[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4537-S4538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 572. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 2810, to authorize appropriations for fiscal
year 2018 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ____. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR
CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES
PUERTO RICO AND THE MUNICIPALITY OF VIEQUES.
(a) In General.--An individual shall be awarded monetary
compensation for a claim made under this section if such
individual--
(1) can demonstrate that he or she was a resident on the
island of Vieques, Puerto Rico, during or after the use by
the United States Government of the island for military
readiness;
(2) files a claim not later than 30 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) submits to the court written medical documentation that
the individual contracted a chronic, life threatening, or
heavy metal disease or illness, including cancer,
hypertension, cirrhosis, and diabetes while the United States
Government used the island of Vieques, Puerto Rico for
military readiness.
(b) Appointment of Special Master.--
(1) In general.--The Secretary of the Treasury shall
appoint a Special Master to consider claims described in
paragraph (2).
(2) Amounts of award.--The amounts described in this
paragraph are as follows:
(A) $50,000 for 1 disease described in paragraph (1)(B);
(B) $80,000 for 2 diseases described in paragraph (1)(B);
and
(C) $110,000 for 3 or more diseases described in paragraph
(1)(B).
(c) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master shall provide to the
Municipality of Vieques the following for a claim described
in subsection (b)(2):
(A) An academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
which 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 human
health situation;
(iii) determine 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
[[Page S4538]]
level that reduces the diseases on Vieques to the average in
the United States.
(B) The past research from universities, colleges,
scientists, and doctors who have tested and evaluated the
prevalence of toxic substances in the soil, food sources, and
human populations.
(C) A medical coordinator and staff to upgrade the medical
facility and its equipment to a level to treat life
threatening, chronic, and heavy metal diseases, including
cancer, hypertension, cirrhosis, diabetes.
(D) Compensation to create and fund a medical home to
provide medical care for pediatric and adult patients,
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 the disease
levels are reduced to the average in the United States.
(E) Amounts necessary for the academic partner and medical
coordinator to carry out the duties described in
subparagraphs (A) through (D).
(F) 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
(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.
(2) Source.--Amounts awarded under this subsection shall be
made from amounts appropriated under section 1304 of title
31, United States Code.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Secretary of
the Treasury shall establish procedures whereby individuals
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 already
disposed of by a court under chapter 171 of title 28, United
States Code, shall be treated as if they are currently filed.
(d) Action on Claims.--The Special Master shall complete 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.
(e) 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 a
payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of the claim
described in subsection (a)(2); and
(3) constitute a complete release by the individual 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.
(f) Administrative Costs.--No costs incurred by the
Secretary of the Treasury, or a designee of the Secretary,
not including attorney's fees, in carrying out this section
shall be paid from amounts appropriated under section 1304 of
title 31, United States Code, or set off against, or
otherwise deducted from, any payment under this section to
any individual.
(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) shall 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.
(h) Nonassignability of Claims.--No claim cognizable under
this section shall be assignable or transferable.
(i) Limitation.--A claim to which this section applies
shall be barred unless the claim is filed within 20 years
after the date of the enactment of this Act.
(j) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury may
promulgated regulations to carry out this section.
(k) Use of Existing Resources.--The Secretary of the
Treasury should use funds or resources available to the
Secretary to carry out the functions under this section.
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