Vieques Recovery and Redevelopment Act of 2020

II 116TH CONGRESS 2D SESSION S. 4398 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 AUGUST 3, 2020 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 of 2020’’. 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 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4398 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 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4398 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 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4398 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 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4398 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 files 14 a claim for compensation under this section with the Spe- 15 cial Master, appointed pursuant to subsection (c), shall be 16 awarded monetary compensation as described in sub- 17 section (b) if— 18 (1) the Special Master determines that the 19 claimant is or was a resident, the child of a resident, 20 or an immediate heir (as determined by the laws of 21 Puerto Rico) of a deceased claimant on the island of 22 Vieques, Puerto Rico, during or after the United 23 States Government used the island of Vieques, Puer- 24 to Rico, for military readiness; 25 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4398 IS (2) the claimant previously filed a lawsuit or an 1 administrative claim, or files a claim not later than 2 120 days after the date of the enactment of this Act 3 against the United States Government for personal 4 injury, including illness or death arising from use by 5 the United States Government of the island of 6 Vieques for military readiness; and 7 (3) the claimant submits to the Special Master 8 written medical documentation that indicates the 9 claimant contracted a chronic, life threatening, or 10 physical or mental disease or illness, including can- 11 cer, hypertension, cirrhosis, kidney disease, diabetes, 12 or a heavy metal poisoning during or after the 13 United States Government used the island of 14 Vieques, Puerto Rico, for military readiness. 15 (b) AMOUNTS OF AWARD.— 16 (1) IN GENERAL.—A claimant who meets the 17 requirements of subsection (a) shall be awarded 18 compensation as follows: 19 (A) $10,000 for exposure in the case of a 20 claimant who provides proof— 21 (i) of a previously filed lawsuit or ad- 22 ministrative claim and not less than 5 23 years of residency on the island of Vieques, 24 Puerto Rico; or 25 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4398 IS (ii) that the claimant is the child of a 1 parent who resided in Vieques, Puerto 2 Rico, for not less than 5 years. 3 (B) $50,000 for 1 disease described in sub- 4 section (a)(3). 5 (C) $80,000 for 2 diseases described in 6 subsection (a)(3). 7 (D) $110,000 for 3 or more diseases de- 8 scribed in subsection (a)(3). 9 (2) INCREASE IN AWARD.—In the case that an 10 individual receiving an award under paragraph (1) 11 of this subsection contracts another disease under 12 subsection (a)(3) and files a new claim with the Spe- 13 cial Master for an additional award not later than 14 10 years after the date of the enactment of this Act, 15 the Special Master may award the individual an 16 amount that is equal to the difference between— 17 (A) the amount that the individual would 18 have been eligible to receive had the disease 19 been contracted before the individual filed an 20 initial claim under subsection (a); and 21 (B) the amount received by the individual 22 pursuant to paragraph (1). 23 (3) DECEASED CLAIMANTS.—In the case of an 24 individual who dies before making a claim under this 25 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4398 IS section or a claimant who dies before receiving an 1 award under this section, any immediate heir to the 2 individual or claimant, as determined by the laws of 3 Puerto Rico, shall be eligible for one of the following 4 awards: 5 (A) Compensation in accordance with 6 paragraph (1), divided among any such heir. 7 (B) Compensation based on the age of the 8 deceased as follows: 9 (i) In the case of an individual or 10 claimant who dies before attaining 20 11 years of age, $110,000, divided among any 12 such heir. 13 (ii) In the case of an individual or 14 claimant who dies before attaining 40 15 years of age, $80,000, divided among any 16 such heir. 17 (iii) In the case of an individual or 18 claimant who dies before attaining 60 19 years of age, $50,000, divided among any 20 such heir. 21 (c) APPOINTMENT OF SPECIAL MASTER.— 22 (1) IN GENERAL.—The Attorney General shall 23 appoint a Special Master not later than 90 days 24 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4398 IS after the date of the enactment of this Act to con- 1 sider claims by individuals and the municipality. 2 (2) QUALIFICATIONS.—The Attorney General 3 shall consider the following in choosing the Special 4 Master: 5 (A) The individual’s experience in the proc- 6 essing of victims’ claims in relation to foreign 7 or domestic governments. 8 (B) The individual’s balance of experience 9 in representing the interests of the United 10 States and individual claimants. 11 (C) The individual’s experience in matters 12 of national security. 13 (D) The individual’s demonstrated abilities 14 in investigation and fact findings in complex 15 factual matters. 16 (E) Any experience the individual has had 17 advising the United States Government. 18 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE 19 MUNICIPALITY OF VIEQUES.— 20 (1) AWARD.—The Special Master, in exchange 21 for its administrative claims, shall provide the fol- 22 lowing as compensation to the Municipality of 23 Vieques: 24 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4398 IS (A) STAFF.—The Special Master shall pro- 1 vide medical staff, and other resources nec- 2 essary to build and operate a level three trauma 3 center (in this section, referred to as ‘‘medical 4 facility’’) with a cancer center and renal dialysis 5 unit and its equipment. The medical facility 6 shall be able to treat life threatening, chronic, 7 heavy metal, and physical and mental diseases. 8 The medical facility shall be able to provide 9 basic x-ray, EKG, internal medicine expertise, 10 medical coordination personnel and case man- 11 agers, ultrasound, and resources necessary to 12 screen residents for cancer and the other pre- 13 vailing health problems. 14 (B) OPERATIONS.—The Special Master 15 shall fund the operations of the medical facility 16 to provide medical care for pediatric and adult 17 patients who reside on the island of Vieques, al- 18 lowing the patients to be referred for tertiary 19 and quaternary health care facilities when nec- 20 essary, and providing the transportation and 21 medical costs when traveling off the island of 22 Vieques, until such time as medical testing es- 23 tablishes that the disease levels are reduced to 24 the average in the United States. 25 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4398 IS (C) ADMINISTRATIVE EXPERTISE.—The 1 Special Master shall ensure that the Adminis- 2 trator of FEMA provides all administrative and 3 technical expertise and oversight in the bidding 4 and construction of the facility but the design 5 and abilities of the hospital shall be determined 6 by the Special Master considering the medical 7 and research needs of the residents of the is- 8 land of Vieques. All costs shall be part of the 9 municipality’s compensation. 10 (D) INTERIM SERVICES.—Before the med- 11 ical facility on the island of Vieques is oper- 12 ational, the Special Master shall provide— 13 (i) urgent health care air transport to 14 hospitals on the mainland of Puerto Rico 15 from the island of Vieques; 16 (ii) medical coordination personnel 17 and case managers; 18 (iii) telemedicine communication abili- 19 ties; and 20 (iv) any other services that are nec- 21 essary to alleviate the health crisis on the 22 island of Vieques. 23 (E) SCREENING.—The Special Master 24 shall make available, at no cost to the patient, 25 VerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4398 IS medical screening for cancer, cirrhosis, diabetes, 1 and heavy metal contamination on the island of 2 Vieques. 3 (F) ACADEMIC PARTNER.—The Special 4 Master shall appoint an academic partner, with 5 appropriate experience and an established rela- 6 tionship with the Municipality of Vieques, that 7 shall— 8 (i) lead a research and outreach en- 9 deavor on behalf of the Municipality of 10 Vieques; 11 (ii) select the appropriate scientific ex- 12 pertise and administer defined studies, 13 conducting testing and evaluation of the 14 soils, seas, plant and animal food sources, 15 and the health of residents; and 16 (iii) determine and implement the 17 most efficient and effective way to reduce 18 the environmental toxins to a level [Text truncated for display. 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