[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.
____________________