceased 
                as follows:
                            (i) In the case of an individual or 
                        claimant who dies before attaining 20 years of 
                        age, $110,000, divided among any such heir.
                            (ii) In the case of an individual or 
                        claimant who dies before attaining 40 years of 
                        age, $80,000, divided among any such heir.
                            (iii) In the case of an individual or 
                        claimant who dies before attaining 60 years of 
                        age, $50,000, divided among any such heir.
    (c) Appointment of Special Master.--
            (1) In general.--The Attorney General shall appoint a 
        Special Master not later than 90 days after the date of the 
        enactment of this Act to consider claims by individuals and the 
        municipality.
            (2) Qualifications.--The Attorney General shall consider 
        the following in choosing the Special Master:
                    (A) The individual's experience in the processing 
                of victims' claims in relation to foreign or domestic 
                governments.
                    (B) The individual's balance of experience in 
                representing the interests of the United States and 
                individual claimants.
                    (C) The individual's experience in matters of 
                national security.
                    (D) The individual's demonstrated abilities in 
                investigation and fact findings in complex factual 
                matters.
                    (E) Any experience the individual has had advising 
                the United States Government.
    (d) Award Amounts Related to Claims by the Municipality of 
Vieques.--
            (1) Award.--The Special Master, in exchange for its 
        administrative claims, shall provide the following as 
        compensation to the Municipality of Vieques:
                    (A) Staff.--The Special Master shall provide 
                medical staff, and other resources necessary to build 
                and operate a level three trauma center (in this 
                section, referred to as ``medical facility'') with a 
                cancer center and renal dialysis unit and its 
                equipment. The medical facility shall be able to treat 
                life threatening, chronic, heavy metal, and physical 
                and mental diseases. The medical facility shall be able 
                to provide basic x-ray, EKG, internal medicine 
                expertise, medical coordination personnel and case 
                managers, ultrasound, and resources necessary to screen 
                residents for cancer and the other prevailing health 
                problems.
                    (B) Operations.--The Special Master shall fund the 
                operations of the medical facility to provide medical 
                care for pediatric and adult patients who reside on the 
                island of Vieques, allowing the patients to be referred 
                for tertiary and quaternary health care facilities when 
                necessary, and providing the transportation and medical 
                costs when traveling off the island of Vieques, until 
                such time as medical testing establishes that the 
                disease levels are reduced to the average in the United 
                States.
                    (C) Administrative expertise.--The Special Master 
                shall ensure that the Administrator of FEMA provides 
                all administrative and technical expertise and 
                oversight in the bidding and construction of the 
                facility but the design and abilities of the hospital 
                shall be determined by the Special Master considering 
                the medical and research needs of the residents of the 
                island of Vieques. All costs shall be part of the 
                municipality's compensation.
                    (D) Interim services.--Before the medical facility 
                on the island of Vieques is operational, the Special 
                Master shall provide--
                            (i) urgent health care air transport to 
                        hospitals on the mainland of Puerto Rico from 
                        the island of Vieques;
                            (ii) medical coordination personnel and 
                        case managers;
                            (iii) telemedicine communication abilities; 
                        and
                            (iv) any other services that are necessary 
                        to alleviate the health crisis on the island of 
                        Vieques.
                    (E) Screening.--The Special Master shall make 
                available, at no cost to the patient, medical screening 
                for cancer, cirrhosis, diabetes, and heavy metal 
                contamination on the island of Vieques.
                    (F) Academic partner.--The Special Master shall 
                appoint an academic partner, with appropriate 
                experience and an established relationship with the 
                Municipality of Vieques, that shall--
                            (i) lead a research and outreach endeavor 
                        on behalf of the Municipality of Vieques;
                            (ii) select the appropriate scientific 
                        expertise and administer defined studies, 
                        conducting testing and evaluation of the soils, 
                        seas, plant and animal food sources, and the 
                        health of residents; and
                            (iii) determine and implement the most 
                        efficient and effective way to reduce the 
                        environmental toxins to a level sufficient to 
                        return the soils, seas, food sources, and 
                        health circumstances to a level that reduces 
                        the diseases on the island of Vieques to the 
                        average in the United States.
                    (G) Compensation.--The Special Master shall 
                compensate the Municipality of Vieques for research 
                conducted on behalf of the municipality, before the 
                date of the enactment of this Act, by universities, 
                colleges, scientists, and doctors who have tested and 
                evaluated the prevalence of toxic substances in the 
                soil, food sources, and human populations.
                    (H) Duties.--The Special Master shall provide 
                amounts necessary for the academic partner and medical 
                coordinator to carry out the duties described in 
                subparagraphs (A) through (D).
                    (I) Procurement.--The Special Master shall provide 
                amounts necessary to compensate the Municipality of 
                Vieques for--
                            (i) contractual procurement obligations and 
                        additional expenses incurred by the 
                        municipality as a result of the enactment of 
                        this section and settlement of its claim; and
                            (ii) any other damages and costs to be 
                        incurred by the municipality, if the Special 
                        Master determines that it is necessary to carry 
                        out the purpose of this section.
                    (J) Consulting firms.--The Special Master shall 
                provide amounts necessary for the Special Master to 
                contract with consulting firms for technical advice on 
                any aspect of the Special Master's duties.
                    (K) Power source.--The Special Master shall 
                determine the best source of producing independent 
                power on the island of Vieques that is hurricane 
                resilient and can effectively sustain the needs of the 
                island and shall authorize such construction as an 
                award to the Municipality of Vieques.
            (2) Source.--Amounts awarded under this Act shall be made 
        from amounts appropriated under section 1304 of title 31, 
        United States Code, commonly known as the ``Judgment Fund'', as 
        if claims were adjudicated by a United States District Court 
        under section 1346(b) of title 28, United States Code.
            (3) Determination and payment of claims.--
                    (A) Establishment of filing procedures.--The 
                Attorney General shall establish procedures whereby 
                individuals and the municipality may submit claims for 
                payments under this section to the Special Master.
                    (B) Determination of claims.--The Special Master 
                shall, in accordance with this subsection, determine 
                whether each claim meets the requirements of this 
                section. Claims filed by residents of the island of 
                Vieques that have been disposed of by a court under 
                chapter 171 of title 28, United States Code, shall be 
                treated as if such claims are currently filed.
    (e) Action on Claims.--The Special Master shall make a 
determination on any claim filed under the procedures established under 
this section not later than 150 days after the date on which the claim 
is filed.
    (f) Payment in Full Settlement of Claims by Individuals and the 
Municipality of Vieques Against the United States.--The acceptance by 
an individual or the Municipality of Vieques of a payment of an award 
under this section shall--
            (1) be final and conclusive;
            (2) be deemed to be in full satisfaction of all claims 
        under chapter 171 of title 28, United States Code; and
            (3) constitute a complete release by the individual or 
        municipality of such claim against the United States and 
        against any employee of the United States acting in the scope 
        of employment who is involved in the matter giving rise to the 
        claim.
    (g) Certification of Treatment of Payments Under Other Laws.--
Amounts paid to an individual under this section--
            (1) shall be treated for purposes of the laws of the United 
        States as damages for human suffering; and
            (2) may not be included as income or resources for purposes 
        of determining eligibility to receive benefits described in 
        section 3803(c)(2)(C) of title 31, United States Code, or the 
        amount of such benefits.
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