II 

Calendar No. 538 

111TH CONGRESS 

2D SESSION S. 2941 

[Report No. 111–268] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 20, 2010 

Mr. BINGAMAN (for himself and Ms. MURKOWSKI) (by request) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

AUGUST 5, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Republic of the Mar3 shall Islands Supplemental Nuclear Compensation Act of 

4 2010’’. 

5 SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND. 

6 Section 103(f)(1) of the Compact of Free Association 

7 Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is 

8 amended— 

9 (1) by striking ‘‘Notwithstanding’’ and insert10 ing the following: 

11 ‘‘(A) IN GENERAL.—Notwithstanding’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(B) CONTINUED MONITORING ON RUNIT

15 ISLAND.— 

16 ‘‘(i) IN GENERAL.—Effective begin17 ning January 1, 2010, the Secretary of 

18 Energy shall, as a part of the Marshall Is19 lands program conducted under subpara20 graph (A), periodically (but not less fre21 quently than every 4 years) survey radio22 logical conditions on Runit Island. 

23 ‘‘(ii) REPORT.—The Secretary shall 

24 submit to the Committee on Energy and 

25 Natural Resources of the Senate, and the 

26 Committee on Natural Resources of the 


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1 House of Representatives, a report that de2 scribes the results of each survey con3 ducted under clause (i), including any sig4 nificant changes in conditions on Runit Is5 land.’’. 

6 SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY 

7 EMPLOYEES OCCUPATIONAL ILLNESS COM8 PENSATION PROGRAM ACT OF 2000. 

9 (a) DEFINITIONS FOR PROGRAM ADMINISTRATION.— 

10 Section 3621 of the Energy Employees Occupational Ill11 ness Compensation Program Act of 2000 (42 U.S.C. 

12 7384l) is amended by adding at the end the following: 

13 ‘‘(18) The terms ‘covered employee’, ‘atomic 

14 weapons employee’, and ‘Department of Energy con15 tractor employee’ (as defined in paragraphs (1), (3), 

16 and (11), respectively) include a citizen of the Trust 

17 Territory of the Pacific Islands who is otherwise cov18 ered by that paragraph.’’. 

19 (b) DEFINITION OF COVERED DOE CONTRACTOR

20 EMPLOYEE.—Section 3671(1) of the Energy Employees 

21 Occupational Illness Compensation Program Act of 2000 

22 (42 U.S.C. 7385s(1)) is amended by inserting before the 

23 period at the end the following: ‘‘, including a citizen of 

24 the Trust Territory of the Pacific Islands who is otherwise 

25 covered by this paragraph’’. 


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1 (c) COORDINATION OF BENEFITS WITH RESPECT TO

2 THE COMPACT OF FREE ASSOCIATION.—Subtitle E of the 

3 Energy Employees Occupational Illness Compensation 

4 Program Act of 2000 (42 U.S.C. 7385s et seq.) is amend5 ed by inserting after section 3682 (42 U.S.C. 7385s–11) 

6 the following: 

7 ‘‘SEC. 3682A. COORDINATION OF BENEFITS WITH RESPECT 

8 TO THE COMPACT OF FREE ASSOCIATION. 

9 ‘‘(a) DEFINITION OF COMPACT OF FREE ASSOCIA10 TION.—In this section, the term ‘Compact of Free Asso11 ciation’ means— 

12 ‘‘(1) the Compact of Free Association between 

13 the Government of the United States of America 

14 and the Governments of the Marshall Islands and 

15 the Federated States of Micronesia (48 U.S.C. 1901 

16 note); and 

17 ‘‘(2) the Compact of Free Association between 

18 the Government of the United States of America 

19 and the Government of Palau (48 U.S.C. 1931 

20 note). 

21 ‘‘(b) COORDINATION.—Subject to subsection (c), an 

22 individual who has been awarded compensation under this 

23 subtitle, and who has also received compensation benefits 

24 under the Compact of Free Association by reason of the 

25 same covered illness, shall receive the compensation 


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1 awarded under this subtitle reduced by the amount of any 

2 compensation benefits received under the Compact of Free 

3 Association, other than medical benefits and benefits for 

4 vocational rehabilitation that the individual received by 

5 reason of the covered illness, after deducting the reason6 able costs (as determined by the Secretary) of obtaining 

7 those benefits under the Compact of Free Association. 

8 ‘‘(c) WAIVER.—The Secretary may waive the applica9 tion of subsection (b) if the Secretary determines that the 

10 administrative costs and burdens of applying subsection 

11 (b) to a particular case or class of cases justifies the waiv12 er.’’. 

13 SEC. 4. FOUR ATOLL HEALTH CARE PROGRAM. 

14 Section 103(h) of the Compact of Free Association 

15 Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amend16 ed by adding at the end the following: 

17 ‘‘(4) SUPPLEMENTAL HEALTH CARE FUND18 ING.— 

19 ‘‘(A) IN GENERAL.—In addition to 

20 amounts provided under section 211 of the 

21 U.S.–RMI Compact (48 U.S.C. 1921 note), the 

22 Secretary of the Interior shall annually use the 

23 amounts made available under subparagraph 

24 (B) to supplement health care in the commu25 nities affected by the nuclear testing program 


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1 of the United States, including capital and 

2 operational support of outer island primary 

3 healthcare facilities of the Ministry of Health of 

4 the Republic of the Marshall Islands in the 

5 communities of— 

6 ‘‘(i) Enewetak Atoll; 

7 ‘‘(ii) Kili (until the resettlement of Bi8 kini); 

9 ‘‘(iii) Majetto Island in Kwajalein 

10 Atoll (until the resettlement of Rongelap 

11 Atoll); and 

12 ‘‘(iv) Utrik Atoll. 

13 ‘‘(B) FUNDING.—As authorized by section 

14 105(c), there is appropriated to the Secretary 

15 of the Interior, out of funds in the Treasury not 

16 otherwise appropriated, to carry out this para17 graph $2,000,000 for each of fiscal years 2012 

18 through 2028, as adjusted for inflation in ac19 cordance with section 218 of the U.S.–FSM 

20 Compact and the U.S.–RMI Compact, to re21 main available until expended.’’. 

22 SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE 

23 MARSHALL ISLANDS. 

24 (a) IN GENERAL.—The Secretary of the Interior shall 

25 enter into an agreement with the National Academy of 


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1 Sciences under which the National Academy of Sciences 

2 shall conduct an assessment of the health impacts of the 

3 United States nuclear testing program conducted in the 

4 Republic of the Marshall Islands on the residents of the 

5 Republic of the Marshall Islands. 

6 (b) REPORT.—On completion of the assessment 

7 under subsection (a), the National Academy of Sciences 

8 shall submit to Congress, the Secretary, the Committee 

9 on Energy and Natural Resources of the Senate, and the 

10 Committee on Natural Resources of the House of Rep11 resentatives, a report on the results of the assessment. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Republic of the Marshall 

17 Islands Supplemental Nuclear Compensation Act of 2010’’. 

18 SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND. 

19 Section 103(f)(1) of the Compact of Free Association 

20 Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is amend21 ed— 

22 (1) by striking ‘‘Notwithstanding’’ and inserting 

23 the following: 

24 ‘‘(A) IN GENERAL.—Notwithstanding’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(B) CONTINUED MONITORING ON RUNIT IS2 LAND.— 

3 ‘‘(i) CACTUS CRATER CONTAINMENT

4 AND GROUNDWATER MONITORING.—Effective 

5 beginning January 1, 2008, the Secretary of 

6 Energy shall, as a part of the Marshall Is7 lands program conducted under subpara8 graph (A), periodically (but not less fre9 quently than every 4 years) conduct— 

10 ‘‘(I) a visual study of the concrete 

11 exterior of the Cactus Crater contain12 ment structure on Runit Island; and 

13 ‘‘(II) a radiochemical analysis of 

14 the groundwater surrounding and in 

15 the Cactus Crater containment struc16 ture on Runit Island. 

17 ‘‘(ii) REPORT.—The Secretary shall 

18 submit to the Committee on Energy and 

19 Natural Resources of the Senate, and the 

20 Committee on Natural Resources of the 

21 House of Representatives, a report that con22 tains— 

23 ‘‘(I) a description of— 


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1 ‘‘(aa) the results of each vis2 ual survey conducted under clause 

3 (i)(I); and 

4 ‘‘(bb) the results of the 

5 radiochemical analysis conducted 

6 under clause (i)(II); and 

7 ‘‘(II) a determination on whether 

8 the surveys and analyses indicate any 

9 significant change in the health risks 

10 to the people of Enewetak from the con11 taminants within the Cactus Crater 

12 containment structure. 

13 ‘‘(iii) FUNDING FOR GROUNDWATER

14 MONITORING.—The Secretary of the Interior 

15 shall make available to the Department of 

16 Energy, Marshall Islands Program, from 

17 funds available for the Technical Assistance 

18 Program of the Office of Insular Affairs, the 

19 amounts necessary to conduct the 

20 radiochemical analysis of groundwater 

21 under clause(i)(II).’’. 


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1 SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY 

2 EMPLOYEES OCCUPATIONAL ILLNESS COM3 PENSATION PROGRAM ACT OF 2000. 

4 (a) DEFINITIONS FOR PROGRAM ADMINISTRATION.— 

5 Section 3621 of the Energy Employees Occupational Illness 

6 Compensation Program Act of 2000 (42 U.S.C. 7384l) is 

7 amended by adding at the end the following: 

8 ‘‘(18) The terms ‘covered employee’, ‘atomic 

9 weapons employee’, and ‘Department of Energy con10 tractor employee’ (as defined in paragraphs (1), (3), 

11 and (11), respectively) include a citizen or national 

12 of the Republic of the Marshall Islands or the Fed13 erated States of Micronesia who is otherwise covered 

14 by that paragraph.’’. 

15 (b) DEFINITION OF COVERED DOE CONTRACTOR EM16 PLOYEE.—Section 3671(1) of the Energy Employees Occu17 pational Illness Compensation Program Act of 2000 (42 

18 U.S.C. 7385s(1)) is amended by inserting before the period 

19 at the end the following: ‘‘, including a citizen or national 

20 of the Republic of the Marshall Islands or the Federated 

21 States of Micronesia who is otherwise covered by this para22 graph’’. 

23 (c) OFFSET OF BENEFITS WITH RESPECT TO THE

24 COMPACT OF FREE ASSOCIATION.—Subtitle C of the En25 ergy Employees Occupational Illness Compensation Pro26 gram Act of 2000 (42 U.S.C. 7385 et seq.) is amended by 


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1 inserting after section 3653 (42 U.S.C. 7385j–2) the fol2 lowing: 

3 ‘‘SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE 

4 COMPACT OF FREE ASSOCIATION. 

5 ‘‘An individual who has been awarded compensation 

6 under this title, and who has also received compensation 

7 benefits under the Compact of Free Association between the 

8 United States and the Republic of the Marshall Islands (48 

9 U.S.C. 1681 et seq.) (referred to in this section as the ‘Com10 pact of Free Association’), by reason of the same illness, 

11 shall receive the compensation awarded under this title re12 duced by the amount of any compensation benefits received 

13 under the Compact of Free Association, other than medical 

14 benefits and benefits for vocational rehabilitation that the 

15 individual received by reason of the illness, after deducting 

16 the reasonable costs (as determined by the Secretary) of ob17 taining those benefits under the Compact of Free Associa18 tion.’’. 

19 SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT. 

20 Section 103(h) of the Compact of Free Association 

21 Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amended 

22 by adding at the end the following: 

23 ‘‘(4) SUPPLEMENTAL HEALTH CARE GRANT.— 

24 ‘‘(A) IN GENERAL.—In addition to amounts 

25 provided under section 211 of the U.S.–RMI 


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1 Compact (48 U.S.C. 1921 note), the Secretary of 

2 the Interior shall provide to the Republic of the 

3 Marshall Islands an annual supplemental health 

4 care grant in the amount made available under 

5 subparagraph (D)— 

6 ‘‘(i)(I) to provide enhanced primary 

7 health care, with an emphasis on providing 

8 regular screenings for radiogenic illnesses 

9 by upgrading existing services or by pro10 viding quarterly medical field team visits, 

11 as appropriate, in each of Enewetak, Bi12 kini, Rongelap, Utrik, Ailuk, Mejit, Likiep, 

13 Wotho, Wotje, and Ujelang Atolls, which 

14 were affected by the nuclear testing program 

15 of the United States; and 

16 ‘‘(II) to enhance the capabilities of the 

17 Marshall Islands to provide secondary treat18 ment for radiogenic illness; and 

19 ‘‘(ii) to construct and operate a whole20 body counting facility on Utrik Atoll. 

21 ‘‘(B) CONDITIONS ON HEALTH CARE

22 GRANTS.—To ensure the effective use of grants 

23 funds under clause (i) of subparagraph (A), the 

24 Secretary of the Interior, after consultation with 

25 the Republic of the Marshall Islands, may estabVerDate Mar 15 2010 07:03 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S2941.RS S2941

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1 lish additional conditions on the provision of 

2 grants under that clause. 

3 ‘‘(C) MEMORANDUM OF AGREEMENT.—To 

4 meet the objectives of clause (ii) of subparagraph 

5 (A), the Secretary of the Interior, the Secretary 

6 of Energy, and the Government of the Republic 

7 of the Marshall Islands shall enter into a memo8 randum of agreement setting forth the terms, 

9 conditions, and respective responsibilities of the 

10 parties to the memorandum of agreement in car11 rying out that clause. 

12 ‘‘(D) FUNDING.—As authorized by section 

13 105(c), there is appropriated to the Secretary of 

14 the Interior, out of funds in the Treasury not 

15 otherwise appropriated, to carry out this para16 graph $4,500,000 for each of fiscal years 2009 

17 through 2023, as adjusted for inflation in ac18 cordance with section 218 of the U.S.–RMI Com19 pact, to remain available until expended.’’. 

20 SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MAR21 SHALL ISLANDS. 

22 (a) IN GENERAL.—The Secretary of the Interior shall 

23 enter into an agreement with the National Academy of 

24 Sciences under which the National Academy of Sciences 

25 shall conduct an assessment of the health impacts of the 


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1 United States nuclear testing program conducted in the Re2 public of the Marshall Islands on the residents of the Repub3 lic of the Marshall Islands. 

4 (b) REPORT.—On completion of the assessment under 

5 subsection (a), the National Academy of Sciences shall sub6 mit to Congress, the Secretary, the Committee on Energy 

7 and Natural Resources of the Senate, and the Committee 

8 on Natural Resources of the House of Representatives, a re9 port on the results of the assessment. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated such sums as are necessary 

12 to carry out this section. 


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Calendar No. 538 

111TH CONGRESS 

2D SESSION S. 2941 

[Report No. 111–268] 

A BILL 

To provide supplemental ex gratia compensation to 

States, and for other purposes. of the nuclear testing program of the United the Republic of the Marshall Islands for impacts 

AUGUST 5, 2010 

Reported with an amendment 


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