I 

116TH CONGRESS 

1ST SESSION H. R. 4605 

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 

OCTOBER 4, 2019 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico (for herself, Mr. KELLY of Mississippi, 

and Mr. SOTO) 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 2019’’. 

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, 

12 ultrasounds, 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 22:10 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4605.IH H4605

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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 

21 uncategorized illnesses. These toxic residues have 

22 caused the American residents of Vieques to develop 

23 illnesses due to ongoing exposure. 

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

25 Maria, an unusually destructive storm that devVerDate Sep 11 2014 22:10 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4605.IH H4605

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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 files 

17 a claim for compensation under this section with the Spe18 cial Master, appointed pursuant to subsection (c), shall be 

19 awarded monetary compensation as described in sub20 section (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 Vieques, Puerto Rico, during or after the United 


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1 States Government used the island of Vieques, Puer2 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 or mental disease or illness, including can14 cer, hypertension, cirrhosis, kidney disease, diabetes, 

15 or a heavy metal poisoning during or after the 

16 United States Government used the island of 

17 Vieques, Puerto 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) $10,000 for exposure in the case of a 

23 claimant who provides proof— 

24 (i) of a previously filed lawsuit or ad25 ministrative claim and not less than 5 


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1 years of residency on the island of Vieques, 

2 Puerto Rico; or 

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

4 parent who resided in Vieques, Puerto 

5 Rico, for not less than 5 years. 

6 (B) $50,000 for 1 disease described in sub7 section (a)(3). 

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

9 subsection (a)(3). 

10 (D) $110,000 for 3 or more diseases de11 scribed in subsection (a)(3). 

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

13 individual receiving an award under paragraph (1) 

14 of this subsection contracts another disease under 

15 subsection (a)(3) and files a new claim with the Spe16 cial Master for an additional award not later than 

17 10 years after the date of the enactment of this Act, 

18 the Special Master may award the individual an 

19 amount that is equal to the difference between— 

20 (A) the amount that the individual would 

21 have been eligible to receive had the disease 

22 been contracted before the individual filed an 

23 initial claim under subsection (a); and 

24 (B) the amount received by the individual 

25 pursuant to paragraph (1). 


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

2 individual who dies before making a claim under this 

3 section or a claimant who dies before receiving an 

4 award under this section, any immediate heir to the 

5 individual or claimant, as determined by the laws of 

6 Puerto Rico, shall be eligible for 1 of the following 

7 awards: 

8 (A) Compensation in accordance with 

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

10 (B) Compensation based on the age of the 

11 deceased as follows: 

12 (i) In the case of an individual or 

13 claimant who dies before attaining 20 

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

15 such heir. 

16 (ii) In the case of an individual or 

17 claimant who dies before attaining 40 

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

19 such heir. 

20 (iii) In the case of an individual or 

21 claimant who dies before attaining 60 

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

23 such heir. 

24 (c) APPOINTMENT OF SPECIAL MASTER.— 


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

2 appoint a Special Master not later than 90 days 

3 after the date of the enactment of this Act to con4 sider claims by individuals and the Municipality. 

5 (2) QUALIFICATIONS.—The Attorney General 

6 shall consider the following in choosing the Special 

7 Master: 

8 (A) The individual’s experience in the proc9 essing of victims’ claims in relation to foreign 

10 or domestic governments. 

11 (B) The individual’s balance of experience 

12 in representing the interests of the United 

13 States and individual claimants. 

14 (C) The individual’s experience in matters 

15 of national security. 

16 (D) The individual’s demonstrated abilities 

17 in investigation and fact findings in complex 

18 factual matters. 

19 (E) Any experience the individual has had 

20 advising the United States Government. 

21 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE

22 MUNICIPALITY OF VIEQUES.— 

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

24 for its administrative claims, shall provide the folVerDate Sep 11 2014 22:10 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4605.IH H4605

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1 lowing as compensation to the Municipality of 

2 Vieques: 

3 (A) STAFF.—The Special Master shall pro4 vide medical staff, and other resources nec5 essary to build and operate a level three trauma 

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

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

8 unit and its equipment. The medical facility 

9 shall be able to treat life threatening, chronic, 

10 heavy metal, and physical and mental diseases. 

11 The medical facility shall be able to provide 

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

13 medical coordination personnel and case man14 agers, ultrasound, and resources necessary to 

15 screen residents for cancer and the other pre16 vailing health problems. 

17 (B) OPERATIONS.—The Special Master 

18 shall fund the operations of the medical facility 

19 to provide medical care for pediatric and adult 

20 patients who reside on the island of Vieques, al21 lowing the patients to be referred for tertiary 

22 and quaternary health care facilities when nec23 essary, and providing the transportation and 

24 medical costs when traveling off the island of 

25 Vieques, until such time as medical testing esVerDate Sep 11 2014 22:10 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4605.IH H4605

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1 tablishes that the disease levels are reduced to 

2 the average in the United States. 

3 (C) ADMINISTRATIVE EXPERTISE.—The 

4 Special Master shall ensure that the Adminis5 trator of FEMA provides all administrative and 

6 technical expertise and oversight in the bidding 

7 and construction of the facility but the design 

8 and abilities of the hospital shall be determined 

9 by the Special Master considering the medical 

10 and research needs of the residents of the is11 land of Vieques. All costs shall be part of the 

12 municipality’s compensation. 

13 (D) INTERIM SERVICES.—Before the med14 ical facility on the island of Vieques is oper15 ational, the Special Master shall provide— 

16 (i) urgent health care air transport to 

17 hospitals on the mainland of Puerto Rico 

18 from the island of Vieques; 

19 (ii) medical coordination personnel 

20 and case managers; 

21 (iii) telemedicine communication abili22 ties; and 

23 (iv) any other services that are nec24 essary to alleviate the health crisis on the 

25 island of Vieques. 


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1 (E) SCREENING.—The Special Master 

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

3 medical screening for cancer, cirrhosis, diabetes, 

4 and heavy metal contamination on the island of 

5 Vieques. 

6 (F) ACADEMIC PARTNER.—The Special 

7 Master shall appoint an academic partner, with 

8 appropriate experience and an established rela9 tionship with the Municipality of Vieques 

10 shall— 

11 (i) lead a research and outreach en12 deavor on behalf of the Municipality of 

13 Vieques; 

14 (ii) select the appropriate scientific ex15 pertise and administer defined studies, 

16 conducting testing and evaluation of the 

17 soils, seas, plant and animal food sources, 

18 and the health of residents; and 

19 (iii) determine and implement the 

20 most efficient and effective way to reduce 

21 the environmental toxins to a level suffi22 cient to return the soils, seas, food sources, 

23 and health circumstances to a level that re24 duces the diseases on the island of Vieques 

25 to the average in the United States. 


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1 (G) COMPENSATION.—The Special Master 

2 shall compensate the Municipality of Vieques 

3 for research conducted on behalf of the Munici4 pality, before the date of the enactment of this 

5 Act, by universities, colleges, scientists, and 

6 doctors who have tested and evaluated the prev7 alence of toxic substances in the soil, food 

8 sources, and human populations. 

9 (H) DUTIES.—The Special Master shall 

10 provide amounts necessary for the academic 

11 partner and medical coordinator to carry out 

12 the duties described in subparagraphs (A) 

13 through (D). 

14 (I) PROCUREMENT.—The Special Master 

15 shall provide amounts necessary to compensate 

16 the Municipality of Vieques for— 

17 (i) contractual procurement obliga18 tions and additional expenses incurred by 

19 the Municipality as a result of the enact20 ment of this section and settlement of its 

21 claim; and 

22 (ii) any other damages and costs to be 

23 incurred by the Municipality, if the Special 

24 Master determines that it is necessary to 

25 carry out the purpose of this section. 


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1 (J) CONSULTING FIRMS.—The Special 

2 Master shall provide amounts necessary for the 

3 Special Master to contract with consulting 

4 firms for technical advice on any aspect of the 

5 Special Master’s duties. 

6 (K) POWER SOURCE.—The Special Master 

7 shall determine the best source of producing 

8 independent power on the island of Vieques that 

9 is hurricane resilient and can effectively sustain 

10 the needs of the island and shall authorize such 

11 construction as an award to the Municipality of 

12 Vieques. 

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

14 shall be made from amounts appropriated under sec15 tion 1304 of title 31, United States Code, commonly 

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

17 adjudicated by a United States District Court under 

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

19 (3) DETERMINATION AND PAYMENT OF

20 CLAIMS.— 

21 (A) ESTABLISHMENT OF FILING PROCE22 DURES.—The Attorney General shall establish 

23 procedures whereby individuals and the Munici24 pality may submit claims for payments under 

25 this section to the Special Master. 


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1 (B) DETERMINATION OF CLAIMS.—The 

2 Special Master shall, in accordance with this 

3 subsection, determine whether each claim meets 

4 the requirements of this section. Claims filed by 

5 residents of the island of Vieques that have 

6 been disposed of by a court under chapter 171 

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

8 as if such claims are currently filed. 

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

10 make a determination on any claim filed under the proce11 dures established under this section not later than 150 

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

13 (f) PAYMENT IN FULL SETTLEMENT OF CLAIMS BY

14 INDIVIDUALS AND THE MUNICIPALITY OF VIEQUES

15 AGAINST THE UNITED STATES.—The acceptance by an 

16 individual or the Municipality of Vieques of a payment of 

17 an award under this section shall— 

18 (1) be final and conclusive; 

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

20 claims under chapter 171 of title 28, United States 

21 Code; and 

22 (3) constitute a complete release by the indi23 vidual or Municipality of such claim against the 

24 United States and against any employee of the 

25 United States acting in the scope of employment 


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1 who is involved in the matter giving rise to the 

2 claim. 

3 (g) CERTIFICATION OF TREATMENT OF PAYMENTS

4 UNDER OTHER LAWS.—Amounts paid to an individual 

5 under this section— 

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

7 the United States as damages for human suffering; 

8 and 

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

10 for purposes of determining eligibility to receive ben11 efits described in section 3803(c)(2)(C) of title 31, 

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

Æ 


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