Summary#
This bill would set up a claims program for people who lived on the island of Vieques, Puerto Rico, and for the island municipality. It appoints a Special Master to review and decide claims. Eligible residents who show medical evidence that it is more likely than not they contracted one of a listed set of diseases tied to military use of Vieques can receive a fixed cash award. The Municipality of Vieques can receive a package of medical and recovery services, including funding and staff to build and run a level three trauma center with a cancer center and dialysis unit, interim patient transport and telemedicine, free screening for certain illnesses, an academic research partner, help with procurement costs, and hurricane-resilient power options. Awards to individuals are paid from the Judgment Fund and total awards under the Act may not exceed $1,000,000,000.
What it means for you#
- If you lived on Vieques for at least 5 years before the law is enacted and you already filed, or file within required time windows, you may be eligible to file a claim.
- You must have filed a lawsuit or administrative claim before, or file a claim within 120 days after enactment, and submit medical records showing it is more likely than not you have one of these conditions: cancer, hypertension, cirrhosis, kidney disease, diabetes, or heavy metal poisoning.
- If you meet the rules, the payment is a fixed amount depending on how many of those diseases you have. If you die before payment, heirs may receive an award.
- The Attorney General must appoint the Special Master within 90 days. The Special Master must decide on each claim within 150 days after it is filed.
- If you accept a payment, it is final and releases further related claims against the United States.
- A claimant’s representative may not receive more than 20% of a payment as fees.
Expenses#
- Individual awards: $50,000 for one covered disease; $80,000 for two; $110,000 for three or more.
- If a claimant later develops another covered disease and files within 10 years, the Special Master may award the difference up to the higher bracket.
- Special rules for deceased persons allow heirs to receive either the standard award divided among heirs or an age-based award if death was likely caused by military activity (up to $110,000 for those who died before 20, $80,000 for those who died before 40, $50,000 for those who died before 60).
- Payments to the Municipality are in the form of services, facility construction, operations support, screenings, an academic partner, procurement compensation, and a power source.
- Awards are to be paid from the Judgment Fund. Total amounts awarded under the Act may not exceed $1,000,000,000.
- No other cost estimates or fiscal projections are in the bill text.
Proponents' View#
- The bill says long-term U.S. military use of parts of Vieques exposed residents to heavy metals and toxic chemicals and led to higher rates of serious illnesses.
- It states Hurricane Maria damaged local medical facilities and FEMA could not build a facility beyond what existed before the storm, leaving the island without needed medical care.
- Supporters in the bill argue residents sacrificed while the military trained on the island and that Congress was asked by a court to provide a remedy. The bill frames compensation and medical services as a way to acknowledge that sacrifice and address a humanitarian and health crisis.
Opponents' View#
No publicly available information.