[Senate Report 111-268]
[From the U.S. Government Publishing Office]
Calendar No. 538
111th Congress
SENATE
2d Session Report No. 111-268
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REPUBLIC OF THE MARSHALL ISLANDS SUPPLEMENTAL NUCLEAR COMPENSATION ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2941]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2941) to provide supplemental ex gratia
compensation to the Republic of the Marshall Islands for
impacts of the nuclear testing program of the United States,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Republic of the Marshall Islands
Supplemental Nuclear Compensation Act of 2010''.
SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.
Section 103(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921b(f)(1)) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(B) Continued monitoring on runit island.--
``(i) Cactus crater containment and
groundwater monitoring.--Effective beginning
January 1, 2008, the Secretary of Energy shall,
as a part of the Marshall Islands program
conducted under subparagraph (A), periodically
(but not less frequently than every 4 years)
conduct--
``(I) a visual study of the concrete
exterior of the Cactus Crater
containment structure on Runit Island;
and
``(II) a radiochemical analysis of
the groundwater surrounding and in the
Cactus Crater containment structure on
Runit Island.
``(ii) Report.--The Secretary shall submit to
the Committee on Energy and Natural Resources
of the Senate, and the Committee on Natural
Resources of the House of Representatives, a
report that contains--
``(I) a description of--
``(aa) the results of each
visual survey conducted under
clause (i)(I); and
``(bb) the results of the
radiochemical analysis
conducted under clause (i)(II);
and
``(II) a determination on whether the
surveys and analyses indicate any
significant change in the health risks
to the people of Enewetak from the
contaminants within the Cactus Crater
containment structure.
``(iii) Funding for groundwater monitoring.--
The Secretary of the Interior shall make
available to the Department of Energy, Marshall
Islands Program, from funds available for the
Technical Assistance Program of the Office of
Insular Affairs, the amounts necessary to
conduct the radiochemical analysis of
groundwater under clause(i)(II).''.
SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF
2000.
(a) Definitions for Program Administration.--Section 3621 of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l) is amended by adding at the end the following:
``(18) The terms `covered employee', `atomic weapons
employee', and `Department of Energy contractor employee' (as
defined in paragraphs (1), (3), and (11), respectively) include
a citizen or national of the Republic of the Marshall Islands
or the Federated States of Micronesia who is otherwise covered
by that paragraph.''.
(b) Definition of Covered DOE Contractor Employee.--Section 3671(1)
of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period
at the end the following: ``, including a citizen or national of the
Republic of the Marshall Islands or the Federated States of Micronesia
who is otherwise covered by this paragraph''.
(c) Offset of Benefits With Respect to the Compact of Free
Association.--Subtitle C of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by
inserting after section 3653 (42 U.S.C. 7385j-2) the following:
``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE
ASSOCIATION.
``An individual who has been awarded compensation under this title,
and who has also received compensation benefits under the Compact of
Free Association between the United States and the Republic of the
Marshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section
as the `Compact of Free Association'), by reason of the same illness,
shall receive the compensation awarded under this title reduced by the
amount of any compensation benefits received under the Compact of Free
Association, other than medical benefits and benefits for vocational
rehabilitation that the individual received by reason of the illness,
after deducting the reasonable costs (as determined by the Secretary)
of obtaining those benefits under the Compact of Free Association.''.
SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT.
Section 103(h) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the
following:
``(4) Supplemental health care grant.--
``(A) In general.--In addition to amounts provided
under section 211 of the U.S.-RMI Compact (48 U.S.C.
1921 note), the Secretary of the Interior shall provide
to the Republic of the Marshall Islands an annual
supplemental health care grant in the amount made
available under subparagraph (D)--
``(i)(I) to provide enhanced primary health
care, with an emphasis on providing regular
screenings for radiogenic illnesses by
upgrading existing services or by providing
quarterly medical field team visits, as
appropriate, in each of Enewetak, Bikini,
Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho,
Wotje, and Ujelang Atolls, which were affected
by the nuclear testing program of the United
States; and
``(II) to enhance the capabilities of the
Marshall Islands to provide secondary treatment
for radiogenic illness; and
``(ii) to construct and operate a whole-body
counting facility on Utrik Atoll.
``(B) Conditions on health care grants.--To ensure
the effective use of grants funds under clause (i) of
subparagraph (A), the Secretary of the Interior, after
consultation with the Republic of the Marshall Islands,
may establish additional conditions on the provision of
grants under that clause.
``(C) Memorandum of agreement.--To meet the
objectives of clause (ii) of subparagraph (A), the
Secretary of the Interior, the Secretary of Energy, and
the Government of the Republic of the Marshall Islands
shall enter into a memorandum of agreement setting
forth the terms, conditions, and respective
responsibilities of the parties to the memorandum of
agreement in carrying out that clause.
``(D) Funding.--As authorized by section 105(c),
there is appropriated to the Secretary of the Interior,
out of funds in the Treasury not otherwise
appropriated, to carry out this paragraph $4,500,000
for each of fiscal years 2009 through 2023, as adjusted
for inflation in accordance with section 218 of the
U.S.-RMI Compact, to remain available until
expended.''.
SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS.
(a) In General.--The Secretary of the Interior shall enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct an assessment of the health
impacts of the United States nuclear testing program conducted in the
Republic of the Marshall Islands on the residents of the Republic of
the Marshall Islands.
(b) Report.--On completion of the assessment under subsection (a),
the National Academy of Sciences shall submit to Congress, the
Secretary, the Committee on Energy and Natural Resources of the Senate,
and the Committee on Natural Resources of the House of Representatives,
a report on the results of the assessment.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Purpose
The purpose of S. 2941 is to provide supplemental ex gratia
compensation to certain communities and citizens of the
Republic of the Marshall Islands for impacts of the nuclear
testing program of the United States. The bill expands the
scope of three existing programs: the Department of Energy's
Marshall Islands Program; the Department of Labor's Energy
Employees Occupational Illness Compensation Program; and the
Republic of the Marshall Islands' Four Atoll Health Care
Program. In addition, the bill provides for an assessment and
report by the National Academy of Sciences on the health
impacts of the nuclear testing program in the Marshall Islands.
Background and Need
The Republic of the Marshall Islands is a nation of nearly
66,000 people living on 29 coral atolls and 5 islands in the
middle of the Pacific Ocean. Originally claimed by Spain, the
islands were sold to Germany in 1884, and captured by Japan
during World War I. The League of Nations formally entrusted
the Marshall Islands, along with Germany's other colonies in
the Pacific Ocean, to Japan in 1920. The United States captured
the islands from Japan in 1944, and ruled them by military
occupation for the next three years.
In 1947, the United Nations brought most of Micronesia
within the United Nations trusteeship system, and designated
the United States as the ``Administering Authority'' over the
Trust Territory of the Pacific Islands which was composed of
the Marshall Islands, as well as the Northern Mariana,
Caroline, and Palau Islands. Pursuant to its trusteeship
agreement with the United Nations Security Council, the United
States assumed full responsibility for the government of the
Marshall Islands and for promoting the islands' economic and
political development.
In 1979, the Republic of the Marshall Islands adopted a
constitution and inaugurated a parliamentary government under
its constitution. In 1980, it initialed a Compact of Free
Association with the United States, under which the Republic of
the Marshall Islands became an independent, self-governing,
sovereign nation and the United States agreed to continue
certain forms of economic assistance and military defense. The
people of the Marshall Islands approved the Compact by
plebiscite in 1983, Congress approved it in 1985 with the
enactment of Public Law 99-239. It came into full force and
effect in 1986. Portions of the Compact expired, pursuant to
their terms, after 15 years, in 2001. The United States and the
Republic of the Marshall Islands agreed to amend the Compact to
extend economic assistance programs for an additional 20 years,
and Congress approved the amended Compact in December 2003 with
the enactment of Public Law 108-188.
Between June 1946 and August 1958, the United States tested
67 nuclear weapons on or near the Marshall Islands (23 on the
Bikini Atoll; 43 on the Enewetak Atoll; and 1 in the ocean west
of Bikini). Together the tests had an explosive yield of
108,000 kilotons, equivalent to over 7,200 Hiroshima bombs.
``Mike,'' the first hydrogen bomb ever tested, had the
explosive force of nearly 700 Hiroshima bombs, and vaporized
the island of Elugelap in the Enewetak Atoll in 1952. ``Castle
Bravo,'' the second and largest hydrogen bomb ever tested by
the United States, had the explosive force of 1,000 Hiroshima
bombs and vaporized five of Bikini's islands in 1954.
Radioactive fallout from ``Castle Bravo'' fell on the Rongelap
and Utrik Atolls and their 253 residents. Nuclear testing in
the Marshall Islands required the removal and relocation of the
residents of four atolls, and resulted in physical destruction
and long lasting radioactive contamination.
In 1981, 1982, and 1983, several thousand inhabitants of
Bikini, Enewetak, and downwind atolls sued the United States
for damages resulting from the nuclear weapons testing program.
Their claims were ultimately settled as part of the Compact of
Free Association. In section 177 of the Compact, the United
States accepted responsibility for compensating the citizens of
the Marshall Islands for loss or damage to the people and
property of the Islands resulting from the nuclear testing
program. Section 177 authorized the Governments of the United
States and the Marshall Islands to enter into a separate
agreement for the just and adequate settlement of all claims
arising from the nuclear testing program; provided $2 million
annually for supplemental health care services under the so-
called ``Four Atoll Health Care Program''; provided for a
nationwide radiological survey; and authorized a $150 million
grant to the Marshall Islands.
The separate agreement called for by section 177 of the
Compact, which has become known as the Section 177 Agreement,
created a Nuclear Claims Tribunal to handle all claims and
payments arising out of the nuclear testing program. The $150
million authorized by section 177 was placed in a trust fund to
fund the Tribunal's operations and awards. The Compact of Free
Association Act of 1985, Public Law 99-239, which approved the
Compact, provided that the provisions of section 177 and the
Section 177 Agreement (which was incorporated by reference into
the Compact) constituted ``a full and final settlement of all
claims,'' past, present, and future, arising out of the nuclear
testing program. Nonetheless, section 105(c) of the 1985 Act
authorized appropriations for ``health and education as a
result of exceptional circumstances'', and ``ex gratia (out of
grace rather than as a matter of right) ``contributions for the
populations of Bikini, Enewetak, Rongelap, and Utrik''. The
Section 177 Agreement also provided that the Marshall Islands
could seek additional funds from Congress through a ``changed
circumstances'' petition, if ``injuries render the provisions
of this Agreement manifestly inadequate.'' The Agreement did
not commit Congress to provide the additional funds.
The Republic of the Marshall Islands submitted a changed
circumstances petition, seeking approximately $3.3 billion in
additional compensation, in September 2000 and again in
November 2001. The Senate Committee on Energy and Natural
Resources and the House Committee on Resources asked the
Administration to evaluate the petition. In January 2005, the
Department of State reported that the request did not meet the
``changed circumstances'' test under the Section 177 Agreement,
since it was not based on new information or injuries arising
after the original settlement. While the Department State found
no legal basis for providing additional compensation to the
Republic of the Marshall Islands, it acknowledged ``serious and
continuing public health and medical challenges'' and noted
that some of the Republic of the Marshall Islands' requests for
additional program assistance ``might be desirable.''
In 2007, the President of the Republic of the Marshall
Islands, Kessai Note, requested additional program assistance
in four specific areas: additional monitoring of radiological
conditions on Runit Island in the Enewetak Atoll; clarification
that citizens of the Marshall Islands are eligible for the
Energy Employees Occupational Illness Compensation Program;
continuation and expansion of funding for the Four Atoll Health
Care Program; and an assessment by the National Academy of
Sciences of the health care needs of the Marshall Islands.
Legislation is needed to provide this additional program
assistance.
Legislative History
S. 2941 is identical to legislation (S. 1756) introduced
during the 110th Congress. S. 1756 was introduced on July 10,
2007 by Senator Bingaman, Senator Akaka, Senator Domenici, and
Senator Murkowski at the request of the President of the
Republic of the Marshall Islands, Kessai Note. The Committee
held a hearing on S. 1756 on September 25, 2007 (S. Hrg. 110-
243), and ordered it reported with an amendment in the nature
of a substitute, without written report, on September 11, 2008.
The Senate took no further action on the bill during the 110th
Congress. During the preceding Congress, on July 19, 2005, the
Committee had also conducted an oversight hearing on the
effects of the nuclear testing program in the Marshall Islands.
(S. Hrg. 109-178.)
S. 2941 was introduced by Senator Bingaman and Senator
Murkowski at the request of the President of the Republic of
the Marshall Islands, Jurelang Zedkaia, on January 20, 2010.
The Committee held a hearing on S. 2941 on May 19, 2010. At a
business meeting on June 16, 2010, the Committee adopted an
amendment in the nature of a substitute, and at a business
meeting on June 21, 2010, ordered the bill, as amended,
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 2941, if
amended as described herein.
Committee Amendment
During its consideration of S. 2491, the Committee adopted
an amendment in the nature of a substitute. The amendment
requires monitoring of radiological conditions on Runit Island,
makes certain nationals and citizens of the Republic of the
Marshall Islands and the Federated States of Micronesia
eligible to receive compensation under the Energy Employees
Occupational Illness Compensation Program, appropriates $4.5
million annually for the Four Atoll Health Care Program, and
requires an assessment by the National Academy of Sciences of
the health care needs of the Marshall Islands. The amendment is
explained in detail in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 amends section 103(f) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) to
direct the Secretary of Energy to conduct a visual survey and
groundwater analysis of the Cactus Crater containment structure
on Runit Island periodically, but not less than every 4 years.
It also requires the Secretary to report to the Senate
Committee on Energy and Natural Resources and the House
Committee on Natural Resources the results of the survey and
analysis and any significant change in health risks to the
people of Enewetak from the structure. The Cactus Crater
containment structure is an above-ground nuclear waste storage
site on Runit Island that houses 110,000 cubic yards of
radioactively contaminated soil from the Enewetak Atoll. The
amendment also requires the Secretary of the Interior to
provide to the Department of Energy funds needed to conduct the
radiochemical analysis of groundwater from funds available for
the Technical Assistance Program of the Office of Insular
Affairs.
Section 3 amends sections 3621 and 3671(1) of the Energy
Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l; 42 U.S.C. 7385s(1)) to make benefits
available to citizens or nationals of the Republic of the
Marshall Islands or the Federated States of Micronesia who
otherwise meet the program's eligibility requirements.
Subsection (c) adds a new section 3654 to the Energy Employees
Occupational Illness Compensation Program Act of 2000 to
provide that the amount of compensation received under the
Program be reduced by the amount of any compensation benefits
received under the Compact of Free Association.
Section 4 amends section 103(h) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(h)) to
require the Secretary of the Interior to provide to the
Republic of the Marshall Islands an annual supplemental health
care grant to provide enhanced primary and secondary health
care for screening and treatment of radiogenic illnesses under
the Four Atoll Health Care Program. The Program was originally
funded at the rate of $2 million annually from the $150 million
Nuclear Claims Fund authorized by section 177 of the Compact,
and was limited to the inhabitants of the Enewetak, Bikini,
Rongelap, and Utrik Atolls. The amendment appropriates $4.5
million for each of fiscal years 2009 through 2023, provides
that the annual appropriation be adjusted for inflation in
accordance with the inflation adjustment formula in the
Compact, extends the Program from the original Four Atolls to
Ailuk, Mejit, Likiep, Wotho and Ujelang Atolls.
Section 5 directs the Secretary of the Interior to enter
into an agreement with the National Academy of Sciences to
conduct an assessment of the health impacts of the nuclear
testing program on the residents of the Republic of the
Marshall Islands and report the results to the Secretary, the
Senate Committee on Energy and Natural Resources, and the House
Committee on Natural Resources, and authorizes such sums as may
be necessary to carry out the section.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 2941--Republic of the Marshall Islands Supplemental Nuclear
Compensation Act of 2010
Summary: S. 2941 would amend the Compact of Free
Association Amendments Act of 2003 and the Energy Employees
Occupational Illness Compensation Program Act of 2000
(EEOICPA). The legislation would appropriate about $5 million
annually over the 2010-2023 period to supplement the health
care resources in certain communities affected by the U.S.
nuclear weapons testing program. In addition, S. 2941 would
extend coverage of the Energy Employees Occupational Illness
Compensation Program to qualified citizens of the Republic of
the Marshall Islands and the Federated States of Micronesia.
Finally, the legislation would require scientific monitoring of
a specific nuclear weapons test site and a report on the health
effects of nuclear testing in the Marshall Islands.
CBO estimates that enacting this bill would increase direct
spending by $58 million over the 2011-2020 period; therefore,
pay-as-you-go procedures apply.\1\ Enacting the bill would not
affect revenues. We estimate that additional administrative and
reporting costs would total less than $2 million over the 2011-
2012 period, assuming appropriation of the necessary funds.
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\1\Different time periods apply in the Senate for pay-as-you-go
rules. CBO estimates that enacting S. 2941 would increase direct
spending by $25 million over the 2010-2014 period and by $52 million
over the 2010-2019 period.
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S. 2941 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of S. 2941 is shown in the following table.
The budgetary effects of this legislation fall within budget
functions 050 (national defense) and 800 (general government).
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011-2015 2011-2020
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CHANGES IN DIRECT SPENDINGa
Supplemental Health Care
Grants:
Estimated Budget Authority 5 5 5 5 5 5 5 5 5 5 25 52
Estimated Outlays......... 5 5 5 5 5 5 5 5 5 5 25 52
Energy Worker Compensation:
Estimated Budget Authority 2 1 1 1 1 * * * * * 6 6
Estimated Outlays......... 2 1 1 1 1 * * * * * 6 6
Total Changes:
Estimated Budget 7 6 6 6 6 5 5 5 5 5 31 58
Authority............
Estimated Outlays..... 7 6 6 6 6 5 5 5 5 5 31 58
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aIn addition to the costs shown above, CBO estimates that implementing S. 2941 also would increase discretionary costs by less than $2 million over the
2011-2012 period for administrative and reporting costs.
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that S.
2941 will be enacted near the start of fiscal year 2011.
Supplemental health care grant: Section 4 would appropriate
$4.5 million, plus adjustments for inflation as specified in
the Compact of Free Association Amendments Act of 2003,\2\
annually through 2023 for supplemental health care grants to
communities of the Marshall Islands that were affected by the
United States nuclear weapons testing program. Based on
information from the Department of the Interior concerning the
provision of health care on the islands and on the availability
of roughly $5 million per year under the bill, CBO estimates
that this provision would increase direct spending by $52
million over the 2011-2020 period.
---------------------------------------------------------------------------
\2\Following the adjustments specified in that act, this
legislation would appropriate $5 million in 2011.
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Energy workers compensation: Section 3 would expand the
EEOICPA to cover citizens of the Republic of the Marshall
Islands and the Federated States of Micronesia. EEOICPA
provides monetary compensation and medical benefits to
employees of the Department of Energy (DOE)--including DOE
predecessor agencies--and DOE contractors if they develop
beryllium disease, silicosis, or radiation-induced cancer as a
result of working at a site used by the United States for the
production or testing of nuclear weapons. Based on information
from DOE and the Department of Labor, CBO estimates that, under
the bill, approximately 20 additional workers or their
survivors would be eligible for benefits under EEOICPA. We
estimate that providing those benefits would increase direct
spending by $6 million over the 2011-2020 period (with nearly
all of that cost falling in the 2011-2015 period).
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The changes in outlays that are subject to those pay-
as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2941 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JUNE 21, 2010
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 7 6 6 6 6 5 5 5 5 5 31 38
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Intergovernmental and private-sector impact: S. 2941
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Matthew Pickford--
Supplemental Health Care Grant; Jason Wheelock--Energy Worker
Compensation; Impact on State, Local, and Tribal Governments:
Ryan Miller; Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2941.
The bill is not a regulatory measure in the sense of
imposing Government established standards or significant
economic responsibilities on private individuals and
businesses.
Personal information would be collected only from those few
dozen persons who may file claims for compensation under the
Energy Employees Occupational Illness Compensation Program as
authorized by section 3 of the bill. Therefore, there would be
little impact on personal privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2941.
Congressionally Directed Spending
S. 2941, as ordered reported, does not contain
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Office of Insular Affairs,
Department of the Interior, at the May 19, 2010, hearing on S.
2941 follows:
Statement of Nikolao I. Pula, Director, Office of Insular Affairs
Mr. Chairman and members of the Committee on Energy and
Natural Resources, thank you for the opportunity today to
discuss S. 2941, the Republic of the Marshall Islands
Supplemental Nuclear Compensation Act.
The four principal sections of S. 2941 deal with several
issues arising from the nuclear weapons testing program that
the United States conducted in the northern islands and atolls
of the Marshall Islands from June 1946 until August 1958.
continued monitoring on runit island--section 2
If enacted, section 2 of S. 2941 would require the
Department of Energy to survey radiological conditions on Runit
Island every four years and to report the results to relevant
House and Senate committees. The partial clean-up of Enewetak
Atoll conducted by the Department of Defense in the late 1970s
resulted in the creation of an above-ground nuclear waste
storage site on Runit Island capped by a dome. Inside Runit
Dome are over 110,000 cubic yards of radioactive material
scraped from other parts of Enewetak Atoll.
In 1986, the U.S. and Marshall Islands Governments fully
settled all claims, past, present and future, of the government
and citizens of the Marshall Islands which are based upon,
arise out of, or are in any way related to the U.S. nuclear
weapons testing program. In particular, Article VII of the
agreement subsidiary to section 177 of the 1986 Compact of Free
Association relieved the U.S. Government of all responsibility
for controlling ``the utilization of areas in the Marshall
Islands affected by the Nuclear Testing Program'' and placed
that responsibility solely with the Marshall Islands
Government. Nevertheless, radiological conditions at the Runit
Island repository have remained for many years a point of
friction in the otherwise mutually agreeable, bilateral
relationship between the Marshall Islands and U.S. Governments.
Representatives of the Marshall Islands Government have raised
questions regarding Runit Island including:
the safety of land, water and marine life;
the radiological condition of the northern
part of the island; and
the structural integrity of the dome.
For many years the Department of Energy has performed
environmental measurements at Bikini, Enewetak, Rongelap and
Utrik Atolls, including, upon request, periodic environmental
sampling around Enewetak Atoll's Runit Dome. The atoll
communities set their own environmental goals and conduct all
remedial actions. The Department of Energy takes environmental
measurements before and after remedial actions to see if the
actions have achieved their goals. In addition, the Department
of Energy offers suggestions for remedial actions at the
request of the Marshall Islands Government, to aid atoll
communities' resettlement decisions.
clarification of eligibility under eeoicpa--section 3
Section 3 deals with the eligibility of the people of the
former Trust Territory of the Pacific Islands for the Energy
Employees Occupational Illness Compensation Program Act
(EEOICPA). In the 1950's the U.S. Government hired U.S.
citizens and people of the Trust Territory to clean up ground-
zero locations on Bikini and Enewetak Atolls and to collect
soil and other materials from contaminated areas in the
Marshall Islands. Trust Territory inhabitants received certain
benefits, e.g. consular, from the United States Government as
administering authority, but they were not U.S. citizens. These
individuals cannot currently receive EEOICPA benefits.
Section 3 is intended to place the former non-U.S. citizen
Trust Territory workers on an equal footing with U.S. citizen
workers.
Regarding section 3 of this bill, the Department of the
Interior defers to the Department of Labor, which, since it has
primary responsibility for administering EEOICPA, is the
Federal agency best positioned to discuss this compensation
program and provide technical assistance concerning the
language of section 3.
four atoll health care program--section 4
If enacted, section 4 of the bill would appropriate funds
for the Four Atoll Health Care Program. The Congress
established the Four Atoll Health Care Program in the early
1970's to provide health care for certain members of the
Enewetak, Bikini, Rongelap, and Utrik Atoll communities. When
the original Compact of Free Association came into force in
1986, the Four Atoll Program was funded for fifteen years under
the agreement subsidiary to section 177 of the Compact. This
funding ended in 2001 in accordance with the terms of that
agreement. In January 2005, the Department of State transmitted
to Congress the Executive Branch's evaluation of the Marshall
Islands Government's changed circumstances petition under
Article IX of the agreement subsidiary to Compact section 177.
The Marshall Islands request included, among other things, an
enhanced primary, secondary and tertiary health care system to
serve all Marshall Islanders for fifty years. The Executive
Branch's report concluded that there was no legal basis for
considering additional payments.
Nonetheless, in each fiscal year beginning with 2005, the
Congress has added a little less than $1,000,000 in
appropriations for the Four Atoll Program. Section 4 of this
bill would create a permanent appropriation for the program for
fiscal years 2012 through 2028. Additionally, it would fund the
program annually at $2,000,000, as adjusted for inflation.
The Administration does not support a permanent annual
appropriation of $2,000,000 for this program. As noted
previously, the Executive Branch determined in 2005 that there
was no legal basis for considering additional payments under
the agreement subsidiary to section 177 of the Compact.
Furthermore, the U.S. Government is spending over
$1,500,000,000 in direct assistance and trust fund
contributions for the Marshall Islands through fiscal year
2023. Also, the Marshall Islands Government, equally with U.S.
State and insular governments, remains eligible for a number of
categorical and competitive public health grant programs
administered by the Department of Health and Human Services
under section 105(f)(1)(D) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(D)), should the
Marshall Islands wish to apply.
assessment of health care needs of the marshall islands--section 5
If enacted, section 5 of S. 2941 would mandate that the
Secretary of the Interior commission an assessment and report
by the National Academy of Sciences of the health impact of the
U.S. nuclear weapons testing program in the northern islands
and atolls of the Marshall Islands from June 1946 until August
1958.
The Administration believes that this assessment is not
necessary. In January 2005, the Department of State submitted
the results of the Executive Branch's evaluation that
comprehensively and methodically reviewed existing scientific
studies of the impact of the U.S. nuclear weapons testing
program in the Marshall Islands. This evaluation highlighted
that previous studies had adequately answered questions about
the impact of the nuclear weapons testing program as those
questions related to additional claims for compensation.
The Administration does not support the commissioning of
additional studies at this time.
Mr. Chairman, we understand that the Committee is
contemplating amendments to the legislation. The Administration
would be happy to work with the Committee on any appropriate
changes.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2941, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003
Public Law 108-188, Approved December 17, 2003, as Amended
A joint resolution to approve the Compact of Free Association, as
amended, between the Government of the United States of America and the
Government of the Federated States of Micronesia, and the Compact of
Free Association, as amended, between the Government of the United
States of America and the Government of the Republic of the Marshall
Islands, and to appropriate funds to carry out the amended Compacts.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
* * * * * * *
SEC. 103. (48 USC 1921B) AGREEMENTS WITH AND OTHER PROVISIONS RELATED
TO THE REPUBLIC OF THE MARSHALL ISLANDS.
(f) DOE Radiological Health Care Program; USDA Agricultural
and Food Programs.--
(1) Marshall islands program.--
[Notwithstanding] (A) In general.--
Notwithstanding any other provision of law,
upon the request of the Government of the
Republic of the Marshall Islands, the President
(either through an appropriate department or
agency of the United States or by contract with
a United States firm) shall continue to provide
special medical care and logistical support
thereto for the remaining members of the
population of Rongelap and Utrik who were
exposed to radiation resulting from the 1954
United States thermo-nuclear ``Bravo'' test,
pursuant to Public Laws 95-134 and 96-205.
(B) Continued monitoring on runit islands.--
(i) Cactus crater containment and
groundwater monitoring.--Effective
beginning January 1, 2008, the
Secretary of Energy shall, as a part of
the Marshall Islands program conducted
under subparagraph (A), periodically
(but not less frequently than every 4
years) conduct--
(I) a visual study of the
concrete exterior of the Cactus
Crater containment structure on
Runit Island; and
(II) a radiochemical analysis
of the groundwater surrounding
and in the Cactus Crater
containment structure on Runit
Island.
(ii) Report.--The Secretary shall
submit to the Committee on Energy and
Natural Resources of the Senate, and
the Committee on Natural Resources of
the House of Representatives, a report
that contains--
(I) a description of--
(aa) the results of
each visual survey
conducted under clause
(i)(I); and
(bb) the results of
the radiochemical
analysis conducted
under clause (i)(II);
and
(II) a determination on
whether the surveys and
analyses indicated any
significant change in the
health risks to the people of
Enewetak from the contaminants
within the Cactus Crater
containment structure.
(iii) Funding for groundwater
monitoring.--The Secretary of the
Interior shall make available to the
Department of Energy, Marshall Islands
Program, from funds available for the
Technical Assistance Program of the
Office of Insular Affairs, the amounts
necessary to conduct the radiochemical
analysis of groundwater under clause
(i)(II).
* * * * * * *
(h) Four Atoll Health Care Program.--
* * * * * * *
(3) In the joint resolution of January 14, 1986
(Public Law 99-239) Congress provided that the Fund
Manager shall retain the funds returned by the
Government of the Marshall Islands pursuant to
paragraph (2) of this subsection, shall invest and
manage such funds, and at the end of 15 years after the
effective date of the Compact, shall make from the
total amount so retained and the proceeds thereof
annual disbursements sufficient to continue to make
payments for the provision of health services as
specified in paragraph (1) of this subsection to such
extent as may be provided in contracts between the
Government of the Marshall Islands and appropriate
United States providers of such health services.
(4) Supplemental health care grant.--
(A) In general.--In addition to amounts
provided under section 211 of the U.S.-RMI
Compact (48 U.S.C. 1921 note), the Secretary of
the Interior shall provide to the Republic of
the Marshall Islands an annual supplemental
health care grant in the amount made available
under subparagraph (D)--
(i)(I) to provide enhanced primary
health care, with an emphasis on
providing regular screening for
radiogenic illnesses by upgrading
existing services or by providing
quarterly medical field team visits, as
appropriate, in each of Enewetak,
Bikini, Rongelap, Utrik, Ailuk, Mejit,
Likiep, Wotho, Wotje, and Ujelang
Atolls, which were affected by the
nuclear testing program of the United
States; and
(II) to enhance the capabilities of
the Marshall Islands to provide
secondary treatment for radiogenic
illness; and
(ii) to construct and operate a
whole-body counting facilities on Utrik
Atoll.
(B) Conditions on health care grants.--To
ensure the effective use of grants funds under
clause (i) of subparagraph (A), the Secretary
of the Interior, after consultation with the
Republic of the Marshall Islands, may establish
additional conditions on the provisions of
grants under that clause.
(C) Memorandum of agreement.--To meet the
objectives of clause (ii) of subparagraph (A),
the Secretary of the Interior, the Secretary of
Energy, and the Government of the Republic of
the Marshall Islands shall enter into a
memorandum of agreement setting forth the
terms, conditions, and respective
responsibilities of the parties to the
memorandum of agreement in carrying out that
clause.
(D) Funding.--As authorized by section
105(c), there is appropriated to the Secretary
of the interior, out of funds in the Treasury
not otherwise appropriated, to carry out this
paragraph $4,500,000 for each of fiscal years
2009 through 2023, as adjusted for inflation in
accordance with section 218 of the U.S.-RMI
Compact, to remain available until expended.
* * * * * * *
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000
Public Law 106-398, Approved October 30, 2000, as Amended
* * * * * * *
Subtitle B--Program Administration
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.
In this title:
(1) The term ``covered employee'' means any of the
following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627, a
covered employee with chronic silicosis (as
defined in that section).
* * * * * * *
(17) The term ``specified cancer'' means any of the
following:
(A) A specified disease, as that term is
defined in section 4(b)(2) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210
note).
(B) Bone cancer.
(C) Renal cancers.
(D) Leukemia (other than chronic lymphocytic
leukemia), if the initial occupation exposure
occurred before 21 years of age and onset
occurred more than two years after initial
occupation exposure.
(18) The terms ``covered employee,'' ``atomic weapons
employee,'' and ``Department of Energy contractor
employee'' (as defined in paragraphs (1), (3), and
(11), respectively) include a citizen or national of
the Republic of the Marshall Islands or the Federated
States of Micronesia who is otherwise covered by that
paragraph.
* * * * * * *
Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits
* * * * * * *
SEC. 3653. RECOVERY AND WAIVER OF OVERPAY.
(a) In General.--When an overpayment has been made to an
individual under this title because of an error of fact or law,
recovery shall be made under regulations prescribed by the
Secretary of Labor by decreasing later payments to which the
individual is entitled. If the individual dies before the
recovery is completed, recovery shall be made by decreasing
later benefits payable under this title with respect to the
individual's death.
(b) Waiver.--Recovery by the United States under this
section may not be made when incorrect payment has been made to
an individual who is without fault and when adjustment or
recovery would defeat the purpose of this title or would be
against equity and good conscience.
(c) Liability.--A certifying or disbursing official is not
liable for an amount certified or paid by him when recovery of
the amount is waived under subsection (b) of this section, or
when recovery under subsection (a) of this section is not
completed before the death of all individuals against whose
benefits deductions are authorized.
SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE
ASSOCIATION.
An individual who has been awarded compensation under this
title, and who has also received compensation benefits under
the Compact of Free Association between the United States and
the Republic of the Marshall Islands (48 U.S.C. 1681 et seq.)
(referred to in this section as the ``Compact of Free
Association''), by reason of the same illness, shall receive
the compensation awarded under this title reduced by the amount
of any compensation benefits received under the Compact of Free
Association, other than medical benefits and benefits for
vocational rehabilitation that the individual received by
reason of the illness, after deducting the reasonable costs (as
determined by the Secretary) of obtaining those benefits under
the Compact of Free Association.
* * * * * * *
Subtitle E--Contractor Employee Compensation
SEC. 3671. DEFINITIONS.
In this subtitle:
(1) The term ``covered DOE contractor employee''
means any Department of Energy contractor employee
determined under section 3675 to have contracted a
covered illness through exposure at a Department of
Energy facility, including a citizen or national of the
Republic of the Marshall Islands or the Federated
States of Micronesia who is otherwise covered by this
paragraph.
(2) The term ``covered illness'' means an illness or
death resulting from exposure to a toxic substance.
(3) The term ``Secretary'' means the Secretary of
Labor.