[Congressional Record Volume 156, Number 6 (Wednesday, January 20, 2010)]
[Senate]
[Pages S54-S56]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Cornyn, and Mr. Roberts):
  S. 2935. A bill to clarify that the revocation of an alien's visa or 
other documentation is not subject to judicial review; to the Committee 
on the Judiciary.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2935

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

     SECTION 1. JUDICIAL REVIEW OF VISA REVOCATION.

       Section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)) is amended by striking ``There shall be no 
     means of judicial review'' and all that follows and inserting 
     the following: ``Notwithstanding any other provision of law, 
     including section 2241 of title 28, United States Code, any 
     other habeas corpus provision, and sections 1361 and 1651 of 
     such title, a revocation under this subsection may not be 
     reviewed by any court, and no court shall have jurisdiction 
     to hear any claim arising from, or any challenge to, such a 
     revocation.''.

     SEC. 2. EFFECTIVE DATE.

       The amendment made by section 1 shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to all visas issued before, on, or after such 
     date.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Ms. Murkowski) (by request):
  S. 2941. 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; to the Committee 
on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President. Today, I join the Ranking Member of the 
Committee on Energy and Natural Resources, Senator Murkowski, in 
reintroducing, the Republic of the Marshall Islands Supplemental 
Nuclear Compensation Act at the request of the President of the 
Marshall Islands, the Honorable Jurelang Zedkaia.
  This legislation is identical to legislation introduced by myself and 
Senators Domenici, Akaka and Murkowski in 2007 at the request of then-
President Kessai Note. The Committee held a hearing on the bill, S. 
1756, on September 25, 2007, S. Hrg 110-243, and staff had follow-up 
discussions with the administration and with other committees which 
have interests in matters addressed by the bill. However, before the 
Committee could formally consider an amendment in the nature of a 
substitute that was developed during these discussions, the government 
in the Republic of the Marshall Islands, RMP, was replaced and the 
position of the new government on the substitute amendment was not 
obtained until it was too late for further action.
  The process for reconsideration of this legislation in the 111th 
Congress will need to be pushed back because there is a new 
Administration with new officials who will need to be educated on the 
issues. There are also new members and staff on many of the Committees 
who will need to be educated on the history and need for this 
legislation before they can provide their input. Finally, the fiscal 
position of the U.S. government has weakened since 2007 and funding 
this legislation will be more challenging today than it would have been 
when the legislation was last considered.
  To begin this process of education on this issue, I offer the 
following background.
  For over 50 years, the Committee on Energy and Natural Resources has 
worked with the government of the RMI to respond to the tragic 
consequences of the U.S. nuclear weapons tests that were conducted in 
the islands from 1946 to 1958 when the islands were a district of the 
U.S.-administered, U.N. Trust Territory of the Pacific Islands. In 
1986, this Trusteeship ended when the RMI entered into free association 
with the U.S. pursuant to the Compact of Free Association Act of 1985, 
(P.L. 99-239). Under Section 177 of the Compact, the U.S. accepted 
responsibility for damage and injuries resulting from the testing 
program and the law authorized two basic sources of compensation: 1) a 
legal settlement of $150 million under Section 177, and 2) additional 
ex gratia assistance under sections 103, 105, and 224.
  The $150 million legal settlement and its Subsidiary Agreement funded 
a Claims Tribunal to adjudicate and pay awards arising from the test 
program, regular distribution payments to the affected communities, a 
supplemental health care program, a radiological and health monitoring 
program, and it allowed the RMI to request additional compensation if 
there were ``changed circumstances''--that is, if information and 
injuries came to light after the settlement was reached which rendered 
the settlement ``manifestly inadequate.''
  The RMI submitted such a ``changed circumstances petition'', CCP, in 
2000 in which it sought over $3 billion in addition compensation from 
Congress. At the Committee's 2005 hearing on the CCP, S. Hrg 109-178, 
the administration testified in opposition to further financial 
compensation because the 1985 settlement was ``full and final'' and the 
CCP was not based on new information or injuries arising after the 
original settlement date. The Administration and other witnesses also 
questioned the RMI' s contention that radiation from the tests caused 
health injuries well beyond the four northern atolls of the Marshall 
Islands, and questioned the policies and methodologies used by the 
Tribunal in determining eligibility for compensation and the amount of 
awards. The Committee took no further action on the CCP. In 2006, 
facing the statute of limitations, the atolls of Bikini and Enewetak 
filed suit in the U.S. Court of Claims, but the Court upheld the U.S. 
motion to dismiss.
  In addition to the $150 million legal settlement, several sections of 
the Compact authorized ex gratia compensation, primarily through the 
capitalization of trust funds for the rehabilitation and resettlement 
of contaminated lands in three of the affected atolls (Enewetak, 
Bikini, and Rongelap), and by providing program assistance through 
existing Federal programs such as USDA Agricultural and Food programs, 
the DOE Marshall Islands program, and extension of the Section 177 
Health Care Program, also known as the ``4-Atoll Health Care program''. 
The rough estimate of this additional ex gratia compensation to date 
totals at least $220 million.
  It is important to note that while the administration opposed 
additional financial compensation based on the CCP, the 
administration's report noted that some of the RMI's requests for 
additional program assistance, while not qualifying as changed 
circumstances, ``might be desirable''.
  The legislation being re-introduced today includes four of the RMI's 
requests for additional program assistance. I agree with President 
Zedkaia that these requests should be given consideration by the 
Congress. Briefly, these requests are:
  Runit Island monitoring: Between 1977 and 1980, the U.S. conducted a 
cleanup of some of the contaminated areas of Enewetak Atoll where 43 
tests were conducted. Some of the contaminated soil and debris was 
removed to Runit Island, mixed with concrete, and placed in Cactus 
crater that had been formed by one of the tests. Under the Compact 
settlement, the RMI accepted responsibility for, and control over the 
utilization of lands in the Marshall Islands affected by the testing. 
The Compact Act (P.L. 99-239) also reaffirmed a 1980 authorization, 
under P.L. 96-205, for the Marshall Islands Program of the U.S. 
Department of Energy (DOE)

[[Page S55]]

which provides medical care and environmental monitoring relating to 
the testing program. Since then, the people of Enewetak Atoll have from 
time to time asked DOE to include monitoring of conditions at Runit 
within their environmental monitoring program in order to assure the 
people living on other islands in Enewetak Atoll that there is no 
health risk from the cleanup spoils stored at Runit.
  Section 2 of this Act would direct the Secretary of Energy, as a part 
of the existing program, to periodically survey radiological conditions 
on Runit and report their findings to the Congress.
  Energy Employees Occupational Illness Compensation Program, EEOICPA, 
eligibility: This program was enacted in 2001 to provide compensation 
for DOE and contractor employees associated with the nation's nuclear 
weapons program. During Senate debate, I submitted a list of facilities 
intended to be covered which included ``Marshall Islands Test Sites, 
but only for the period after December 31, 1958.'' However, the RMI 
citizens who applied to the program were denied eligibility on the 
basis that Congress did not intend the law to cover non-U.S. citizens. 
I believe that this was an incorrect reading of Congressional intent. 
It is important to recognize that during the testing and clean-up 
period the Marshall Islands were a District of the U.S.-administered 
U.N. Trust Territory of the Pacific Islands and that the U.S. and its 
contractors employed workers from the Marshall Islands and from other 
districts in the Trust Territory.
  Section 3 of this act would clarify that former Trust Territory 
citizens are eligible for the program, and it would coordinate benefits 
with the Compact of Free Association so that if a person received 
compensation under the Compact, then that amount would be deducted from 
any award received under EEOICPA.
  4-Atoll Health Care Program funding: Section 177 of the Compact 
approved the $150 million legal settlement, established the Settlement 
Trust Fund, and allocated $2 million annually for 15 years to provide 
supplemental health care to the affected communities: Enewetak, Bikini, 
Rongelap and Utrik. The 15-year period ended in 2001, and with 
depletion of the Fund, the $2 million annual payment was terminated in 
2003. To continue some level of service under the program, the RMI and 
the U.S. Congress continued to contribute funds on a discretionary 
basis until a longer-term solution could be enacted.
  Section 4 of the bill would authorize $2 million annually through 
2023 for the continuation of this program. I believe that this proposal 
offers an opportunity to discuss with the RMI and U.S. officials how 
supplemental healthcare assistance to the RMI can most effectively be 
used.
  National Academy of Sciences Assessment: Underlying the debate 
between the U.S. and the RMI regarding compensation for injuries 
resulting from the testing program is a dispute over the extent of the 
area affected by the testing program. The U.S. believes that the health 
affects were limited to the four northern atolls of Rongelap, Utrik, 
Bikini, and Enewetak. However, the RMI and the Claims Tribunal took the 
position that all of the 1958 residents of the RMI should be eligible 
for compensation.
  Section 5 of the bill is intended to help resolve this dispute by 
having the National Academy of Sciences conduct an assessment of the 
health impacts of the testing program.
  I look forward to continuing to work with President Zedkaia, my 
colleagues, and the Administration on these proposals and to continue 
to respond to the tragic legacy of our nation's nuclear testing program 
in the Pacific.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2941

       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

[[Page S56]]

     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.
                                  ____



                             Republic of the Marshall Islands,

                                                November 13, 2009.
     Hon. Jeff Bingaman,
     Chairman, Senate Committee on Energy and Natural Resources, 
         Dirksen Senate Building, Washington, DC.
       Dear Chairman Bingaman: I am writing you on behalf of the 
     Marshallese people to renew our mutual efforts to address the 
     continuing consequences of the U.S. Nuclear Testing Program 
     in the Marshall Islands.
       I would also like to take this opportunity to thank you for 
     your efforts in introducing the ``Republic of the Marshall 
     Islands Supplemental Nuclear Compensation Act of 2007'' 
     formerly known as Senate Bill No. 1756. Your understanding 
     and efforts over the past several years to move these 
     difficult issues forward and address them in a substantive 
     and meaningful manner is most appreciated by my Government 
     and the Marshallese people. In this respect, I strongly 
     believe that the substituted version of S. 1756 constituted 
     real and substantive progress in addressing outstanding 
     nuclear related issues.
       Understanding that S. 1756 expired without action at the 
     close of 2008, I would respectfully request that legislation 
     again be introduced in the United States Senate to deal with 
     the enduring consequences of the nuclear testing program in 
     the Marshall Islands.
       My Government submitted a Petition to the United States 
     Congress in respect to Article IX of the Section 177 
     Agreement concerning ``Changed Circumstances'' in September, 
     2000. While my Government believes that we have firmly 
     established that ``changed circumstances'' exist within the 
     meaning of Article IX, we wish to focus our efforts on coming 
     to a resolution and implementing measures that produce 
     results in addressing the health, safety and damages caused 
     by the nuclear testing program.
       Senate Bill No. 1756, in its substituted version, 
     represented the first serious and substantive attempt to deal 
     with the consequences of the nuclear testing program since 
     the Section 177 Agreement went into effect 23 years ago. 
     Therefore, I would like to now discuss some specific measures 
     for inclusion in legislation, which I believe will address 
     outstanding concerns and issues.
       1. The provisions contained in Section 4 of the substituted 
     version of S. 1756 that provided the sum of $4.5 million 
     annually plus adjustment for inflation as a continuing 
     appropriation through FY 2023 to address radiogenic illnesses 
     and the nuclear related health care needs of Bikini, 
     Enewetak, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, and 
     Wotje, is acceptable to my Government. We would, however, 
     request that the legislation include provision for the 
     National Academy of Sciences to conduct an assessment of the 
     health impacts of the nuclear testing program on the 
     residents of the RMI. Inclusion of such an assessment, as 
     contained in the original S. 1756 will provide important 
     information on these issues to both governments.
       2. We support the addition of persons who were citizens of 
     the Trust Territory of the Pacific Islands for inclusion for 
     eligibility in the Energy Employees Occupational Illness 
     Compensation Program Act of 2000. There are many Marshallese 
     who worked at Department of Energy sites in the RMI in the 
     same manner as their U.S. citizen co-workers, yet have never 
     received the health care and other benefits of this program.
       3. We also support provision in the legislation for the 
     proactive and ongoing monitoring of the integrity of the 
     Runit Dome at Enewetak Atoll. This is an issue that has long 
     been of concern to the people of Enewetak who live, fish and 
     harvest food in the immediate area.
       4. Any legislation addressing the consequences of the 
     nuclear testing program would not be complete without 
     consideration of the awards made by the Marshall Islands 
     Nuclear Claims Tribunal. Absent from S. 1756 was any 
     reference to the decisions and awards made by the Tribunal. 
     The administrative and adjudicative processes of the Tribunal 
     over the past 20 years are an important mutually agreed to 
     component of the Section 177 Agreement and its implementation 
     to resolve claims for damage to person and property arising 
     as a result of the nuclear testing program. We cannot simply 
     ignore the Tribunal's work and awards that it has made. The 
     RMI has presented a report on this subject prepared by former 
     United States Attorney General Richard Thornburgh in January, 
     2003, however, issues and concerns apparently continue. We 
     should move forward and resolve any remaining issues and 
     concerns regarding the Tribunal and its work.
       We look forward to working with you and your staff to 
     address the issues I have raised in this letter and to move 
     forward on finally addressing the consequences of the nuclear 
     testing program.
       Thank you very much for all of your help.
           Sincerely,
                                                 Jurelang Zedkaia,
     President.

                          ____________________