119-s1656

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1656 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1656

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

 May 7, 2025

 Mr. Wicker (for himself and Mrs. Gillibrand) 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.

 Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. FINDINGS.

 The Congress finds the following:

    (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 facility, the Susana Centeno 
 Family Health Center, and residents had to travel off-island to 
 obtain medical services, including most types of emergency care 
 because 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 frequently 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, dropping 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 activity in Vieques, island residents have suffered 
 from the health impacts from long-term exposure to 
 environmental 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 devastated Puerto Rico and 
 intensified the existing humanitarian crisis on the island by 
 destroying existing medical facilities.

    (8) The medical systems in place prior to Hurricane 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 perform 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 
 lifesaving medical services to its residents. Due to legal 
 restrictions, the Federal Emergency Management Agency (in this 
 Act referred to as ``FEMA'') is unable to provide a hospital 
 where its capabilities exceed 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 residents.

    (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 same respect and appreciation that other 
 Americans enjoy.

    (11) In 2012, the residents of Vieques were denied the 
 ability to address their needs in Court due to sovereign 
 immunity, Sanchez 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 
 address 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 ISLAND OF VIEQUES, PUERTO RICO.

    (a) In General.--An individual claimant who has resided on the 
island of Vieques, Puerto Rico, for not less than 5 years before the 
date of enactment of this Act and files a claim for compensation under 
this section with the Special Master, appointed pursuant to subsection
            (c) , shall be awarded monetary compensation as described in subsection

    (b) if--

    (1) the Special Master determines that the claimant is or 
 was 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 States 
 Government used the island of Vieques, Puerto 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 that it is more likely 
 than not the claimant contracted a chronic, life-threatening, 
 or physical disease or illness limited to cancer, hypertension, 
 cirrhosis, kidney disease, diabetes, or a heavy metal poisoning 
 as a result 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 subsection

    (a)

    (3) .
        (B) $80,000 for 2 diseases described in subsection

    (a)

    (3) .
            (C) $110,000 for 3 or more diseases described 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 Special 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 one of the 
 following awards:
        (A) Compensation in accordance with paragraph

    (1) , 
 divided among any such heir.
        (B) Compensation based on the age of the deceased 
 if the claimant shows that it is more likely than not 
 that the United States Military activity caused the 
 death of the individual 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 consider 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 processing 
 of victims' claims in relation to foreign or domestic 
 governments.
        (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 following as 
 compensation to the Municipality of Vieques:
        (A) Staff.--The Special Master shall provide 
 medical staff, and other resources necessary 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 basic x-ray, EKG, internal medicine 
 expertise, medical coordination personnel and case 
 managers, ultrasound, and resources necessary to screen 
 claimants described in subsection

    (a) who are receiving 
 treatment for the diseases or illnesses described in 
 paragraph

    (3) of that subsection for cancer and the 
 other prevailing 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, allowing the patients to be referred 
 for tertiary and quaternary health care facilities when 
 necessary, and providing the transportation and medical 
 costs when traveling off the island of Vieques.
            (C) Interim services.--Before the medical facility 
 on the island of Vieques is operational, the Special 
 Master shall provide to claimants described in 
 subsection

    (a) who are receiving treatment for the 
 diseases or illnesses described in paragraph

    (3) of 
 that subsection--
            (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 abilities; 
 and
            (iv) any other services that are necessary 
 to alleviate the health crisis on the island of 
 Vieques.
            (D) 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.
        (E) Academic partner.--The Special Master shall 
 appoint an academic partner, with appropriate 
 experience and an established relationship with the 
 Municipality of Vieques, that shall--
            (i) lead a research and outreach endeavor 
 on behalf of the Municipality of Vieques;
            (ii) select the appropriate scientific 
 expertise 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 sufficient to 
 return the soils, seas, food sources, and 
 health circumstances to a level that reduces 
 the diseases on the island of Vieques to the 
 average in the United States.
        (F) 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) .
        (G) Procurement.--The Special Master shall provide 
 amounts necessary to compensate the Municipality of 
 Vieques for--
            (i) contractual procurement obligations and 
 additional expenses incurred by the 
 municipality as a result of the enactment 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.
        (H) 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.--
        (A) In general.--Except as provided in subparagraph
        (B) , amounts awarded under this Act shall be made from 
 amounts appropriated under 

section 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.
        (B) Limitation.--Total amounts awarded under this 
 Act shall not exceed $1,000,000,000.

    (3) Determination and payment of claims.--
        (A) Establishment of filing procedures.--The 
 Attorney General shall establish procedures whereby 
 individuals and the municipality 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 procedures 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;

    (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 individual 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 benefits described in 
 

section 3803
            (c) (2)
            (C) of title 31, United States Code, or the 
 amount of such benefits.

    (h) Limitation on Claims.--A claim to which this section applies 
shall be barred unless the claim is filed within 15 years after the 
date of the enactment of this Act.
            (i) Attorney's Fees.--Notwithstanding any contract, a 
representative of an individual may not receive, for services rendered 
in connection with a claim of the individual under this Act, more than 
20 percent of a payment made under this Act.
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