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

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Republic of the Marshall 
Islands Supplemental Nuclear Compensation Act of 2010''.</DELETED>

<DELETED>SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.</DELETED>

<DELETED>    Section 103(f)(1) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is amended--</DELETED>
        <DELETED>    (1) by striking ``Notwithstanding'' and inserting 
        the following:</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding''; 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Continued monitoring on runit 
                island.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES 
              OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 
              2000.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``SEC. 3682A. COORDINATION OF BENEFITS WITH RESPECT TO THE 
              COMPACT OF FREE ASSOCIATION.</DELETED>

<DELETED>    ``(a) Definition of Compact of Free Association.--In this 
section, the term `Compact of Free Association' means--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. FOUR ATOLL HEALTH CARE PROGRAM.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(4) Supplemental health care funding.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) Enewetak Atoll;</DELETED>
                        <DELETED>    ``(ii) Kili (until the 
                        resettlement of Bikini);</DELETED>
                        <DELETED>    ``(iii) Majetto Island in 
                        Kwajalein Atoll (until the resettlement of 
                        Rongelap Atoll); and</DELETED>
                        <DELETED>    ``(iv) Utrik Atoll.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL 
              ISLANDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

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.
                                                       Calendar No. 538

111th CONGRESS

  2d Session

                                S. 2941

                          [Report No. 111-268]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment