,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dcih  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #c1    
#bjbj,mr4 ,menendez 7for himself and    
,mr4 ,wicker7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to provide compensation to     
certain residents of the island of      
,vieques1 ,puerto ,rico1 for the use of 
such island for military readiness1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,vieques 
,recovery and ,redevelopment ,act of    
#bjbj4  #b4 ,findings ,the ,congress    
finds the following3 7#a7 ,vieques is an
 island municipality of ,puerto ,rico1  
measuring approximately #ba miles long  
by #d miles wide1 and located           
approximately #h miles east of the main 
island of ,puerto ,rico4  7#b7 ,prior to
 ,hurricane ,maria1 residents of        
,vieques were served by an urgent       
medical care facility1 the ,susana      
,centeno ,family ,health ,center1 and   

residents had to travel off-island to   
obtain medical services1 including most 
types of emergency care because the     
facility did not have the basic use of  
x-ray machines1 ,,ct machines1 ,,ekg    
machines1 ultrasounds1 or ,,pet scans4  
7#c7 ,the predominant means of          
transporting passengers and goods       
between ,vieques and the main island of 
,puerto ,rico is by ferry boat service1 
and over the years1 the efficiency of   
this service has frequently been        
disrupted1 unreliable1 and difficult for
 cancer patients to endure to receive   
treatment4 ,each trip to ,ceiba1 ,puerto
 ,rico1 for the cancer patient is an    
additional out-of-pocket expense ranging
 from #abj to #bjj4  7#d7 ,the ,united  
,states ,military maintained a presence 
on the eastern and western portions of  
,vieques for close to #fj years1 and    
used parts of the island as a training  
range during those years1 dropping over 
#hj million tons of ordnance and other  
weaponry available to the ,united       

,states military since ,world ,war ,,ii4
  7#e7 ,the unintended1 unknown1 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 health4  7#f7       
,according to ,government and           
independent documentation1 the island of
 ,vieques has high levels of heavy      
metals and has been exposed to chemical 
weapons and toxic chemicals4 ,since the 
military activity in ,vieques1 island   
residents have suffered from the health 
impacts from long-term exposure to      
environmental contamination as a result 
of #fb years of military operations1 and
 have experienced higher rates of       
certain diseases among residents1       
including cancer1 cirrhosis1            
hypertension1 diabetes1 heavy metal     
diseases1 along with many unnamed and   
uncategorized illnesses4 ,these toxic   
residues have caused the ,american      

residents of ,vieques to develop        
illnesses due to ongoing exposure4  7#g7
 ,in #bjag1 ,vieques was hit by         
,hurricane ,maria1 an unusually         
destructive storm that devastated       
,puerto ,rico and intensified the       
existing humanitarian crisis on the     
island by destroying existing medical   
facilities4  7#h7 ,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 activities4  7#i7 ,after     
,maria1 the medical facility was closed 
due to damage and continues to be unable
 to perform even the few basic services 
that it did provide4 ,vieques needs a   
medical facility that can treat and     
address the critical and urgent need to 
get life-saving medical services to its 
residents4 ,due to legal restrictions1  
the ,federal ,emergency ,management     
,agency 7in this ,act referred to as    
,,fema7 is unable to provide a hospital 

where its capabilities exceed the       
abilities of the facility that existed  
prior to ,maria2 therefore ,vieques     
needs assistance to build a facility to 
manage the vast health needs of its     
residents4  7#aj7 ,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  
enjoy4  7#aa7 ,in #bjab1 the residents  
of ,vieques were denied the ability to  
address their needs in ,court due to    
sovereign immunity1 ,snchez v4 ,united  
,states1 ,no4 #c3ji-;cv-#jabfj-;,,drd   
7,d4,p4,r474 ,however1 the ,united      
,states ,court of ,appeals for the      
,first ,circuit referred the issue to   
,congress and urged it to address the   
humanitarian crisis4 ,this bill attempts
 to satisfy that request such that      
,americans living on ,vieques have a    
remedy for the suffering they have      

endured4  #c4 ,settlement of claims     
against the ,united ,states for certain 
residents of the island of ,vieques1    
,puerto ,rico  7a7 ,in general ,an      
individual claimant who files a claim   
for compensation under this section with
 the ,special ,master1 appointed        
pursuant to subsection 7c71 shall be    
awarded monetary compensation as        
described in subsection 7b7 if-- 7#a7   
the ,special ,master determines that the
 claimant is or was a resident1 the     
child of a resident1 or an immediate    
heir 7as determined by the laws of      
,puerto ,rico7 of a deceased claimant on
 the island of ,vieques1 ,puerto ,rico1 
during or after the ,united ,states     
,government used the island of ,vieques1
 ,puerto ,rico1 for military readiness2 
7#b7 the claimant previously filed a    
lawsuit or an administrative claim1 or  
files a claim not later than #abj days  
after the date of the enactment of this 
,act against the ,united ,states        
,government for personal injury1        

including illness or death arising from 
use by the ,united ,states ,government  
of the island of ,vieques for military  
readiness2 and  7#c7 the claimant       
submits to the ,special ,master written 
medical documentation that indicates the
 claimant contracted a chronic1 life    
threatening1 or physical or mental      
disease or illness1 including cancer1   
hypertension1 cirrhosis1 kidney disease1
 diabetes1 or a heavy metal poisoning   
during or after the ,united ,states     
,government used the island of ,vieques1
 ,puerto ,rico1 for military readiness4 
7b7 ,amounts of award  7#a7 ,in general 
,a claimant who meets the requirements  
of subsection 7a7 shall be awarded      
compensation as follows3 7,a7 #aj1jjj   
for exposure in the case of a claimant  
who provides proof-- 7i7 of a previously
 filed lawsuit or administrative claim  
and not less than #e years of residency 
on the island of ,vieques1 ,puerto      
,rico2 or  7ii7 that the claimant is the
 child of a parent who resided in       

,vieques1 ,puerto ,rico1 for not less   
than #e years4  7,b7 #ej1jjj for #a     
disease described in subsection 7a77#c74
  7,c7 #hj1jjj for #b diseases described
 in subsection 7a77#c74  7,d7 #aaj1jjj  
for #c or more diseases described in    
subsection 7a77#c74  7#b7 ,increase in  
award ,in the case that an individual   
receiving an award under paragraph 7#a7 
of this subsection contracts another    
disease under subsection 7a77#c7 and    
files a new claim with the ,special     
,master for an additional award not     
later than #aj years after the date of  
the enactment of this ,act1 the ,special
 ,master may award the individual an    
amount that is equal to the difference  
between-- 7,a7 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 7a72 and  7,b7   
the amount received by the individual   
pursuant to paragraph 7#a74  7#c7       
,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 section1 any immediate heir to the
 individual or claimant1 as determined  
by the laws of ,puerto ,rico1 shall be  
eligible for one of the following       
awards3 7,a7 ,compensation in accordance
 with paragraph 7#a71 divided among any 
such heir4  7,b7 ,compensation based on 
the age of the deceased as follows3 7i7 
,in the case of an individual or        
claimant who dies before attaining #bj  
years of age1 #aaj1jjj1 divided among   
any such heir4  7ii7 ,in the case of an 
individual or claimant who dies before  
attaining #dj years of age1 #hj1jjj1    
divided among any such heir4  7iii7 ,in 
the case of an individual or claimant   
who dies before attaining #fj years of  
age1 #ej1jjj1 divided among any such    
heir4  7c7 ,appointment of special      
master  7#a7 ,in general ,the ,attorney 
,general shall appoint a ,special       
,master not later than #ij days after   

the date of the enactment of this ,act  
to consider claims by individuals and   
the municipality4  7#b7 ,qualifications 
,the ,attorney ,general shall consider  
the following in choosing the ,special  
,master3 7,a7 ,the individual's         
experience in the processing of victims'
 claims in relation to foreign or       
domestic governments4  7,b7 ,the        
individual's balance of experience in   
representing the interests of the       
,united ,states and individual          
claimants4  7,c7 ,the individual's      
experience in matters of national       
security4  7,d7 ,the individual's       
demonstrated abilities in investigation 
and fact findings in complex factual    
matters4  7,e7 ,any experience the      
individual has had advising the ,united 
,states ,government4  7d7 ,award amounts
 related to claims by the ,municipality 
of ,vieques  7#a7 ,award ,the ,special  
,master1 in exchange for its            
administrative claims1 shall provide the
 following as compensation to the       

,municipality of ,vieques3 7,a7 ,staff  
,the ,special ,master shall provide     
medical staff1 and other resources      
necessary to build and operate a level  
three trauma center 7in this section1   
referred to as medical facility7 with a 
cancer center and renal dialysis unit   
and its equipment4 ,the medical facility
 shall be able to treat life            
threatening1 chronic1 heavy metal1 and  
physical and mental diseases4 ,the      
medical facility shall be able to       
provide basic x-ray1 ,,ekg1 internal    
medicine expertise1 medical coordination
 personnel and case managers1           
ultrasound1 and resources necessary to  
screen residents for cancer and the     
other prevailing health problems4  7,b7 
,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 ,vieques1 allowing the 
patients to be referred for tertiary and
 quaternary health care facilities when 

necessary1 and providing the            
transportation and medical costs when   
traveling off the island of ,vieques1   
until such time as medical testing      
establishes that the disease levels are 
reduced to the average in the ,united   
,states4  7,c7 ,administrative expertise
 ,the ,special ,master shall ensure that
 the ,administrator 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  
island of ,vieques4 ,all costs shall be 
part of the municipality's compensation4
  7,d7 ,interim services ,before the    
medical facility on the island of       
,vieques is operational1 the ,special   
,master shall provide-- 7i7 urgent      
health care air transport to hospitals  
on the mainland of ,puerto ,rico from   
the island of ,vieques2  7ii7 medical   

coordination personnel and case         
managers2  7iii7 telemedicine           
communication abilities2 and  7iv7 any  
other services that are necessary to    
alleviate the health crisis on the      
island of ,vieques4  7,e7 ,screening    
,the ,special ,master shall make        
available1 at no cost to the patient1   
medical screening for cancer1 cirrhosis1
 diabetes1 and heavy metal contamination
 on the island of ,vieques4  7,f7       
,academic partner ,the ,special ,master 
shall appoint an academic partner1 with 
appropriate experience and an           
established relationship with the       
,municipality of ,vieques1 that shall-- 
7i7 lead a research and outreach        
endeavor on behalf of the ,municipality 
of ,vieques2  7ii7 select the           
appropriate scientific expertise and    
administer defined studies1 conducting  
testing and evaluation of the soils1    
seas1 plant and animal food sources1 and
 the health of residents2 and  7iii7    
determine and implement the most        

efficient and effective way to reduce   
the environmental toxins to a level     
sufficient to return the soils1 seas1   
food sources1 and health circumstances  
to a level that reduces the diseases on 
the island of ,vieques to the average in
 the ,united ,states4  7,g7             
,compensation ,the ,special ,master     
shall compensate the ,municipality of   
,vieques for research conducted on      
behalf of the municipality1 before the  
date of the enactment of this ,act1 by  
universities1 colleges1 scientists1 and 
doctors who have tested and evaluated   
the prevalence of toxic substances in   
the soil1 food sources1 and human       
populations4  7,h7 ,duties ,the ,special
 ,master shall provide amounts necessary
 for the academic partner and medical   
coordinator to carry out the duties     
described in subparagraphs 7,a7 through 
7,d74  7,i7 ,procurement ,the ,special  
,master shall provide amounts necessary 
to compensate the ,municipality of      
,vieques for-- 7i7 contractual          

procurement obligations and additional  
expenses incurred by the municipality as
 a result of the enactment of this      
section and settlement of its claim2 and
  7ii7 any other damages and costs to be
 incurred by the municipality1 if the   
,special ,master determines that it is  
necessary to carry out the purpose of   
this section4  7,j7 ,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 duties4  7,k7
 ,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 ,vieques4  7#b7 
,source ,amounts awarded under this ,act
 shall be made from amounts appropriated
 under section #acjd of title #ca1      

,united ,states ,code1 commonly known as
 the ,judgment ,fund1 as if claims were 
adjudicated by a ,united ,states        
,district ,court under section #acdf7;b7
 of title #bh1 ,united ,states ,code4   
7#c7 ,determination and payment of      
claims  7,a7 ,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 ,master4  7,b7  
,determination of claims ,the ,special  
,master shall1 in accordance with this  
subsection1 determine whether each claim
 meets the requirements of this section4
 ,claims filed by residents of the      
island of ,vieques that have been       
disposed of by a court under chapter    
#aga of title #bh1 ,united ,states      
,code1 shall be treated as if such      
claims are currently filed4  7e7 ,action
 on claims ,the ,special ,master shall  
make a determination on any claim filed 
under the procedures established under  

this section not later than #aej days   
after the date on which the claim is    
filed4  7f7 ,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-- 7#a7 be final and  
conclusive2  7#b7 be deemed to be in    
full satisfaction of all claims under   
chapter #aga of title #bh1 ,united      
,states ,code2 and  7#c7 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 claim4    
7g7 ,certification of treatment of      
payments under other laws ,amounts paid 
to an individual under this section--   
7#a7 shall be treated for purposes of   
the laws of the ,united ,states as      
damages for human suffering2 and  7#b7  

may not be included as income or        
resources for purposes of determining   
eligibility to receive benefits         
described in section #chjc7;c77#b77;,c7 
of title #ca1 ,united ,states ,code1 or 
the amount of such benefits4