89–010 

Calendar No. 538 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–268 

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 NatVerDate Mar 15 2010 06:22 Aug 10, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\SR268.XXX SR268

smartinez on DSKB9S0YB1PROD with REPORTS
2 

ural 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 


smartinez on DSKB9S0YB1PROD with REPORTS
3 

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. 


smartinez on DSKB9S0YB1PROD with REPORTS
4 

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, arisVerDate Mar 15 2010 06:22 Aug 10, 2010 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR268.XXX SR268

smartinez on DSKB9S0YB1PROD with REPORTS
5 

ing 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 


smartinez on DSKB9S0YB1PROD with REPORTS
6 

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-bysection 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 enVerDate Mar 15 2010 06:22 Aug 10, 2010 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR268.XXX SR268

smartinez on DSKB9S0YB1PROD with REPORTS
7 

1Different 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. 

hanced 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, payas-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. 

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). 


smartinez on DSKB9S0YB1PROD with REPORTS
8 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011– 2015 2011– 2020 

CHANGES IN DIRECT SPENDING a

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 Authority ......................................................... 7 6 6 6 6 5 5 5 5 5 31 58 Estimated Outlays ........................................................................ 7 6 6 6 6 5 5 5 5 5 31 58 

a In 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. 


smartinez on DSKB9S0YB1PROD with REPORTS
9 

2Following the adjustments specified in that act, this legislation would appropriate $5 million 

in 2011. 

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. 

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 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 7 6 6 6 6 5 5 5 5 5 31 38 

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. 


smartinez on DSKB9S0YB1PROD with REPORTS
10 

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 cleanup 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 


smartinez on DSKB9S0YB1PROD with REPORTS
11 

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. 


smartinez on DSKB9S0YB1PROD with REPORTS
12 

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 subVerDate Mar 15 2010 06:22 Aug 10, 2010 Jkt 089010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6969 E:\HR\OC\SR268.XXX SR268

smartinez on DSKB9S0YB1PROD with REPORTS
13 

mitted 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.— 

øNotwithstanding¿ (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.— 


smartinez on DSKB9S0YB1PROD with REPORTS
14 

(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 


smartinez on DSKB9S0YB1PROD with REPORTS
15 

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: 


smartinez on DSKB9S0YB1PROD with REPORTS
16 

(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 


smartinez on DSKB9S0YB1PROD with REPORTS
17 

(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. 

Æ 


smartinez on DSKB9S0YB1PROD with REPORTS