II 

117TH CONGRESS 

1ST SESSION S. 405 

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 

FEBRUARY 24, 2021 

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’’. 

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 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S405.IS S405

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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 has 

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

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

17 section with the Special Master, appointed pursuant to 

18 subsection (c), shall be awarded monetary compensation 

19 as described in subsection (b) if— 

20 (1) the Special Master determines that the 

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

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

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

24 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 disease or illness limited to cancer, hyper14 tension, cirrhosis, kidney disease, diabetes, or a 

15 heavy metal poisoning during or after the United 

16 States Government used the island of Vieques, Puer17 to 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) $50,000 for 1 disease described in sub23 section (a)(3). 

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

25 subsection (a)(3). 


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1 (C) $110,000 for 3 or more diseases de2 scribed in subsection (a)(3). 

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

4 individual receiving an award under paragraph (1) 

5 of this subsection contracts another disease under 

6 subsection (a)(3) and files a new claim with the Spe7 cial Master for an additional award not later than 

8 10 years after the date of the enactment of this Act, 

9 the Special Master may award the individual an 

10 amount that is equal to the difference between— 

11 (A) the amount that the individual would 

12 have been eligible to receive had the disease 

13 been contracted before the individual filed an 

14 initial claim under subsection (a); and 

15 (B) the amount received by the individual 

16 pursuant to paragraph (1). 

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

18 individual who dies before making a claim under this 

19 section or a claimant who dies before receiving an 

20 award under this section, any immediate heir to the 

21 individual or claimant, as determined by the laws of 

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

23 awards: 

24 (A) Compensation in accordance with 

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


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1 (B) Compensation based on the age of the 

2 deceased as follows: 

3 (i) In the case of an individual or 

4 claimant who dies before attaining 20 

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

6 such heir. 

7 (ii) In the case of an individual or 

8 claimant who dies before attaining 40 

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

10 such heir. 

11 (iii) In the case of an individual or 

12 claimant who dies before attaining 60 

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

14 such heir. 

15 (c) APPOINTMENT OF SPECIAL MASTER.— 

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

17 appoint a Special Master not later than 90 days 

18 after the date of the enactment of this Act to con19 sider claims by individuals and the municipality. 

20 (2) QUALIFICATIONS.—The Attorney General 

21 shall consider the following in choosing the Special 

22 Master: 

23 (A) The individual’s experience in the proc24 essing of victims’ claims in relation to foreign 

25 or domestic governments. 


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1 (B) The individual’s balance of experience 

2 in representing the interests of the United 

3 States and individual claimants. 

4 (C) The individual’s experience in matters 

5 of national security. 

6 (D) The individual’s demonstrated abilities 

7 in investigation and fact findings in complex 

8 factual matters. 

9 (E) Any experience the individual has had 

10 advising the United States Government. 

11 (d) AWARD AMOUNTS RELATED TO CLAIMS BY THE

12 MUNICIPALITY OF VIEQUES.— 

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

14 for its administrative claims, shall provide the fol15 lowing as compensation to the Municipality of 

16 Vieques: 

17 (A) STAFF.—The Special Master shall pro18 vide medical staff, and other resources nec19 essary to build and operate a level three trauma 

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

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

22 unit and its equipment. The medical facility 

23 shall be able to treat life-threatening, chronic, 

24 heavy metal, and physical and mental diseases. 

25 The medical facility shall be able to provide 


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

2 medical coordination personnel and case man3 agers, ultrasound, and resources necessary to 

4 screen claimants described in subsection (a) 

5 who are receiving treatment for the diseases or 

6 illnesses described in paragraph (3) of that sub7 section for cancer and the other prevailing 

8 health problems. 

9 (B) OPERATIONS.—The Special Master 

10 shall fund the operations of the medical facility 

11 to provide medical care for pediatric and adult 

12 patients who reside on the island of Vieques, al13 lowing the patients to be referred for tertiary 

14 and quaternary health care facilities when nec15 essary, and providing the transportation and 

16 medical costs when traveling off the island of 

17 Vieques. 

18 (C) ADMINISTRATIVE EXPERTISE.—The 

19 Special Master shall ensure that the Adminis20 trator of FEMA provides all administrative and 

21 technical expertise and oversight in the bidding 

22 and construction of the facility but the design 

23 and abilities of the hospital shall be determined 

24 by the Special Master considering the medical 

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1 land of Vieques. All costs shall be part of the 

2 municipality’s compensation. 

3 (D) INTERIM SERVICES.—Before the med4 ical facility on the island of Vieques is oper5 ational, the Special Master shall provide to 

6 claimants described in subsection (a) who are 

7 receiving treatment for the diseases or illnesses 

8 described in paragraph (3) of that subsection— 

9 (i) urgent health care air transport to 

10 hospitals on the mainland of Puerto Rico 

11 from the island of Vieques; 

12 (ii) medical coordination personnel 

13 and case managers; 

14 (iii) telemedicine communication abili15 ties; and 

16 (iv) any other services that are nec17 essary to alleviate the health crisis on the 

18 island of Vieques. 

19 (E) SCREENING.—The Special Master 

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

21 medical screening for cancer, cirrhosis, diabetes, 

22 and heavy metal contamination on the island of 

23 Vieques. 

24 (F) ACADEMIC PARTNER.—The Special 

25 Master shall appoint an academic partner, with 


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1 appropriate experience and an established rela2 tionship with the Municipality of Vieques, that 

3 shall— 

4 (i) lead a research and outreach en5 deavor on behalf of the Municipality of 

6 Vieques; 

7 (ii) select the appropriate scientific ex8 pertise and administer defined studies, 

9 conducting testing and evaluation of the 

10 soils, seas, plant and animal food sources, 

11 and the health of residents; and 

12 (iii) determine and implement the 

13 most efficient and effective way to reduce 

14 the environmental toxins to a level suffi15 cient to return the soils, seas, food sources, 

16 and health circumstances to a level that re17 duces the diseases on the island of Vieques 

18 to the average in the United States. 

19 (G) DUTIES.—The Special Master shall 

20 provide amounts necessary for the academic 

21 partner and medical coordinator to carry out 

22 the duties described in subparagraphs (A) 

23 through (D). 


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1 (H) PROCUREMENT.—The Special Master 

2 shall provide amounts necessary to compensate 

3 the Municipality of Vieques for— 

4 (i) contractual procurement obliga5 tions and additional expenses incurred by 

6 the municipality as a result of the enact7 ment of this section and settlement of its 

8 claim; and 

9 (ii) any other damages and costs to be 

10 incurred by the municipality, if the Special 

11 Master determines that it is necessary to 

12 carry out the purpose of this section. 

13 (I) POWER SOURCE.—The Special Master 

14 shall determine the best source of producing 

15 independent power on the island of Vieques that 

16 is hurricane resilient and can effectively sustain 

17 the needs of the island and shall authorize such 

18 construction as an award to the Municipality of 

19 Vieques. 

20 (2) SOURCE.— 

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

22 subparagraph (B), amounts awarded under this 

23 Act shall be made from amounts appropriated 

24 under section 1304 of title 31, United States 

25 Code, commonly known as the ‘‘Judgment 


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

2 United States District Court under section 

3 1346(b) of title 28, United States Code. 

4 (B) LIMITATION.—Total amounts awarded 

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

6 (3) DETERMINATION AND PAYMENT OF

7 CLAIMS.— 

8 (A) ESTABLISHMENT OF FILING PROCE9 DURES.—The Attorney General shall establish 

10 procedures whereby individuals and the munici11 pality may submit claims for payments under 

12 this section to the Special Master. 

13 (B) DETERMINATION OF CLAIMS.—The 

14 Special Master shall, in accordance with this 

15 subsection, determine whether each claim meets 

16 the requirements of this section. Claims filed by 

17 residents of the island of Vieques that have 

18 been disposed of by a court under chapter 171 

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

20 as if such claims are currently filed. 

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

22 make a determination on any claim filed under the proce23 dures established under this section not later than 150 

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


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1 (f) PAYMENT IN FULL SETTLEMENT OF CLAIMS BY

2 INDIVIDUALS AND THE MUNICIPALITY OF VIEQUES

3 AGAINST THE UNITED STATES.—The acceptance by an 

4 individual or the Municipality of Vieques of a payment of 

5 an award under this section shall— 

6 (1) be final and conclusive; 

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

8 claims under chapter 171 of title 28, United States 

9 Code; and 

10 (3) constitute a complete release by the indi11 vidual or municipality of such claim against the 

12 United States and against any employee of the 

13 United States acting in the scope of employment 

14 who is involved in the matter giving rise to the 

15 claim. 

16 (g) CERTIFICATION OF TREATMENT OF PAYMENTS

17 UNDER OTHER LAWS.—Amounts paid to an individual 

18 under this section— 

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

20 the United States as damages for human suffering; 

21 and 

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

23 for purposes of determining eligibility to receive ben24 efits described in section 3803(c)(2)(C) of title 31, 

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


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

2 section applies shall be barred unless the claim is filed 

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

4 Act. 

Æ 


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