IIA 

117TH CONGRESS 

2D SESSION S. J. RES. 40 

Formally apologizing for the nuclear legacy of the United States in the 

Republic of the Marshall Islands and affirming the importance of the 

free association between the Government of the United States and the 

Government of the Marshall Islands. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2022 

Ms. HIRONO (for herself and Mr. MARKEY) introduced the following joint resolution; which was read twice and referred to the Committee on Energy 

and Natural Resources 

JOINT RESOLUTION 

Formally apologizing for the nuclear legacy of the United 

States in the Republic of the Marshall Islands and affirming the importance of the free association between 

the Government of the United States and the Government of the Marshall Islands. 

Whereas the United States freed the islands now known as 

the Republic of the Marshall Islands, the Republic of 

Palau, and the Federated States of Micronesia from 

Japan through bloody battles during World War II; 

Whereas the United States persuaded the United Nations to 

designate those islands as a United Nations Trust Territory and the United States as Administering Authority of 


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those islands pending the development of self-government 

on such islands; 

Whereas, in response to United Nations Security Council concerns with respect to such administration, President 

Harry S. Truman wrote that the people of the Marshall 

Islands ‘‘will be accorded all rights which are the normal 

constitutional rights of the citizens under the Constitution’’ and ‘‘will be dealt with as wards of the United 

States for whom this country has special responsibilities’’; 

Whereas the United States used the northern atolls of the 

Marshall Islands— 

(1) to conduct extensive nuclear weapons testing 

during the Cold War; and 

(2) to dispose of radioactive waste from the Nevada 

Test Site; 

Whereas the nuclear weapons testing program of the United 

States contaminated at least 11 of the 29 atolls of the 

Marshall Islands; 

Whereas March 1 is Nuclear Victims Remembrance Day in 

the Marshall Islands, which memorializes the 67 thermonuclear tests the United States conducted in the Marshall 

Islands between 1946 and 1958 and produced on average 

approximately 1.7 times the explosive yield of the bomb 

that destroyed Hiroshima every day for 12 years; 

Whereas the Castle Bravo test on March 1, 1954, remains 

the largest ever nuclear test by the United States, which 

yielded an explosion equivalent to approximately 1,000 

times the power of the bomb that destroyed Hiroshima, 

and the unexpected size of the blast, combined with shifting wind conditions, led to radioactive exposure of civilVerDate Sep 11 2014 00:25 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SJ40.IS SJ40

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ians on multiple atolls, who were not evacuated for more 

than 48 hours after the blast; 

Whereas a 2019 study by Columbia University researchers 

found that levels of radioactive contamination on the 4 

atolls most affected by nuclear testing exceeded the levels 

of radioactive contamination in Chernobyl, Ukraine, and 

Fukushima, Japan; 

Whereas the resettlement of individuals on such atolls, which 

were later found to be unsafe due to direct exposure to 

nuclear fallout, contributed to increased cancer rates, 

birth defects, and other illnesses among the people of the 

Marshall Islands; 

Whereas the United States conducted medical research on individuals in the Marshall Islands without their knowledge 

or consent; 

Whereas, from January 1, 1977, to December 31, 1980, a 

joint task group of members of the Armed Forces and civilian employees and contractors conducted radiological 

cleanup and built the Runit Dome (also known as the 

Cactus Crater containment structure) on Enewetak Atoll 

to house more than 110,000 cubic yards of radioactively 

contaminated soil and debris; 

Whereas, in addition to the radioactive waste from the Nevada Test Site that was dumped into the Enewetak Lagoon, more than 99 percent of all plutonium at Enewetak 

Atoll remains outside the Runit Dome; 

Whereas, since 2012, the Secretary of Energy has been responsible, under section 103(f)(1) of the Compact of Free 

Association Amendments Act of 2003 (48 U.S.C. 

1921b(f)(1)), for quadrennial studies of the groundwater 

surrounding and in the Cactus Crater containment strucVerDate Sep 11 2014 00:25 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SJ40.IS SJ40

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ture, but the Secretary has failed to complete such studies; 

Whereas, in October 2012, an official of the Department of 

Energy testified before Congress that seawater is ‘‘communicating’’ with the radioactive material in Cactus Crater; 

Whereas many of the members of the Armed Forces who participated in the cleanup of Enewetak Atoll have remained 

largely ineligible for benefits related to radiation exposure; 

Whereas the Government and the people of the Marshall Islands have long argued that compensation and assistance 

from the United States for personal injuries, adverse effects on health, the loss of land, and property damages 

have been inadequate; 

Whereas a study by the National Cancer Institute, published 

in August 2010, found that 55 percent of the cancers in 

Rongelap Atoll and 10 percent of cancers in Utrik Atoll 

between 1946 and 1970 may be attributable to fallout exposure; 

Whereas, in section 2(c) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 

note), Congress apologized to individuals affected by 

above-ground nuclear testing in the Southwest United 

States, but the United States has made no such apology 

for the legacy of United States nuclear testing in the 

Marshall Islands; 

Whereas the Marshall Islands is one of the countries most 

vulnerable to the climate crisis; 

Whereas rising sea levels threaten to engulf the Marshall Islands, which has no elevation higher than six feet; 


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Whereas Hilda Heine, former President of the Marshall Islands, stated that a failure of developed countries to pursue bolder climate action meant that her country was 

‘‘facing death row’’; 

Whereas the United States continues to have a critical national security relationship with the Marshall Islands, 

which— 

(1) is home to a facility the Joint Chiefs of Staff 

refer to as ‘‘the world’s premiere range for intercontinental ballistic missile testing and space operations support’’; and 

(2) in conjunction with the other Freely Associated 

States, guarantees the United States strategic control of 

an area of the Northern Pacific Ocean between the Philippines and Hawaii that is roughly the size of the continental United States; 

Whereas a sustained commitment by the United States to the 

Freely Associated States would— 

(1) ensure that the United States maintains control 

of shipping lanes in the Pacific Ocean; and 

(2) deter efforts by the Peoples Republic of China 

to alienate the people of the Freely Associated States 

from the United States; 

Whereas the Marshall Islands are more important to the national interests of the United States now than they have 

been at any time since World War II; 

Whereas President Ronald Reagan encouraged the people of 

the Marshall Islands to ratify the Compact of Free Association Between the United States and the Republic of 

the Marshall Islands, done at Majuro June 25, 1983, by 

telling such people, ‘‘you will always be family to us’’; 

and 


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Whereas the United States has a moral responsibility and a 

national security imperative— 

(1) to formally apologize to the people of the Marshall Islands for the consequences of the nuclear weapons 

testing program; 

(2) to reaffirm the kinship and commitment of the 

United States to, and concern for, the people of the Freely Associated States; and 

(3) to demonstrate that the United States lives up 

to its history and responsibilities in the vital Indo-Pacific 

region and elsewhere: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress— 

4 (1) recognizes that— 

5 (A) the United States nuclear testing pro6 gram and radioactive waste disposal in the 

7 Marshall Islands caused irreparable material 

8 and intangible harm to the people of the Mar9 shall Islands; and 

10 (B) although the United States governed 

11 the Marshall Islands during such nuclear test12 ing program and had complete responsibility for 

13 the welfare of the people of the Marshall Is14 lands, the United States— 

15 (i) failed to evacuate those people 

16 from areas contaminated by nuclear radi17 ation; 


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1 (ii) prematurely resettled such people 

2 in unsafe conditions; and 

3 (iii) conducted medical research with4 out the consent of such people; 

5 (2) apologizes on behalf of the United States to 

6 the individuals and families of the Marshall Islands 

7 for the hardships they have endured as a result of 

8 the United States nuclear testing program and ra9 dioactive waste disposal; 

10 (3) commits to providing assistance to the Mar11 shall Islands and the other Freely Associated States 

12 to adapt to the worst effects of the climate crisis; 

13 (4) urges the Secretary of Energy to complete 

14 as soon as possible a radiochemical analysis of the 

15 groundwater surrounding Cactus Crater in accord16 ance with section 103(f)(1) of the Compact of Free 

17 Association Amendments Act of 2003 (48 U.S.C. 

18 1921b(f)(1)); 

19 (5) calls upon the Secretary of Defense and the 

20 Secretary of Energy to fully support the study re21 quired under section 1685 of the National Defense 

22 Authorization Act for Fiscal Year 2022 (Public Law 

23 117–81; 135 Stat. 2125), which directs the Public 

24 Interest Declassification Board to explore the feasi25 bility of the declassification of documents related to 


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1 United States nuclear weapons testing in the Mar2 shall Islands; 

3 (6) commits to securing healthcare coverage for 

4 veterans of the Armed Forces and civilian personnel 

5 who participated in the clean up of radiological 

6 waste of former United States nuclear test sites in 

7 the Marshall Islands; 

8 (7) affirms that the Compact of Free Associa9 tion between the United States and the Republic of 

10 the Marshall Islands, done at Majuro June 25, 1983 

11 (referred to in this resolution as the ‘‘Compact of 

12 Free Association’’), is the cornerstone of the strong 

13 relationship between the Marshall Islands and the 

14 United States, which also includes— 

15 (A) vital contributions of the people of the 

16 Marshall Islands in the United States; 

17 (B) high rates of service in the Armed 

18 Forces by citizens of the Marshall Islands; and 

19 (C) a shared desire for a free, stable, and 

20 prosperous Indo-Pacific region; 

21 (8) recognizes that it is incumbent on the 

22 United States to open dialogue regarding the nu23 clear legacy of the United States in Marshall Islands 

24 during any negotiation of the Compact of Free Asso25 ciation or its subsidiary agreements; 


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1 (9) welcomes the commitment of the Govern2 ment of the United States, outlined in the Indo-Pa3 cific Strategy of the United States, published by the 

4 White House in February 2022, to ‘‘prioritize nego5 tiations on our Compacts of Free Association with 

6 the Freely Associated States as the bedrock of the 

7 U.S. role in the Pacific’’, and urges the President to 

8 appoint a special envoy to guide the interagency 

9 process of negotiating an extension of the Compact 

10 of Free Association; and 

11 (10) acknowledges that nothing in this resolu12 tion— 

13 (A) authorizes any claim against the 

14 United States; 

15 (B) supersedes any provision of the Com16 pact of Free Association or its subsidiary agree17 ments; and 

18 (C) serves as a settlement of any claim 

19 against the United States. 

Æ 


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