I 
118TH CONGRESS 
1ST SESSION 
H. R. 379 
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 
JANUARY 17, 2023 
Mrs. 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Vieques Recovery and 
Redevelopment Act of 2023’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Vieques is an island municipality of Puerto 
Rico, measuring approximately 21 miles long by 4 
miles wide, and located approximately 8 miles east 
of the main island of Puerto Rico. 
(2) Prior to Hurricane Maria, residents of 
Vieques were served by an urgent medical care facil-
ity, the Susana Centeno Family Health Center, and 
residents had to travel off-island to obtain medical 
services, including most types of emergency care be-
cause the facility did not have the basic use of x-ray 
machines, 
CT 
machines, 
EKG 
machines, 
ultrasounds, or PET scans. 
(3) The predominant means of transporting 
passengers and goods between Vieques and the main 
island of Puerto Rico is by ferry boat service, and 
over the years, the efficiency of this service has fre-
quently been disrupted, unreliable, and difficult for 
cancer patients to endure to receive treatment. Each 
trip to Ceiba, Puerto Rico, for the cancer patient is 
an additional out-of-pocket expense ranging from 
$120 to $200. 
(4) The United States Military maintained a 
presence on the eastern and western portions of 
Vieques for close to 60 years, and used parts of the 
island as a training range during those years, drop-
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ping over 80 million tons of ordnance and other 
weaponry available to the United States military 
since World War II. 
(5) The unintended, unknown, and unavoidable 
consequences of these exercises were to expose 
Americans living on the islands to the residue of 
that weaponry which includes heavy metals and 
many other chemicals now known to harm human 
health. 
(6) According to Government and independent 
documentation, the island of Vieques has high levels 
of heavy metals and has been exposed to chemical 
weapons and toxic chemicals. Since the military ac-
tivity in Vieques, island residents have suffered from 
the health impacts from long-term exposure to envi-
ronmental contamination as a result of 62 years of 
military operations, and have experienced higher 
rates of certain diseases among residents, including 
cancer, cirrhosis, hypertension, diabetes, heavy metal 
diseases, 
along 
with 
many 
unnamed 
and 
uncategorized illnesses. These toxic residues have 
caused the American residents of Vieques to develop 
illnesses due to ongoing exposure. 
(7) In 2017, Vieques was hit by Hurricane 
Maria, an unusually destructive storm that dev-
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astated Puerto Rico and intensified the existing hu-
manitarian crisis on the island by destroying existing 
medical facilities. 
(8) The medical systems in place prior to Hur-
ricane Maria were unable to properly handle the 
health crisis that existed due to the toxic residue left 
on the island by the military’s activities. 
(9) After Maria, the medical facility was closed 
due to damage and continues to be unable to per-
form even the few basic services that it did provide. 
Vieques needs a medical facility that can treat and 
address the critical and urgent need to get life-sav-
ing medical services to its residents. Due to legal re-
strictions, the Federal Emergency Management 
Agency (in this Act referred to as ‘‘FEMA’’) is un-
able to provide a hospital where its capabilities ex-
ceed the abilities of the facility that existed prior to 
Maria; therefore Vieques needs assistance to build a 
facility to manage the vast health needs of its resi-
dents. 
(10) Every American has benefitted from the 
sacrifices of those Americans who have lived and are 
living on Vieques and it is our intent to acknowledge 
that sacrifice and to treat those Americans with the 
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same respect and appreciation that other Americans 
enjoy. 
(11) In 2012, the residents of Vieques were de-
nied the ability to address their needs in Court due 
to sovereign immunity, Sa´nchez v. United States, 
No. 3:09–cv–01260–DRD (D.P.R.). However, the 
United States Court of Appeals for the First Circuit 
referred the issue to Congress and urged it to ad-
dress the humanitarian crisis. This bill attempts to 
satisfy that request such that Americans living on 
Vieques have a remedy for the suffering they have 
endured. 
SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED 
STATES FOR CERTAIN RESIDENTS OF THE IS-
LAND OF VIEQUES, PUERTO RICO. 
(a) IN GENERAL.—An individual claimant who files 
a claim for compensation under this section with the Spe-
cial Master, appointed pursuant to subsection (c), shall be 
awarded monetary compensation as described in sub-
section (b) if— 
(1) the Special Master determines that the 
claimant is or was a resident, the child of a resident, 
or an immediate heir (as determined by the laws of 
Puerto Rico) of a deceased claimant on the island of 
Vieques, Puerto Rico, during or after the United 
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States Government used the island of Vieques, Puer-
to Rico, for military readiness; 
(2) the claimant previously filed a lawsuit or an 
administrative claim, or files a claim not later than 
120 days after the date of the enactment of this Act 
against the United States Government for personal 
injury, including illness or death arising from use by 
the United States Government of the island of 
Vieques for military readiness; and 
(3) the claimant submits to the Special Master 
written medical documentation that indicates the 
claimant contracted a chronic, life threatening, or 
physical or mental disease or illness, including can-
cer, hypertension, cirrhosis, kidney disease, diabetes, 
or a heavy metal poisoning during or after the 
United States Government used the island of 
Vieques, Puerto Rico, for military readiness. 
(b) AMOUNTS OF AWARD.— 
(1) IN GENERAL.—A claimant who meets the 
requirements of subsection (a) shall be awarded 
compensation as follows: 
(A) $50,000 for 1 disease described in sub-
section (a)(3). 
(B) $80,000 for 2 diseases described in 
subsection (a)(3). 
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(C) $110,000 for 3 or more diseases de-
scribed in subsection (a)(3). 
(2) INCREASE IN AWARD.—In the case that an 
individual receiving an award under paragraph (1) 
of this subsection contracts another disease under 
subsection (a)(3) and files a new claim with the Spe-
cial Master for an additional award not later than 
10 years after the date of the enactment of this Act, 
the Special Master may award the individual an 
amount that is equal to the difference between— 
(A) the amount that the individual would 
have been eligible to receive had the disease 
been contracted before the individual filed an 
initial claim under subsection (a); and 
(B) the amount received by the individual 
pursuant to paragraph (1). 
(3) DECEASED CLAIMANTS.—In the case of an 
individual who dies before making a claim under this 
section or a claimant who dies before receiving an 
award under this section, any immediate heir to the 
individual or claimant, as determined by the laws of 
Puerto Rico, shall be eligible for 1 of the following 
awards: 
(A) Compensation in accordance with 
paragraph (1), divided among any such heir. 
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(B) Compensation based on the age of the 
deceased as follows: 
(i) In the case of an individual or 
claimant who dies before attaining 20 
years of age, $110,000, divided among any 
such heir. 
(ii) In the case of an individual or 
claimant who dies before attaining 40 
years of age, $80,000, divided among any 
such heir. 
(iii) In the case of an individual or 
claimant who dies before attaining 60 
years of age, $50,000, divided among any 
such heir. 
(c) APPOINTMENT OF SPECIAL MASTER.— 
(1) IN GENERAL.—The Attorney General shall 
appoint a Special Master not later than 90 days 
after the date of the enactment of this Act to con-
sider claims by individuals and the Municipality. 
(2) QUALIFICATIONS.—The Attorney General 
shall consider the following in choosing the Special 
Master: 
(A) The individual’s experience in the proc-
essing of victims’ claims in relation to foreign 
or domestic governments. 
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(B) The individual’s balance of experience 
in representing the interests of the United 
States and individual claimants. 
(C) The individual’s experience in matters 
of national security. 
(D) The individual’s demonstrated abilities 
in investigation and fact findings in complex 
factual matters. 
(E) Any experience the individual has had 
advising the United States Government. 
(d) AWARD AMOUNTS RELATED TO CLAIMS BY THE 
MUNICIPALITY OF VIEQUES.— 
(1) AWARD.—The Special Master, in exchange 
for its administrative claims, shall provide the fol-
lowing as compensation to the Municipality of 
Vieques: 
(A) STAFF.—The Special Master shall pro-
vide medical staff, and other resources nec-
essary to build and operate a level three trauma 
center (in this section, referred to as ‘‘medical 
facility’’) with a cancer center and renal dialysis 
unit and its equipment. The medical facility 
shall be able to treat life threatening, chronic, 
heavy metal, and physical and mental diseases. 
The medical facility shall be able to provide 
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basic x-ray, EKG, internal medicine expertise, 
medical coordination personnel and case man-
agers, ultrasound, and resources necessary to 
screen residents for cancer and the other pre-
vailing health problems. 
(B) OPERATIONS.—The Special Master 
shall fund the operations of the medical facility 
to provide medical care for pediatric and adult 
patients who reside on the island of Vieques, al-
lowing the patients to be referred for tertiary 
and quaternary health care facilities when nec-
essary, and providing the transportation and 
medical costs when traveling off the island of 
Vieques, until such time as medical testing es-
tablishes that the disease levels are reduced to 
the average in the United States. 
(C) ADMINISTRATIVE
EXPERTISE.—The 
Special Master shall ensure that the Adminis-
trator of FEMA provides all administrative and 
technical expertise and oversight in the bidding 
and construction of the facility but the design 
and abilities of the hospital shall be determined 
by the Special Master considering the medical 
and research needs of the residents of the is-
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land of Vieques. All costs shall be part of the 
municipality’s compensation. 
(D) INTERIM SERVICES.—Before the med-
ical facility on the island of Vieques is oper-
ational, the Special Master shall provide— 
(i) urgent health care air transport to 
hospitals on the mainland of Puerto Rico 
from the island of Vieques; 
(ii) medical coordination personnel 
and case managers; 
(iii) telemedicine communication abili-
ties; and 
(iv) any other services that are nec-
essary to alleviate the health crisis on the 
island of Vieques. 
(E) SCREENING.—The Special Master 
shall make available, at no cost to the patient, 
medical screening for cancer, cirrhosis, diabetes, 
and heavy metal contamination on the island of 
Vieques. 
(F) ACADEMIC
PARTNER.—The Special 
Master shall appoint an academic partner, with 
appropriate experience and an established rela-
tionship with the Municipality of Vieques 
shall— 
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(i) lead a research and outreach en-
deavor on behalf of the Municipality of 
Vieques; 
(ii) select the appropriate scientific ex-
pertise and administer defined studies, 
conducting testing and evaluation of the 
soils, seas, plant and animal food sources, 
and the health of residents; and 
(iii) determine and implement the 
most efficient and effective way to reduce 
the environmental toxins to a level suffi-
cient to return the soils, seas, food sources, 
and health circumstances to a level that re-
duces the diseases on the island of Vieques 
to the average in the United States. 
(G) DUTIES.—The Special Master shall 
provide amounts necessary for the academic 
partner and medical coordinator to carry out 
the duties described in subparagraphs (A) 
through (D). 
(H) PROCUREMENT.—The Special Master 
shall provide amounts necessary to compensate 
the Municipality of Vieques for— 
(i) contractual procurement obliga-
tions and additional expenses incurred by 
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the Municipality as a result of the enact-
ment of this section and settlement of its 
claim; and 
(ii) any other damages and costs to be 
incurred by the Municipality, if the Special 
Master determines that it is necessary to 
carry out the purpose of this section. 
(I) 
CONSULTING
FIRMS.—The 
Special 
Master shall provide amounts necessary for the 
Special Master to contract with consulting 
firms for technical advice on any aspect of the 
Special Master’s duties. 
(J) POWER SOURCE.—The Special Master 
shall determine the best source of producing 
independent power on the island of Vieques that 
is hurricane resilient and can effectively sustain 
the needs of the island and shall authorize such 
construction as an award to the Municipality of 
Vieques. 
(2) SOURCE.—Amounts awarded under this Act 
shall be made from amounts appropriated under sec-
tion 1304 of title 31, United States Code, commonly 
known as the ‘‘Judgment Fund’’, as if claims were 
adjudicated by a United States District Court under 
section 1346(b) of title 28, United States Code. 
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(3) 
DETERMINATION
AND
PAYMENT
OF 
CLAIMS.— 
(A) ESTABLISHMENT
OF
FILING
PROCE-
DURES.—The Attorney General shall establish 
procedures whereby individuals and the Munici-
pality may submit claims for payments under 
this section to the Special Master. 
(B) DETERMINATION
OF
CLAIMS.—The 
Special Master shall, in accordance with this 
subsection, determine whether each claim meets 
the requirements of this section. Claims filed by 
residents of the island of Vieques that have 
been disposed of by a court under chapter 171 
of title 28, United States Code, shall be treated 
as if such claims are currently filed. 
(e) ACTION ON CLAIMS.—The Special Master shall 
make a determination on any claim filed under the proce-
dures established under this section not later than 150 
days after the date on which the claim is filed. 
(f) PAYMENT IN FULL SETTLEMENT OF CLAIMS BY 
INDIVIDUALS
AND
THE
MUNICIPALITY
OF
VIEQUES 
AGAINST THE UNITED STATES.—The acceptance by an 
individual or the Municipality of Vieques of a payment of 
an award under this section shall— 
(1) be final and conclusive; 
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(2) be deemed to be in full satisfaction of all 
claims under chapter 171 of title 28, United States 
Code; and 
(3) constitute a complete release by the indi-
vidual or Municipality of such claim against the 
United States and against any employee of the 
United States acting in the scope of employment 
who is involved in the matter giving rise to the 
claim. 
(g) CERTIFICATION OF TREATMENT OF PAYMENTS 
UNDER OTHER LAWS.—Amounts paid to an individual 
under this section— 
(1) shall be treated for purposes of the laws of 
the United States as damages for human suffering; 
and 
(2) may not be included as income or resources 
for purposes of determining eligibility to receive ben-
efits described in section 3803(c)(2)(C) of title 31, 
United States Code, or the amount of such benefits. 
Æ 
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