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 following 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 concerned 

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 2021’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Vieques is an island municipality of Puerto 

2 Rico, measuring approximately 21 miles long by 4 

3 miles wide, and located approximately 8 miles east 

4 of the main island of Puerto Rico. 

5 (2) Prior to Hurricane Maria, residents of 

6 Vieques were served by an urgent medical care facil7 ity, the Susana Centeno Family Health Center, and 

8 residents had to travel off-island to obtain medical 

9 services, including most types of emergency care be10 cause the facility did not have the basic use of x-ray 

11 machines, CT machines, EKG machines, ultra12 sounds, or PET scans. 

13 (3) The predominant means of transporting 

14 passengers and goods between Vieques and the main 

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

16 over the years, the efficiency of this service has fre17 quently been disrupted, unreliable, and difficult for 

18 cancer patients to endure to receive treatment. Each 

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

20 an additional out-of-pocket expense ranging from 

21 $120 to $200. 

22 (4) The United States Military maintained a 

23 presence on the eastern and western portions of 

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

25 island as a training range during those years, dropVerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317

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1 ping over 80 million tons of ordnance and other 

2 weaponry available to the United States military 

3 since World War II. 

4 (5) The unintended, unknown, and unavoidable 

5 consequences of these exercises were to expose 

6 Americans living on the islands to the residue of 

7 that weaponry which includes heavy metals and 

8 many other chemicals now known to harm human 

9 health. 

10 (6) According to Government and independent 

11 documentation, the island of Vieques has high levels 

12 of heavy metals and has been exposed to chemical 

13 weapons and toxic chemicals. Since the military ac14 tivity in Vieques, island residents have suffered from 

15 the health impacts from long-term exposure to envi16 ronmental contamination as a result of 62 years of 

17 military operations, and have experienced higher 

18 rates of certain diseases among residents, including 

19 cancer, cirrhosis, hypertension, diabetes, heavy metal 

20 diseases, along with many unnamed and uncategor21 ized illnesses. These toxic residues have caused the 

22 American residents of Vieques to develop illnesses 

23 due to ongoing exposure. 

24 (7) In 2017, Vieques was hit by Hurricane 

25 Maria, an unusually destructive storm that devVerDate Sep 11 2014 01:47 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317

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1 astated Puerto Rico and intensified the existing hu2 manitarian crisis on the island by destroying existing 

3 medical facilities. 

4 (8) The medical systems in place prior to Hur5 ricane Maria were unable to properly handle the 

6 health crisis that existed due to the toxic residue left 

7 on the island by the military’s activities. 

8 (9) After Maria, the medical facility was closed 

9 due to damage and continues to be unable to per10 form even the few basic services that it did provide. 

11 Vieques needs a medical facility that can treat and 

12 address the critical and urgent need to get life-sav13 ing medical services to its residents. Due to legal re14 strictions, the Federal Emergency Management 

15 Agency (in this Act referred to as ‘‘FEMA’’) is un16 able to provide a hospital where its capabilities ex17 ceed the abilities of the facility that existed prior to 

18 Maria; therefore Vieques needs assistance to build a 

19 facility to manage the vast health needs of its resi20 dents. 

21 (10) Every American has benefitted from the 

22 sacrifices of those Americans who have lived and are 

23 living on Vieques and it is our intent to acknowledge 

24 that sacrifice and to treat those Americans with the 


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1 same respect and appreciation that other Americans 

2 enjoy. 

3 (11) In 2012, the residents of Vieques were de4 nied the ability to address their needs in Court due 

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

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

7 United States Court of Appeals for the First Circuit 

8 referred the issue to Congress and urged it to ad9 dress the humanitarian crisis. This bill attempts to 

10 satisfy that request such that Americans living on 

11 Vieques have a remedy for the suffering they have 

12 endured. 

13 SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED 

14 STATES FOR CERTAIN RESIDENTS OF THE IS15 LAND OF VIEQUES, PUERTO RICO. 

16 (a) IN GENERAL.—An individual claimant who has 

17 resided on the island of Vieques, Puerto Rico, for not less 

18 than 5 years and files a claim for compensation under this 

19 section with the Special Master, appointed pursuant to 

20 subsection (c), shall be awarded monetary compensation 

21 as described in subsection (b) if— 

22 (1) the Special Master determines that the 

23 claimant is or was a resident, the child of a resident, 

24 or an immediate heir (as determined by the laws of 

25 Puerto Rico) of a deceased claimant on the island of 


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1 Vieques, Puerto Rico, during or after the United 

2 States Government used the island of Vieques, Puer3 to Rico, for military readiness; 

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

5 administrative claim, or files a claim not later than 

6 120 days after the date of the enactment of this Act 

7 against the United States Government for personal 

8 injury, including illness or death arising from use by 

9 the United States Government of the island of 

10 Vieques for military readiness; and 

11 (3) the claimant submits to the Special Master 

12 written medical documentation that indicates the 

13 claimant contracted a chronic, life threatening, or 

14 physical disease or illness limited to cancer, hyper15 tension, cirrhosis, kidney disease, diabetes, or a 

16 heavy metal poisoning during or after the United 

17 States Government used the island of Vieques, Puer18 to Rico, for military readiness. 

19 (b) AMOUNTS OF AWARD.— 

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

21 requirements of subsection (a) shall be awarded 

22 compensation as follows: 

23 (A) $50,000 for 1 disease described in sub24 section (a)(3). 


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1 (B) $80,000 for 2 diseases described in 

2 subsection (a)(3). 

3 (C) $110,000 for 3 or more diseases de4 scribed in subsection (a)(3). 

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

6 individual receiving an award under paragraph (1) 

7 of this subsection contracts another disease under 

8 subsection (a)(3) and files a new claim with the Spe9 cial Master for an additional award not later than 

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

11 the Special Master may award the individual an 

12 amount that is equal to the difference between— 

13 (A) the amount that the individual would 

14 have been eligible to receive had the disease 

15 been contracted before the individual filed an 

16 initial claim under subsection (a); and 

17 (B) the amount received by the individual 

18 pursuant to paragraph (1). 

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

20 individual who dies before making a claim under this 

21 section or a claimant who dies before receiving an 

22 award under this section, any immediate heir to the 

23 individual or claimant, as determined by the laws of 

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

25 awards: 


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1 (A) Compensation in accordance with 

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

3 (B) Compensation based on the age of the 

4 deceased as 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 con21 sider claims by individuals and the municipality. 

22 (2) QUALIFICATIONS.—The Attorney General 

23 shall consider the following in choosing the Special 

24 Master: 


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1 (A) The individual’s experience in the proc2 essing of victims’ claims in relation to foreign 

3 or domestic governments. 

4 (B) The individual’s balance of experience 

5 in representing the interests of the United 

6 States and individual claimants. 

7 (C) The individual’s experience in matters 

8 of national security. 

9 (D) The individual’s demonstrated abilities 

10 in investigation and fact findings in complex 

11 factual matters. 

12 (E) Any experience the individual has had 

13 advising the United States Government. 

14 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE

15 MUNICIPALITY OF VIEQUES.— 

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

17 for its administrative claims, shall provide the fol18 lowing as compensation to the Municipality of 

19 Vieques: 

20 (A) STAFF.—The Special Master shall pro21 vide medical staff, and other resources nec22 essary to build and operate a level three trauma 

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

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

25 unit and its equipment. The medical facility 


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1 shall be able to treat life threatening, chronic, 

2 heavy metal, and physical and mental diseases. 

3 The medical facility shall be able to provide 

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

5 medical coordination personnel and case man6 agers, ultrasound, and resources necessary to 

7 screen claimants described in subsection (a) 

8 who are receiving treatment for the diseases or 

9 illnesses described in paragraph (3) of that sub10 section for cancer and the other prevailing 

11 health problems. 

12 (B) OPERATIONS.—The Special Master 

13 shall fund the operations of the medical facility 

14 to provide medical care for pediatric and adult 

15 patients who reside on the island of Vieques, al16 lowing the patients to be referred for tertiary 

17 and quaternary health care facilities when nec18 essary, and providing the transportation and 

19 medical costs when traveling off the island of 

20 Vieques. 

21 (C) ADMINISTRATIVE EXPERTISE.—The 

22 Special Master shall ensure that the Adminis23 trator of FEMA provides all administrative and 

24 technical expertise and oversight in the bidding 

25 and construction of the facility but the design 


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1 and abilities of the hospital shall be determined 

2 by the Special Master considering the medical 

3 and research needs of the residents of the is4 land of Vieques. All costs shall be part of the 

5 municipality’s compensation. 

6 (D) INTERIM SERVICES.—Before the med7 ical facility on the island of Vieques is oper8 ational, the Special Master shall provide to 

9 claimants described in subsection (a) who are 

10 receiving treatment for the diseases or illnesses 

11 described in paragraph (3) of that subsection— 

12 (i) urgent health care air transport to 

13 hospitals on the mainland of Puerto Rico 

14 from the island of Vieques; 

15 (ii) medical coordination personnel 

16 and case managers; 

17 (iii) telemedicine communication abili18 ties; and 

19 (iv) any other services that are nec20 essary to alleviate the health crisis on the 

21 island of Vieques. 

22 (E) SCREENING.—The Special Master 

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

24 medical screening for cancer, cirrhosis, diabetes, 


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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 rela6 tionship with the Municipality of Vieques, that 

7 shall— 

8 (i) lead a research and outreach en9 deavor on behalf of the Municipality of 

10 Vieques; 

11 (ii) select the appropriate scientific ex12 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 suffi19 cient to return the soils, seas, food sources, 

20 and health circumstances to a level that re21 duces the diseases on the island of Vieques 

22 to the average in the United States. 

23 (G) DUTIES.—The Special Master shall 

24 provide amounts necessary for the academic 

25 partner and medical coordinator to carry out 


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1 the duties described in subparagraphs (A) 

2 through (D). 

3 (H) PROCUREMENT.—The Special Master 

4 shall provide amounts necessary to compensate 

5 the Municipality of Vieques for— 

6 (i) contractual procurement obliga7 tions and additional expenses incurred by 

8 the municipality as a result of the enact9 ment of this section and settlement of its 

10 claim; and 

11 (ii) any other damages and costs to be 

12 incurred by the municipality, if the Special 

13 Master determines that it is necessary to 

14 carry out the purpose of this section. 

15 (I) POWER SOURCE.—The Special Master 

16 shall determine the best source of producing 

17 independent power on the island of Vieques that 

18 is hurricane resilient and can effectively sustain 

19 the needs of the island and shall authorize such 

20 construction as an award to the Municipality of 

21 Vieques. 

22 (2) SOURCE.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), amounts awarded under this 

25 Act shall be made from amounts appropriated 


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1 under section 1304 of title 31, United States 

2 Code, commonly known as the ‘‘Judgment 

3 Fund’’, as if claims were adjudicated by a 

4 United States District Court under section 

5 1346(b) of title 28, United States Code. 

6 (B) LIMITATION.—Total amounts awarded 

7 under this Act shall not exceed $1,000,000,000. 

8 (3) DETERMINATION AND PAYMENT OF

9 CLAIMS.— 

10 (A) ESTABLISHMENT OF FILING PROCE11 DURES.—The Attorney General shall establish 

12 procedures whereby individuals and the munici13 pality may submit claims for payments under 

14 this section to the Special Master. 

15 (B) DETERMINATION OF CLAIMS.—The 

16 Special Master shall, in accordance with this 

17 subsection, determine whether each claim meets 

18 the requirements of this section. Claims filed by 

19 residents of the island of Vieques that have 

20 been disposed of by a court under chapter 171 

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

22 as if such claims are currently filed. 

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

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1 dures established under this section not later than 150 

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

3 (f) PAYMENT IN FULL SETTLEMENT OF CLAIMS BY

4 INDIVIDUALS AND THE MUNICIPALITY OF VIEQUES

5 AGAINST THE UNITED STATES.—The acceptance by an 

6 individual or the Municipality of Vieques of a payment of 

7 an award under this section shall— 

8 (1) be final and conclusive; 

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

10 claims under chapter 171 of title 28, United States 

11 Code; and 

12 (3) constitute a complete release by the indi13 vidual or municipality of such claim against the 

14 United States and against any employee of the 

15 United States acting in the scope of employment 

16 who is involved in the matter giving rise to the 

17 claim. 

18 (g) CERTIFICATION OF TREATMENT OF PAYMENTS

19 UNDER OTHER LAWS.—Amounts paid to an individual 

20 under this section— 

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

22 the United States as damages for human suffering; 

23 and 

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

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1 efits described in section 3803(c)(2)(C) of title 31, 

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

3 (h) LIMITATION ON CLAIMS.—A claim to which this 

4 section applies shall be barred unless the claim is filed 

5 within 15 years after the date of the enactment of this 

6 Act. 

Æ 


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