Vieques Recovery and Redevelopment Act

II 117TH CONGRESS 1ST SESSION S. 405 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 FEBRUARY 24, 2021 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 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’’. 5 SEC. 2. FINDINGS. 6 The Congress finds the following: 7 (1) Vieques is an island municipality of Puerto 8 Rico, measuring approximately 21 miles long by 4 9 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 405 IS miles wide, and located approximately 8 miles east 1 of the main island of Puerto Rico. 2 (2) Prior to Hurricane Maria, residents of 3 Vieques were served by an urgent medical care facil- 4 ity, the Susana Centeno Family Health Center, and 5 residents had to travel off-island to obtain medical 6 services, including most types of emergency care be- 7 cause the facility did not have the basic use of x-ray 8 machines, CT machines, EKG machines, ultra- 9 sounds, or PET scans. 10 (3) The predominant means of transporting 11 passengers and goods between Vieques and the main 12 island of Puerto Rico is by ferry boat service, and 13 over the years, the efficiency of this service has fre- 14 quently been disrupted, unreliable, and difficult for 15 cancer patients to endure to receive treatment. Each 16 trip to Ceiba, Puerto Rico, for the cancer patient is 17 an additional out-of-pocket expense ranging from 18 $120 to $200. 19 (4) The United States Military maintained a 20 presence on the eastern and western portions of 21 Vieques for close to 60 years, and used parts of the 22 island as a training range during those years, drop- 23 ping over 80 million tons of ordnance and other 24 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 405 IS weaponry available to the United States military 1 since World War II. 2 (5) The unintended, unknown, and unavoidable 3 consequences of these exercises were to expose 4 Americans living on the islands to the residue of 5 that weaponry which includes heavy metals and 6 many other chemicals now known to harm human 7 health. 8 (6) According to Government and independent 9 documentation, the island of Vieques has high levels 10 of heavy metals and has been exposed to chemical 11 weapons and toxic chemicals. Since the military ac- 12 tivity in Vieques, island residents have suffered from 13 the health impacts from long-term exposure to envi- 14 ronmental contamination as a result of 62 years of 15 military operations, and have experienced higher 16 rates of certain diseases among residents, including 17 cancer, cirrhosis, hypertension, diabetes, heavy metal 18 diseases, along with many unnamed and uncategor- 19 ized illnesses. These toxic residues have caused the 20 American residents of Vieques to develop illnesses 21 due to ongoing exposure. 22 (7) In 2017, Vieques was hit by Hurricane 23 Maria, an unusually destructive storm that dev- 24 astated Puerto Rico and intensified the existing hu- 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 405 IS manitarian crisis on the island by destroying existing 1 medical facilities. 2 (8) The medical systems in place prior to Hur- 3 ricane Maria were unable to properly handle the 4 health crisis that existed due to the toxic residue left 5 on the island by the military’s activities. 6 (9) After Maria, the medical facility was closed 7 due to damage and continues to be unable to per- 8 form even the few basic services that it did provide. 9 Vieques needs a medical facility that can treat and 10 address the critical and urgent need to get life-sav- 11 ing medical services to its residents. Due to legal re- 12 strictions, the Federal Emergency Management 13 Agency (in this Act referred to as ‘‘FEMA’’) is un- 14 able to provide a hospital where its capabilities ex- 15 ceed the abilities of the facility that existed prior to 16 Maria; therefore Vieques needs assistance to build a 17 facility to manage the vast health needs of its resi- 18 dents. 19 (10) Every American has benefitted from the 20 sacrifices of those Americans who have lived and are 21 living on Vieques and it is our intent to acknowledge 22 that sacrifice and to treat those Americans with the 23 same respect and appreciation that other Americans 24 enjoy. 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 405 IS (11) In 2012, the residents of Vieques were de- 1 nied the ability to address their needs in Court due 2 to sovereign immunity, Sa´nchez v. United States, 3 No. 3:09–cv–01260–DRD (D.P.R.). However, the 4 United States Court of Appeals for the First Circuit 5 referred the issue to Congress and urged it to ad- 6 dress the humanitarian crisis. This bill attempts to 7 satisfy that request such that Americans living on 8 Vieques have a remedy for the suffering they have 9 endured. 10 SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED 11 STATES FOR CERTAIN RESIDENTS OF THE IS- 12 LAND OF VIEQUES, PUERTO RICO. 13 (a) IN GENERAL.—An individual claimant who has 14 resided on the island of Vieques, Puerto Rico, for not less 15 than 5 years and files a claim for compensation under this 16 section with the Special Master, appointed pursuant to 17 subsection (c), shall be awarded monetary compensation 18 as described in subsection (b) if— 19 (1) the Special Master determines that the 20 claimant is or was a resident, the child of a resident, 21 or an immediate heir (as determined by the laws of 22 Puerto Rico) of a deceased claimant on the island of 23 Vieques, Puerto Rico, during or after the United 24 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 405 IS 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 disease or illness limited to cancer, hyper- 13 tension, cirrhosis, kidney disease, diabetes, or a 14 heavy metal poisoning during or after the United 15 States Government used the island of Vieques, Puer- 16 to 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) $50,000 for 1 disease described in sub- 22 section (a)(3). 23 (B) $80,000 for 2 diseases described in 24 subsection (a)(3). 25 VerDate Sep 11 2014 03:20 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 405 IS (C) $110,000 for 3 or more diseases de- 1 scribed in subsection (a)(3). 2 (2) INCREASE IN AWARD.—In the case that an 3 individual receiving an award under paragraph (1) 4 of this subsection contracts another disease under 5 subsection (a)(3) and files a new claim with the Spe- 6 cial Master for an additional award not later than 7 10 years after the date of the enactment of this Act, 8 the Special Master may award the individual an 9 amount that is equal to the difference between— 10 (A) the amount that the individual would 11 have been eligible to receive had the disease 12 been contracted before the individual filed an 13 initial claim under subsection (a); and 14 (B) the amount received by the individual 15 pursuant to paragraph (1). 16 (3) DECEASED CLAIMANTS.—In the case of an 17 individual who dies before making a claim under this 18 section or a claimant who dies before receiving an 19 award under this section, any immediate heir to the 20 individual or claimant, as determined by the laws of 21 Puerto Rico, shall be eligible for one of the following 22 awards: 23 (A) Compensation in accordance with 24 paragraph (1), divided among any such heir. 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 405 IS (B) Compensation based on the age of the 1 deceased as follows: 2 (i) In the case of an individual or 3 claimant who dies before attaining 20 4 years of age, $110,000, divided among any 5 such heir. 6 (ii) In the case of an individual or 7 claimant who dies before attaining 40 8 years of age, $80,000, divided among any 9 such heir. 10 (iii) In the case of an individual or 11 claimant who dies before attaining 60 12 years of age, $50,000, divided among any 13 such heir. 14 (c) APPOINTMENT OF SPECIAL MASTER.— 15 (1) IN GENERAL.—The Attorney General shall 16 appoint a Special Master not later than 90 days 17 after the date of the enactment of this Act to con- 18 sider claims by individuals and the municipality. 19 (2) QUALIFICATIONS.—The Attorney General 20 shall consider the following in choosing the Special 21 Master: 22 (A) The individual’s experience in the proc- 23 essing of victims’ claims in relation to foreign 24 or domestic governments. 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 405 IS (B) The individual’s balance of experience 1 in representing the interests of the United 2 States and individual claimants. 3 (C) The individual’s experience in matters 4 of national security. 5 (D) The individual’s demonstrated abilities 6 in investigation and fact findings in complex 7 factual matters. 8 (E) Any experience the individual has had 9 advising the United States Government. 10 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE 11 MUNICIPALITY OF VIEQUES.— 12 (1) AWARD.—The Special Master, in exchange 13 for its administrative claims, shall provide the fol- 14 lowing as compensation to the Municipality of 15 Vieques: 16 (A) STAFF.—The Special Master shall pro- 17 vide medical staff, and other resources nec- 18 essary to build and operate a level three trauma 19 center (in this section, referred to as ‘‘medical 20 facility’’) with a cancer center and renal dialysis 21 unit and its equipment. The medical facility 22 shall be able to treat life-threatening, chronic, 23 heavy metal, and physical and mental diseases. 24 The medical facility shall be able to provide 25 VerDate Sep 11 2014 03:20 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 405 IS basic x-ray, EKG, internal medicine expertise, 1 medical coordination personnel and case man- 2 agers, ultrasound, and resources necessary to 3 screen claimants described in subsection (a) 4 who are receiving treatment for the diseases or 5 illnesses described in paragraph (3) of that sub- 6 section for cancer and the other prevailing 7 health problems. 8 (B) OPERATIONS.—The Special Master 9 shall fund the operations of the medical facility 10 to provide medical care for pediatric and adult 11 patients who reside on the island of Vieques, al- 12 lowing the patients to be referred for tertiary 13 and quaternary health care facilities when nec- 14 essary, and providing the transportation and 15 medical costs when traveling off the island of 16 Vieques. 17 (C) ADMINISTRATIVE EXPERTISE.—The 18 Special Master shall ensure that the Adminis- 19 trator of FEMA provides all administrative and 20 technical expertise and oversight in the bidding 21 and construction of the facility but the design 22 and abilities of the hospital shall be determined 23 by the Special Master considering the medical 24 and research needs of the residents of the is- 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 405 IS land of Vieques. All costs shall be part of the 1 municipality’s compensation. 2 (D) INTERIM SERVICES.—Before the med- 3 ical facility on the island of Vieques is oper- 4 ational, the Special Master shall provide to 5 claimants described in subsection (a) who are 6 receiving treatment for the diseases or illnesses 7 described in paragraph (3) of that subsection— 8 (i) urgent health care air transport to 9 hospitals on the mainland of Puerto Rico 10 from the island of Vieques; 11 (ii) medical coordination personnel 12 and case managers; 13 (iii) telemedicine communication abili- 14 ties; and 15 (iv) any other services that are nec- 16 essary to alleviate the health crisis on the 17 island of Vieques. 18 (E) SCREENING.—The Special Master 19 shall make available, at no cost to the patient, 20 medical screening for cancer, cirrhosis, diabetes, 21 and heavy metal contamination on the island of 22 Vieques. 23 (F) ACADEMIC PARTNER.—The Special 24 Master shall appoint an academic partner, with 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 405 IS appropriate experience and an established rela- 1 tionship with the Municipality of Vieques, that 2 shall— 3 (i) lead a research and outreach en- 4 deavor on behalf of the Municipality of 5 Vieques; 6 (ii) select the appropriate scientific ex- 7 pertise and administer defined studies, 8 conducting testing and evaluation of the 9 soils, seas, plant and animal food sources, 10 and the health of residents; and 11 (iii) determine and implement the 12 most efficient and effective way to reduce 13 the environmental toxins to a level suffi- 14 cient to return the soils, seas, food sources, 15 and health circumstances to a level that re- 16 duces the diseases on the island of Vieque [Text truncated for display. Full text available on Congress.gov.]