[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5475-S5476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5969. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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:

            TITLE _____--VIEQUES RECOVERY AND REDEVELOPMENT

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Vieques Recovery and 
     Redevelopment Act''.

     SEC. ___02. 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 title 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. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES 
                   FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES, 
                   PUERTO RICO.

       (a) In General.--An individual claimant who has resided on 
     the island of Vieques, Puerto Rico, for not less than 5 years 
     and 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 disease or illness 
     limited to 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) $50,000 for 1 disease described in subsection (a)(3).
       (B) $80,000 for 2 diseases described in subsection (a)(3).
       (C) $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

[[Page S5476]]

     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 claimants described in 
     subsection (a) who are receiving treatment for the diseases 
     or illnesses described in paragraph (3) of that subsection 
     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.
       (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 to claimants described in subsection (a) who are 
     receiving treatment for the diseases or illnesses described 
     in paragraph (3) of that subsection--
       (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) 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).
       (H) 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.
       (I) 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.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts awarded under this title 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.
       (B) Limitation.--Total amounts awarded under this title 
     shall not exceed $1,000,000,000.
       (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.
       (h) Limitation on Claims.--A claim to which this section 
     applies shall be barred unless the claim is filed within 15 
     years after the date of the enactment of this Act.
                                 ______