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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vieques Recovery and 

5 Redevelopment Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Vieques is an island municipality of Puerto 

9 Rico, measuring approximately 21 miles long by 4 


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1 miles wide, and located approximately 8 miles east 

2 of the main island of Puerto Rico. 

3 (2) Prior to Hurricane Maria, residents of 

4 Vieques were served by an urgent medical care facil5 ity, the Susana Centeno Family Health Center, and 

6 residents had to travel off-island to obtain medical 

7 services, including most types of emergency care be8 cause the facility did not have the basic use of x-ray 

9 machines, CT machines, EKG machines, ultra10 sounds, or PET scans. 

11 (3) The predominant means of transporting 

12 passengers and goods between Vieques and the main 

13 island of Puerto Rico is by ferry boat service, and 

14 over the years, the efficiency of this service has fre15 quently been disrupted, unreliable, and difficult for 

16 cancer patients to endure to receive treatment. Each 

17 trip to Ceiba, Puerto Rico, for the cancer patient is 

18 an additional out-of-pocket expense ranging from 

19 $120 to $200. 

20 (4) The United States Military maintained a 

21 presence on the eastern and western portions of 

22 Vieques for close to 60 years, and used parts of the 

23 island as a training range during those years, drop24 ping over 80 million tons of ordnance and other 


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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 ac13 tivity in Vieques, island residents have suffered from 

14 the health impacts from long-term exposure to envi15 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 uncategor20 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 dev25 astated Puerto Rico and intensified the existing huVerDate Sep 11 2014 03:44 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4398.IS S4398

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1 manitarian crisis on the island by destroying existing 

2 medical facilities. 

3 (8) The medical systems in place prior to Hur4 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 per9 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-sav12 ing medical services to its residents. Due to legal re13 strictions, the Federal Emergency Management 

14 Agency (in this Act referred to as ‘‘FEMA’’) is un15 able to provide a hospital where its capabilities ex16 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 resi19 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 same respect and appreciation that other Americans 

25 enjoy. 


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1 (11) In 2012, the residents of Vieques were de2 nied the ability to address their needs in Court due 

3 to sovereign immunity, Sa ́nchez v. United States, 

4 No. 3:09–cv–01260–DRD (D.P.R.). However, the 

5 United States Court of Appeals for the First Circuit 

6 referred the issue to Congress and urged it to ad7 dress the humanitarian crisis. This bill attempts to 

8 satisfy that request such that Americans living on 

9 Vieques have a remedy for the suffering they have 

10 endured. 

11 SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED 

12 STATES FOR CERTAIN RESIDENTS OF THE IS13 LAND OF VIEQUES, PUERTO RICO. 

14 (a) IN GENERAL.—An individual claimant who files 

15 a claim for compensation under this section with the Spe16 cial Master, appointed pursuant to subsection (c), shall be 

17 awarded monetary compensation as described in sub18 section (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 States Government used the island of Vieques, Puer25 to Rico, for military readiness; 


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1 (2) the claimant previously filed a lawsuit or an 

2 administrative claim, or files a claim not later than 

3 120 days after the date of the enactment of this Act 

4 against the United States Government for personal 

5 injury, including illness or death arising from use by 

6 the United States Government of the island of 

7 Vieques for military readiness; and 

8 (3) the claimant submits to the Special Master 

9 written medical documentation that indicates the 

10 claimant contracted a chronic, life threatening, or 

11 physical or mental disease or illness, including can12 cer, hypertension, cirrhosis, kidney disease, diabetes, 

13 or a heavy metal poisoning during or after the 

14 United States Government used the island of 

15 Vieques, Puerto Rico, for military readiness. 

16 (b) AMOUNTS OF AWARD.— 

17 (1) IN GENERAL.—A claimant who meets the 

18 requirements of subsection (a) shall be awarded 

19 compensation as follows: 

20 (A) $10,000 for exposure in the case of a 

21 claimant who provides proof— 

22 (i) of a previously filed lawsuit or ad23 ministrative claim and not less than 5 

24 years of residency on the island of Vieques, 

25 Puerto Rico; or 


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1 (ii) that the claimant is the child of a 

2 parent who resided in Vieques, Puerto 

3 Rico, for not less than 5 years. 

4 (B) $50,000 for 1 disease described in sub5 section (a)(3). 

6 (C) $80,000 for 2 diseases described in 

7 subsection (a)(3). 

8 (D) $110,000 for 3 or more diseases de9 scribed in subsection (a)(3). 

10 (2) INCREASE IN AWARD.—In the case that an 

11 individual receiving an award under paragraph (1) 

12 of this subsection contracts another disease under 

13 subsection (a)(3) and files a new claim with the Spe14 cial Master for an additional award not later than 

15 10 years after the date of the enactment of this Act, 

16 the Special Master may award the individual an 

17 amount that is equal to the difference between— 

18 (A) the amount that the individual would 

19 have been eligible to receive had the disease 

20 been contracted before the individual filed an 

21 initial claim under subsection (a); and 

22 (B) the amount received by the individual 

23 pursuant to paragraph (1). 

24 (3) DECEASED CLAIMANTS.—In the case of an 

25 individual who dies before making a claim under this 


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1 section or a claimant who dies before receiving an 

2 award under this section, any immediate heir to the 

3 individual or claimant, as determined by the laws of 

4 Puerto Rico, shall be eligible for one of the following 

5 awards: 

6 (A) Compensation in accordance with 

7 paragraph (1), divided among any such heir. 

8 (B) Compensation based on the age of the 

9 deceased as follows: 

10 (i) In the case of an individual or 

11 claimant who dies before attaining 20 

12 years of age, $110,000, divided among any 

13 such heir. 

14 (ii) In the case of an individual or 

15 claimant who dies before attaining 40 

16 years of age, $80,000, divided among any 

17 such heir. 

18 (iii) In the case of an individual or 

19 claimant who dies before attaining 60 

20 years of age, $50,000, divided among any 

21 such heir. 

22 (c) APPOINTMENT OF SPECIAL MASTER.— 

23 (1) IN GENERAL.—The Attorney General shall 

24 appoint a Special Master not later than 90 days 


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1 after the date of the enactment of this Act to con2 sider claims by individuals and the municipality. 

3 (2) QUALIFICATIONS.—The Attorney General 

4 shall consider the following in choosing the Special 

5 Master: 

6 (A) The individual’s experience in the proc7 essing of victims’ claims in relation to foreign 

8 or domestic governments. 

9 (B) The individual’s balance of experience 

10 in representing the interests of the United 

11 States and individual claimants. 

12 (C) The individual’s experience in matters 

13 of national security. 

14 (D) The individual’s demonstrated abilities 

15 in investigation and fact findings in complex 

16 factual matters. 

17 (E) Any experience the individual has had 

18 advising the United States Government. 

19 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE

20 MUNICIPALITY OF VIEQUES.— 

21 (1) AWARD.—The Special Master, in exchange 

22 for its administrative claims, shall provide the fol23 lowing as compensation to the Municipality of 

24 Vieques: 


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1 (A) STAFF.—The Special Master shall pro2 vide medical staff, and other resources nec3 essary to build and operate a level three trauma 

4 center (in this section, referred to as ‘‘medical 

5 facility’’) with a cancer center and renal dialysis 

6 unit and its equipment. The medical facility 

7 shall be able to treat life threatening, chronic, 

8 heavy metal, and physical and mental diseases. 

9 The medical facility shall be able to provide 

10 basic x-ray, EKG, internal medicine expertise, 

11 medical coordination personnel and case man12 agers, ultrasound, and resources necessary to 

13 screen residents for cancer and the other pre14 vailing health problems. 

15 (B) OPERATIONS.—The Special Master 

16 shall fund the operations of the medical facility 

17 to provide medical care for pediatric and adult 

18 patients who reside on the island of Vieques, al19 lowing the patients to be referred for tertiary 

20 and quaternary health care facilities when nec21 essary, and providing the transportation and 

22 medical costs when traveling off the island of 

23 Vieques, until such time as medical testing es24 tablishes that the disease levels are reduced to 

25 the average in the United States. 


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1 (C) ADMINISTRATIVE EXPERTISE.—The 

2 Special Master shall ensure that the Adminis3 trator of FEMA provides all administrative and 

4 technical expertise and oversight in the bidding 

5 and construction of the facility but the design 

6 and abilities of the hospital shall be determined 

7 by the Special Master considering the medical 

8 and research needs of the residents of the is9 land of Vieques. All costs shall be part of the 

10 municipality’s compensation. 

11 (D) INTERIM SERVICES.—Before the med12 ical facility on the island of Vieques is oper13 ational, the Special Master shall provide— 

14 (i) urgent health care air transport to 

15 hospitals on the mainland of Puerto Rico 

16 from the island of Vieques; 

17 (ii) medical coordination personnel 

18 and case managers; 

19 (iii) telemedicine communication abili20 ties; and 

21 (iv) any other services that are nec22 essary to alleviate the health crisis on the 

23 island of Vieques. 

24 (E) SCREENING.—The Special Master 

25 shall make available, at no cost to the patient, 


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1 medical screening for cancer, cirrhosis, diabetes, 

2 and heavy metal contamination on the island of 

3 Vieques. 

4 (F) ACADEMIC PARTNER.—The Special 

5 Master shall appoint an academic partner, with 

6 appropriate experience and an established rela7 tionship with the Municipality of Vieques, that 

8 shall— 

9 (i) lead a research and outreach en10 deavor on behalf of the Municipality of 

11 Vieques; 

12 (ii) select the appropriate scientific ex13 pertise and administer defined studies, 

14 conducting testing and evaluation of the 

15 soils, seas, plant and animal food sources, 

16 and the health of residents; and 

17 (iii) determine and implement the 

18 most efficient and effective way to reduce 

19 the environmental toxins to a level suffi20 cient to return the soils, seas, food sources, 

21 and health circumstances to a level that re22 duces the diseases on the island of Vieques 

23 to the average in the United States. 

24 (G) COMPENSATION.—The Special Master 

25 shall compensate the Municipality of Vieques 


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1 for research conducted on behalf of the munici2 pality, before the date of the enactment of this 

3 Act, by universities, colleges, scientists, and 

4 doctors who have tested and evaluated the prev5 alence of toxic substances in the soil, food 

6 sources, and human populations. 

7 (H) DUTIES.—The Special Master shall 

8 provide amounts necessary for the academic 

9 partner and medical coordinator to carry out 

10 the duties described in subparagraphs (A) 

11 through (D). 

12 (I) PROCUREMENT.—The Special Master 

13 shall provide amounts necessary to compensate 

14 the Municipality of Vieques for— 

15 (i) contractual procurement obliga16 tions and additional expenses incurred by 

17 the municipality as a result of the enact18 ment of this section and settlement of its 

19 claim; and 

20 (ii) any other damages and costs to be 

21 incurred by the municipality, if the Special 

22 Master determines that it is necessary to 

23 carry out the purpose of this section. 

24 (J) CONSULTING FIRMS.—The Special 

25 Master shall provide amounts necessary for the 


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1 Special Master to contract with consulting 

2 firms for technical advice on any aspect of the 

3 Special Master’s duties. 

4 (K) POWER SOURCE.—The Special Master 

5 shall determine the best source of producing 

6 independent power on the island of Vieques that 

7 is hurricane resilient and can effectively sustain 

8 the needs of the island and shall authorize such 

9 construction as an award to the Municipality of 

10 Vieques. 

11 (2) SOURCE.—Amounts awarded under this Act 

12 shall be made from amounts appropriated under sec13 tion 1304 of title 31, United States Code, commonly 

14 known as the ‘‘Judgment Fund’’, as if claims were 

15 adjudicated by a United States District Court under 

16 section 1346(b) of title 28, United States Code. 

17 (3) DETERMINATION AND PAYMENT OF

18 CLAIMS.— 

19 (A) ESTABLISHMENT OF FILING PROCE20 DURES.—The Attorney General shall establish 

21 procedures whereby individuals and the munici22 pality may submit claims for payments under 

23 this section to the Special Master. 

24 (B) DETERMINATION OF CLAIMS.—The 

25 Special Master shall, in accordance with this 


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1 subsection, determine whether each claim meets 

2 the requirements of this section. Claims filed by 

3 residents of the island of Vieques that have 

4 been disposed of by a court under chapter 171 

5 of title 28, United States Code, shall be treated 

6 as if such claims are currently filed. 

7 (e) ACTION ON CLAIMS.—The Special Master shall 

8 make a determination on any claim filed under the proce9 dures established under this section not later than 150 

10 days after the date on which the claim is filed. 

11 (f) PAYMENT IN FULL SETTLEMENT OF CLAIMS BY

12 INDIVIDUALS AND THE MUNICIPALITY OF VIEQUES

13 AGAINST THE UNITED STATES.—The acceptance by an 

14 individual or the Municipality of Vieques of a payment of 

15 an award under this section shall— 

16 (1) be final and conclusive; 

17 (2) be deemed to be in full satisfaction of all 

18 claims under chapter 171 of title 28, United States 

19 Code; and 

20 (3) constitute a complete release by the indi21 vidual or municipality of such claim against the 

22 United States and against any employee of the 

23 United States acting in the scope of employment 

24 who is involved in the matter giving rise to the 

25 claim. 


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1 (g) CERTIFICATION OF TREATMENT OF PAYMENTS

2 UNDER OTHER LAWS.—Amounts paid to an individual 

3 under this section— 

4 (1) shall be treated for purposes of the laws of 

5 the United States as damages for human suffering; 

6 and 

7 (2) may not be included as income or resources 

8 for purposes of determining eligibility to receive ben9 efits described in section 3803(c)(2)(C) of title 31, 

10 United States Code, or the amount of such benefits. 

Æ 


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