[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2941 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                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.


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 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.

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

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) In general.--Effective beginning 
                        January 1, 2010, 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) 
                        survey radiological conditions 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 describes the 
                        results of each survey conducted under clause 
                        (i), including any significant changes in 
                        conditions on Runit Island.''.

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 of the Trust Territory of the Pacific Islands 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 of the Trust 
Territory of the Pacific Islands who is otherwise covered by this 
paragraph''.
    (c) Coordination of Benefits With Respect to the Compact of Free 
Association.--Subtitle E of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended 
by inserting after section 3682 (42 U.S.C. 7385s-11) the following:

``SEC. 3682A. COORDINATION OF BENEFITS WITH RESPECT TO THE COMPACT OF 
              FREE ASSOCIATION.

    ``(a) Definition of Compact of Free Association.--In this section, 
the term `Compact of Free Association' means--
            ``(1) the Compact of Free Association between the 
        Government of the United States of America and the Governments 
        of the Marshall Islands and the Federated States of Micronesia 
        (48 U.S.C. 1901 note); and
            ``(2) the Compact of Free Association between the 
        Government of the United States of America and the Government 
        of Palau (48 U.S.C. 1931 note).
    ``(b) Coordination.--Subject to subsection (c), an individual who 
has been awarded compensation under this subtitle, and who has also 
received compensation benefits under the Compact of Free Association by 
reason of the same covered illness, shall receive the compensation 
awarded under this subtitle 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 covered illness, after deducting 
the reasonable costs (as determined by the Secretary) of obtaining 
those benefits under the Compact of Free Association.
    ``(c) Waiver.--The Secretary may waive the application of 
subsection (b) if the Secretary determines that the administrative 
costs and burdens of applying subsection (b) to a particular case or 
class of cases justifies the waiver.''.

SEC. 4. FOUR ATOLL HEALTH CARE PROGRAM.

    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 funding.--
                    ``(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 
                annually use the amounts made available under 
                subparagraph (B) to supplement health care in the 
                communities affected by the nuclear testing program of 
                the United States, including capital and operational 
                support of outer island primary healthcare facilities 
                of the Ministry of Health of the Republic of the 
                Marshall Islands in the communities of--
                            ``(i) Enewetak Atoll;
                            ``(ii) Kili (until the resettlement of 
                        Bikini);
                            ``(iii) Majetto Island in Kwajalein Atoll 
                        (until the resettlement of Rongelap Atoll); and
                            ``(iv) Utrik Atoll.
                    ``(B) 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 $2,000,000 
                for each of fiscal years 2012 through 2028, as adjusted 
                for inflation in accordance with section 218 of the 
                U.S.-FSM Compact and 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.
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