Vieques Recovery and Redevelopment Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1126 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 HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Miss GONZA´LEZ-COLO´N (for herself, Mr. KELLY of Mississippi, and Mr. SOTO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Vieques Recovery and 4 Redevelopment Act of 2021’’. 5 SEC. 2. FINDINGS. 6 The Congress finds the following: 7 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1126 IH (1) Vieques is an island municipality of Puerto 1 Rico, measuring approximately 21 miles long by 4 2 miles wide, and located approximately 8 miles east 3 of the main island of Puerto Rico. 4 (2) Prior to Hurricane Maria, residents of 5 Vieques were served by an urgent medical care facil- 6 ity, the Susana Centeno Family Health Center, and 7 residents had to travel off-island to obtain medical 8 services, including most types of emergency care be- 9 cause the facility did not have the basic use of x-ray 10 machines, CT machines, EKG machines, 11 ultrasounds, or PET scans. 12 (3) The predominant means of transporting 13 passengers and goods between Vieques and the main 14 island of Puerto Rico is by ferry boat service, and 15 over the years, the efficiency of this service has fre- 16 quently been disrupted, unreliable, and difficult for 17 cancer patients to endure to receive treatment. Each 18 trip to Ceiba, Puerto Rico, for the cancer patient is 19 an additional out-of-pocket expense ranging from 20 $120 to $200. 21 (4) The United States Military maintained a 22 presence on the eastern and western portions of 23 Vieques for close to 60 years, and used parts of the 24 island as a training range during those years, drop- 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1126 IH ping over 80 million tons of ordnance and other 1 weaponry available to the United States military 2 since World War II. 3 (5) The unintended, unknown, and unavoidable 4 consequences of these exercises were to expose 5 Americans living on the islands to the residue of 6 that weaponry which includes heavy metals and 7 many other chemicals now known to harm human 8 health. 9 (6) According to Government and independent 10 documentation, the island of Vieques has high levels 11 of heavy metals and has been exposed to chemical 12 weapons and toxic chemicals. Since the military ac- 13 tivity in Vieques, island residents have suffered from 14 the health impacts from long-term exposure to envi- 15 ronmental contamination as a result of 62 years of 16 military operations, and have experienced higher 17 rates of certain diseases among residents, including 18 cancer, cirrhosis, hypertension, diabetes, heavy metal 19 diseases, along with many unnamed and 20 uncategorized illnesses. These toxic residues have 21 caused the American residents of Vieques to develop 22 illnesses due to ongoing exposure. 23 (7) In 2017, Vieques was hit by Hurricane 24 Maria, an unusually destructive storm that dev- 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 1126 IH astated Puerto Rico and intensified the existing hu- 1 manitarian crisis on the island by destroying existing 2 medical facilities. 3 (8) The medical systems in place prior to Hur- 4 ricane Maria were unable to properly handle the 5 health crisis that existed due to the toxic residue left 6 on the island by the military’s activities. 7 (9) After Maria, the medical facility was closed 8 due to damage and continues to be unable to per- 9 form even the few basic services that it did provide. 10 Vieques needs a medical facility that can treat and 11 address the critical and urgent need to get life-sav- 12 ing medical services to its residents. Due to legal re- 13 strictions, the Federal Emergency Management 14 Agency (in this Act referred to as ‘‘FEMA’’) is un- 15 able to provide a hospital where its capabilities ex- 16 ceed the abilities of the facility that existed prior to 17 Maria; therefore Vieques needs assistance to build a 18 facility to manage the vast health needs of its resi- 19 dents. 20 (10) Every American has benefitted from the 21 sacrifices of those Americans who have lived and are 22 living on Vieques and it is our intent to acknowledge 23 that sacrifice and to treat those Americans with the 24 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 1126 IH same respect and appreciation that other Americans 1 enjoy. 2 (11) In 2012, the residents of Vieques were de- 3 nied the ability to address their needs in Court due 4 to sovereign immunity, Sa´nchez v. United States, 5 No. 3:09–cv–01260–DRD (D.P.R.). However, the 6 United States Court of Appeals for the First Circuit 7 referred the issue to Congress and urged it to ad- 8 dress the humanitarian crisis. This bill attempts to 9 satisfy that request such that Americans living on 10 Vieques have a remedy for the suffering they have 11 endured. 12 SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED 13 STATES FOR CERTAIN RESIDENTS OF THE IS- 14 LAND OF VIEQUES, PUERTO RICO. 15 (a) IN GENERAL.—An individual claimant who files 16 a claim for compensation under this section with the Spe- 17 cial Master, appointed pursuant to subsection (c), shall be 18 awarded monetary compensation as described in sub- 19 section (b) if— 20 (1) the Special Master determines that the 21 claimant is or was a resident, the child of a resident, 22 or an immediate heir (as determined by the laws of 23 Puerto Rico) of a deceased claimant on the island of 24 Vieques, Puerto Rico, during or after the United 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 1126 IH States Government used the island of Vieques, Puer- 1 to Rico, for military readiness; 2 (2) the claimant previously filed a lawsuit or an 3 administrative claim, or files a claim not later than 4 120 days after the date of the enactment of this Act 5 against the United States Government for personal 6 injury, including illness or death arising from use by 7 the United States Government of the island of 8 Vieques for military readiness; and 9 (3) the claimant submits to the Special Master 10 written medical documentation that indicates the 11 claimant contracted a chronic, life threatening, or 12 physical or mental disease or illness, including can- 13 cer, hypertension, cirrhosis, kidney disease, diabetes, 14 or a heavy metal poisoning during or after the 15 United States Government used the island of 16 Vieques, Puerto Rico, for military readiness. 17 (b) AMOUNTS OF AWARD.— 18 (1) IN GENERAL.—A claimant who meets the 19 requirements of subsection (a) shall be awarded 20 compensation as follows: 21 (A) $10,000 for exposure in the case of a 22 claimant who provides proof— 23 (i) of a previously filed lawsuit or ad- 24 ministrative claim and not less than 5 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 1126 IH years of residency on the island of Vieques, 1 Puerto Rico; or 2 (ii) that the claimant is the child of a 3 parent who resided in Vieques, Puerto 4 Rico, for not less than 5 years. 5 (B) $50,000 for 1 disease described in sub- 6 section (a)(3). 7 (C) $80,000 for 2 diseases described in 8 subsection (a)(3). 9 (D) $110,000 for 3 or more diseases de- 10 scribed in subsection (a)(3). 11 (2) INCREASE IN AWARD.—In the case that an 12 individual receiving an award under paragraph (1) 13 of this subsection contracts another disease under 14 subsection (a)(3) and files a new claim with the Spe- 15 cial Master for an additional award not later than 16 10 years after the date of the enactment of this Act, 17 the Special Master may award the individual an 18 amount that is equal to the difference between— 19 (A) the amount that the individual would 20 have been eligible to receive had the disease 21 been contracted before the individual filed an 22 initial claim under subsection (a); and 23 (B) the amount received by the individual 24 pursuant to paragraph (1). 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 1126 IH (3) DECEASED CLAIMANTS.—In the case of an 1 individual who dies before making a claim under this 2 section or a claimant who dies before receiving an 3 award under this section, any immediate heir to the 4 individual or claimant, as determined by the laws of 5 Puerto Rico, shall be eligible for 1 of the following 6 awards: 7 (A) Compensation in accordance with 8 paragraph (1), divided among any such heir. 9 (B) Compensation based on the age of the 10 deceased as follows: 11 (i) In the case of an individual or 12 claimant who dies before attaining 20 13 years of age, $110,000, divided among any 14 such heir. 15 (ii) In the case of an individual or 16 claimant who dies before attaining 40 17 years of age, $80,000, divided among any 18 such heir. 19 (iii) In the case of an individual or 20 claimant who dies before attaining 60 21 years of age, $50,000, divided among any 22 such heir. 23 (c) APPOINTMENT OF SPECIAL MASTER.— 24 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 9 •HR 1126 IH (1) IN GENERAL.—The Attorney General shall 1 appoint a Special Master not later than 90 days 2 after the date of the enactment of this Act to con- 3 sider claims by individuals and the Municipality. 4 (2) QUALIFICATIONS.—The Attorney General 5 shall consider the following in choosing the Special 6 Master: 7 (A) The individual’s experience in the proc- 8 essing of victims’ claims in relation to foreign 9 or domestic governments. 10 (B) The individual’s balance of experience 11 in representing the interests of the United 12 States and individual claimants. 13 (C) The individual’s experience in matters 14 of national security. 15 (D) The individual’s demonstrated abilities 16 in investigation and fact findings in complex 17 factual matters. 18 (E) Any experience the individual has had 19 advising the United States Government. 20 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE 21 MUNICIPALITY OF VIEQUES.— 22 (1) AWARD.—The Special Master, in exchange 23 for its administrative claims, shall provide the fol- 24 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 10 •HR 1126 IH lowing as compensation to the Municipality of 1 Vieques: 2 (A) STAFF.—The Special Master shall pro- 3 vide medical staff, and other resources nec- 4 essary to build and operate a level three trauma 5 center (in this section, referred to as ‘‘medical 6 facility’’) with a cancer center and renal dialysis 7 unit and its equipment. The medical facility 8 shall be able to treat life threatening, chronic, 9 heavy metal, and physical and mental diseases. 10 The medical facility shall be able to provide 11 basic x-ray, EKG, internal medicine expertise, 12 medical coordination personnel and case man- 13 agers, ultrasound, and resources necessary to 14 screen residents for cancer and the other pre- 15 vailing health problems. 16 (B) OPERATIONS.—The Special Master 17 shall fund the operations of the medical facility 18 to provide medical care for pediatric and adult 19 patients who reside on the island of Vieques, al- 20 lowing the patients to be referred for tertiary 21 and quaternary health care facilities when nec- 22 essary, and providing the transportation and 23 medical costs when traveling off the island of 24 Vieques, until such time as medical testing es- 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 11 •HR 1126 IH tablishes that the disease levels are reduced to 1 the average in the United States. 2 (C) ADMINISTRATIVE EXPERTISE.—The 3 Special Master shall ensure that the Adminis- 4 trator of FEMA provides all administrative and 5 technical expertise and oversight in the bidding 6 and construction of the facility but the design 7 and abilities of the hospital shall be determined 8 by the Special Master considering the medical 9 and research needs of the residents of the is- 10 land of Vieques. All costs shall be part of the 11 municipality’s compensation. 12 (D) INTERIM SERVICES.—Before the med- 13 ical facility on the island of Vieques is oper- 14 ational, the Special Master shall provide— 15 (i) urgent health care air transport to 16 hospitals on the mainland of Puerto Rico 17 from the island of Vieques; 18 (ii) medical coordination personnel 19 and case managers; 20 (iii) telemedicine communication abili- 21 ties; and 22 (iv) any other services that are nec- 23 essary to alleviate the health crisis on the 24 island of Vieques. 25 VerDate Sep 11 2014 16:10 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 khammond on DSKJM1Z7X2PROD with BILLS 12 •HR 1126 IH (E) SCREENING.—The Special Master 1 shall make available, at no cost to the patient, 2 medical screening for cancer, cirrhosis, diabetes, 3 and heavy metal contamination on the island of 4 Vieques. 5 (F) ACADEMIC PARTNER.—The Special 6 Master shall appoint an academic partner, with 7 appropriate experience and an established rela- 8 tionship with the Municipality of Vieques 9 shall— 10 (i) lead a research and outreach en- 11 deavor on behalf of the Municipality of 12 Vieques; 13 (ii) select the appropriate scientific ex- 14 pertise and administer defined stu [Text truncated for display. 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