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[Senate Report 111-268]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 538
111th Congress                                                         
                                 SENATE
 2d Session                                         Report No. 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 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, in millions of dollars--
                               -------------------------------------------------------------------------------------------------------------------------
                                  2011      2012      2013      2014      2015      2016      2017      2018      2019      2020    2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
    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-You-Go 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.

                      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.

                                  
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