Vieques Recovery and Redevelopment Act

II 118TH CONGRESS 1ST SESSION S. 1386 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 MAY 1, 2023 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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1386 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, 9 ultrasounds, 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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1386 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 19 uncategorized illnesses. These toxic residues have 20 caused the American residents of Vieques to develop 21 illnesses 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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1386 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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1386 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, Sanchez 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 before the date of enactment of this Act and 16 files a claim for compensation under this section with the 17 Special Master, appointed pursuant to subsection (c), shall 18 be 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 or an immediate heir 22 (as determined by the laws of Puerto Rico) of a de- 23 ceased claimant on the island of Vieques, Puerto 24 Rico, during or after the United States Government 25 VerDate Sep 11 2014 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1386 IS used the island of Vieques, Puerto Rico, for military 1 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 that it 11 is more likely than not the claimant contracted a 12 chronic, life-threatening, or physical disease or ill- 13 ness limited to cancer, hypertension, cirrhosis, kid- 14 ney disease, diabetes, or a heavy metal poisoning as 15 a result the United States Government used the is- 16 land of 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) $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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1386 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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1386 IS (B) Compensation based on the age of the 1 deceased if the claimant shows that it is more 2 likely than not that the United States Military 3 activity caused the death of the individual as 4 follows: 5 (i) In the case of an individual or 6 claimant who dies before attaining 20 7 years of age, $110,000, divided among any 8 such heir. 9 (ii) In the case of an individual or 10 claimant who dies before attaining 40 11 years of age, $80,000, divided among any 12 such heir. 13 (iii) In the case of an individual or 14 claimant who dies before attaining 60 15 years of age, $50,000, divided among any 16 such heir. 17 (c) APPOINTMENT OF SPECIAL MASTER.— 18 (1) IN GENERAL.—The Attorney General shall 19 appoint a Special Master not later than 90 days 20 after the date of the enactment of this Act to con- 21 sider claims by individuals and the municipality. 22 (2) QUALIFICATIONS.—The Attorney General 23 shall consider the following in choosing the Special 24 Master: 25 VerDate Sep 11 2014 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1386 IS (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 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1386 IS 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) INTERIM SERVICES.—Before the med- 21 ical facility on the island of Vieques is oper- 22 ational, the Special Master shall provide to 23 claimants described in subsection (a) who are 24 VerDate Sep 11 2014 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1386 IS receiving treatment for the diseases or illnesses 1 described in paragraph (3) of that subsection— 2 (i) urgent health care air transport to 3 hospitals on the mainland of Puerto Rico 4 from the island of Vieques; 5 (ii) medical coordination personnel 6 and case managers; 7 (iii) telemedicine communication abili- 8 ties; and 9 (iv) any other services that are nec- 10 essary to alleviate the health crisis on the 11 island of Vieques. 12 (D) SCREENING.—The Special Master 13 shall make available, at no cost to the patient, 14 medical screening for cancer, cirrhosis, diabetes, 15 and heavy metal contamination on the island of 16 Vieques. 17 (E) ACADEMIC PARTNER.—The Special 18 Master shall appoint an academic partner, with 19 appropriate experience and an established rela- 20 tionship with the Municipality of Vieques, that 21 shall— 22 (i) lead a research and outreach en- 23 deavor on behalf of the Municipality of 24 Vieques; 25 VerDate Sep 11 2014 06:50 May 09, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1386 IS (ii) select the appropriate scientific ex- 1 pertise and administer defined studies, 2 conducting testing and evaluation of the 3 soils, seas, plant and animal food sources, 4 and the health of residents; and 5 (iii) determine and implement the 6 most efficient and effective way to reduce 7 the environmental toxins to a level suffi- 8 cient to return the soils, seas, food sources, 9 and health circumstances to a level that re- 10 duces the diseases on the island of Vieques 11 to the average in the United States. 12 (F) DUTIES.—The Special Master shall 13 provide amounts necessary for the academic 14 partner and medical coordinator to carry out 15 the duties described in subparagraphs (A) 16 through (D). 17 (G) PROCUR [Text truncated for display. 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