Vieques Recovery and Redevelopment Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1317 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 24, 2021 Ms. VELA´ZQUEZ (for herself and Miss GONZA´LEZ-COLO´N) introduced the fol- lowing 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 con- cerned 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 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1317 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, ultra- 11 sounds, 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 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1317 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 uncategor- 20 ized illnesses. These toxic residues have caused the 21 American residents of Vieques to develop illnesses 22 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 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1317 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 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1317 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 has 16 resided on the island of Vieques, Puerto Rico, for not less 17 than 5 years and files a claim for compensation under this 18 section with the Special Master, appointed pursuant to 19 subsection (c), shall be awarded monetary compensation 20 as described in subsection (b) if— 21 (1) the Special Master determines that the 22 claimant is or was a resident, the child of a resident, 23 or an immediate heir (as determined by the laws of 24 Puerto Rico) of a deceased claimant on the island of 25 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1317 IH Vieques, Puerto Rico, during or after the United 1 States Government used the island of Vieques, Puer- 2 to Rico, for military readiness; 3 (2) the claimant previously filed a lawsuit or an 4 administrative claim, or files a claim not later than 5 120 days after the date of the enactment of this Act 6 against the United States Government for personal 7 injury, including illness or death arising from use by 8 the United States Government of the island of 9 Vieques for military readiness; and 10 (3) the claimant submits to the Special Master 11 written medical documentation that indicates the 12 claimant contracted a chronic, life threatening, or 13 physical disease or illness limited to cancer, hyper- 14 tension, cirrhosis, kidney disease, diabetes, or a 15 heavy metal poisoning during or after the United 16 States Government used the island of Vieques, Puer- 17 to Rico, for military readiness. 18 (b) AMOUNTS OF AWARD.— 19 (1) IN GENERAL.—A claimant who meets the 20 requirements of subsection (a) shall be awarded 21 compensation as follows: 22 (A) $50,000 for 1 disease described in sub- 23 section (a)(3). 24 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1317 IH (B) $80,000 for 2 diseases described in 1 subsection (a)(3). 2 (C) $110,000 for 3 or more diseases de- 3 scribed in subsection (a)(3). 4 (2) INCREASE IN AWARD.—In the case that an 5 individual receiving an award under paragraph (1) 6 of this subsection contracts another disease under 7 subsection (a)(3) and files a new claim with the Spe- 8 cial Master for an additional award not later than 9 10 years after the date of the enactment of this Act, 10 the Special Master may award the individual an 11 amount that is equal to the difference between— 12 (A) the amount that the individual would 13 have been eligible to receive had the disease 14 been contracted before the individual filed an 15 initial claim under subsection (a); and 16 (B) the amount received by the individual 17 pursuant to paragraph (1). 18 (3) DECEASED CLAIMANTS.—In the case of an 19 individual who dies before making a claim under this 20 section or a claimant who dies before receiving an 21 award under this section, any immediate heir to the 22 individual or claimant, as determined by the laws of 23 Puerto Rico, shall be eligible for one of the following 24 awards: 25 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1317 IH (A) Compensation in accordance with 1 paragraph (1), divided among any such heir. 2 (B) Compensation based on the age of the 3 deceased as follows: 4 (i) In the case of an individual or 5 claimant who dies before attaining 20 6 years of age, $110,000, divided among any 7 such heir. 8 (ii) In the case of an individual or 9 claimant who dies before attaining 40 10 years of age, $80,000, divided among any 11 such heir. 12 (iii) In the case of an individual or 13 claimant who dies before attaining 60 14 years of age, $50,000, divided among any 15 such heir. 16 (c) APPOINTMENT OF SPECIAL MASTER.— 17 (1) IN GENERAL.—The Attorney General shall 18 appoint a Special Master not later than 90 days 19 after the date of the enactment of this Act to con- 20 sider claims by individuals and the municipality. 21 (2) QUALIFICATIONS.—The Attorney General 22 shall consider the following in choosing the Special 23 Master: 24 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1317 IH (A) The individual’s experience in the proc- 1 essing of victims’ claims in relation to foreign 2 or domestic governments. 3 (B) The individual’s balance of experience 4 in representing the interests of the United 5 States and individual claimants. 6 (C) The individual’s experience in matters 7 of national security. 8 (D) The individual’s demonstrated abilities 9 in investigation and fact findings in complex 10 factual matters. 11 (E) Any experience the individual has had 12 advising the United States Government. 13 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE 14 MUNICIPALITY OF VIEQUES.— 15 (1) AWARD.—The Special Master, in exchange 16 for its administrative claims, shall provide the fol- 17 lowing as compensation to the Municipality of 18 Vieques: 19 (A) STAFF.—The Special Master shall pro- 20 vide medical staff, and other resources nec- 21 essary to build and operate a level three trauma 22 center (in this section, referred to as ‘‘medical 23 facility’’) with a cancer center and renal dialysis 24 unit and its equipment. The medical facility 25 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1317 IH shall be able to treat life threatening, chronic, 1 heavy metal, and physical and mental diseases. 2 The medical facility shall be able to provide 3 basic x-ray, EKG, internal medicine expertise, 4 medical coordination personnel and case man- 5 agers, ultrasound, and resources necessary to 6 screen claimants described in subsection (a) 7 who are receiving treatment for the diseases or 8 illnesses described in paragraph (3) of that sub- 9 section for cancer and the other prevailing 10 health problems. 11 (B) OPERATIONS.—The Special Master 12 shall fund the operations of the medical facility 13 to provide medical care for pediatric and adult 14 patients who reside on the island of Vieques, al- 15 lowing the patients to be referred for tertiary 16 and quaternary health care facilities when nec- 17 essary, and providing the transportation and 18 medical costs when traveling off the island of 19 Vieques. 20 (C) ADMINISTRATIVE EXPERTISE.—The 21 Special Master shall ensure that the Adminis- 22 trator of FEMA provides all administrative and 23 technical expertise and oversight in the bidding 24 and construction of the facility but the design 25 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1317 IH and abilities of the hospital shall be determined 1 by the Special Master considering the medical 2 and research needs of the residents of the is- 3 land of Vieques. All costs shall be part of the 4 municipality’s compensation. 5 (D) INTERIM SERVICES.—Before the med- 6 ical facility on the island of Vieques is oper- 7 ational, the Special Master shall provide to 8 claimants described in subsection (a) who are 9 receiving treatment for the diseases or illnesses 10 described in paragraph (3) of that subsection— 11 (i) urgent health care air transport to 12 hospitals on the mainland of Puerto Rico 13 from the island of Vieques; 14 (ii) medical coordination personnel 15 and case managers; 16 (iii) telemedicine communication abili- 17 ties; and 18 (iv) any other services that are nec- 19 essary to alleviate the health crisis on the 20 island of Vieques. 21 (E) SCREENING.—The Special Master 22 shall make available, at no cost to the patient, 23 medical screening for cancer, cirrhosis, diabetes, 24 VerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 1317 IH and heavy metal contamination on the island of 1 Vieques. 2 (F) ACADEMIC PARTNER.—The Special 3 Master shall appoint an academic partner, with 4 appropriate experience and an established rela- 5 tionship with the Municipality of Vieques, that 6 shall— 7 (i) lead a research and outreach en- 8 deavor on behalf of the Municipality of 9 Vieques; 10 (ii) select the appropriate scientific ex- 11 pertise and administer defined studies, 12 conducting testing and evaluation of the 13 soils, seas, plant and animal food sources, 14 and the health of residents; and 15 (iii) determi [Text truncated for display. 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