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…
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 tracks S. 1756, a bill that was introduced in the 110th Congress at the request of then-President of the Republic of the Marshall Islands, Kessai Note, and that was ordered reported from the Committee on Energy and Natural Resources, on September 11, 2008. The bill was reintroduced in the 111th Congress as S. 2941 at the request of President Zedkaia, and it was again reported from the Committee, on August 5, 2010. Unfortunately, there was insufficient time before adjournment for floor consideration and to identify an offset for the bill's CBO-estimated cost of $58 million. It is my hope that the 112th Congress will move promptly to consider this bill, find any necessary offset, and enact this legislation as a part of our Nation's continuing engagement with the Marshall Islands to address the damage and injuries that resulted from the nuclear weapons testing program.
The need for consideration of this bill is clear--to monitor and, as appropriate, update our Nation's continuing response to the consequences of the nuclear weapons testing program conducted in the Marshall Islands in the 1940s and 50s.
For a period of 12 years, the United States detonated nuclear bombs in the Northern Marshall Islands that caused substantial damage and injury. In 1986, with the negotiation of the compact of Free Association between the United States and the Republic of the Marshall Islands and its approval by Public Law 99-239, the United States ``accept[ed] the responsibility for compensation owing to citizens of the Marshall Islands . . . for loss or damage to property and person of the citizens of the Marshall Islands . . . resulting from the testing program . . .''. The compact and other U.S. laws established programs designed and intended to provide compensation and to respond to the consequences of the nuclear tests.
First, Section 177 of the compact provided a $150 million grant to the Marshall Islands for the settlement of all claims arising from the nuclear testing program through the establishment of the Nuclear Claims Tribunal, including $2 million annually for the so-called ``Four Atoll Health Care Program'' to provide supplemental health care services to those communities most affected by the tests and funding for a nationwide radiological survey. The subsidiary agreement implementing Section 177 further provided that the Marshall Islands could seek additional funds from Congress through a so-called ``changed circumstances'' petition, if ``injuries render the provisions of this Agreement manifestly inadequate.'' Finally, Section 105(c) of the law approving the compact authorized additional appropriations for ``health and education as a result of exceptional circumstances,'' and authorized ex gratia contributions for the affected populations of the northern atolls of Bikini, Enewetak, Rongelap, and Utrik.
Second, in response to the nuclear tests, Congress funded the Department of Energy's Marshall Islands Program to continually monitor residual radiation in the environment, research strategies for mitigating radiation effects, and to support mitigation and resettlement efforts. This DOE program also monitors and provides health care to members of the Rongelap and Utrik communities who were seriously exposed to radiation fallout from the ``Castle Bravo'' test which took place in 1954 and contaminated the inhabited islands downwind.
Third, in 2001, Congress enacted the Energy Employees Occupational Illness Compensation Program, EEOICPA, to provide compensation for DOE and DOE-contractor employees who were associated with the Nation's nuclear weapons program. The legislative history for the program indicates that workers hired from the local population at the Marshall Islands Test Site were intended to be covered. However, islanders who applied for compensation from EEOICPA had their claims denied because they were not U.S. citizens.
The purpose of this legislation is to make appropriate amendments to programs and activities to meet our continuing responsibility to address the consequences of the nuclear testing program. Accordingly, this bill would expand the scope of these existing programs: the Four Atoll Health Care Program; the DOE Marshall Islands Program; and the U.S. Department of Labor's Energy Employees Occupational Illness Compensation Program. The bill would also provide for an assessment and report by the National Academy of Sciences on the health impacts of the nuclear testing program in the Marshall Islands.
However, there is recent information regarding the health impacts of the testing program which may meet the objectives of this section. Last year, the August issue of Health Physics published a series of peer- reviewed papers on the radiation doses and cancer risks in the Marshall Islands from U.S. nuclear weapons tests. These papers grew out of a request from the Committee on Energy and Natural Resources to the National Cancer Institute for their expert opinion of the health effects of the testing program. I anticipate a presentation of the conclusion of these papers when a hearing is held on this bill.
For more information on this legislation, I recommend review of previous Committee hearings, S. Hrg. 109-178 and S. Hrg. 110-243, and last year's Committee report on S. 2941, S. Rpt 111-268. I look forward to continue working with President Zedkaia, the RMI Ambassador to the United States, Banny Debrum, officials at the U.S. Departments of State, Energy, and the Interior, and my colleagues on the Committee in considering this legislation as a part of our continuing response to this tragic legacy of the nuclear testing program in the Pacific.
Mr. President, I ask unanimous consent that the bill and a letter of support be printed in the Record.
Mr. President, I am pleased to join with my colleague and the Ranking Member of the Committee on Energy and Natural Resources, Lisa Murkowski, in introducing legislation to strengthen the relationship between the United States and the Republic of Palau--one of our closest and most reliable allies. This legislation, if enacted, would implement the recommendations of the 15-year review called for under the Compact of Free Association between our two nations.
Palau is one of the world's smallest nations, located in the western Pacific about 800 miles south of Guam and 500 miles east of the Philippines. It has a total land area of 177 square miles with a population of about 21,000. The close ties between the U.S. and Palau date from World War II, when Japanese forces were defeated in the Battle of Peleliu. In 1947, the islands became a District in the United Nations Trust Territory of the Pacific Islands. The United States was appointed Administrating Authority of the Trust Territory with the responsibility to promote economic and political development. Because of the United States' strategic interest in this region, the Trust Territory was established as the only U.N. ``Strategic'' Trust under the authority of the U.N. Security Council, as opposed to the U.N. General Assembly.
In the 1970s, talks on future political status were undertaken with the United States. The Northern Mariana Islands voted to become a U.S. territory, and the districts of Palau and the Marshall Islands chose to separate from the remaining Trust Territory districts. In 1982, Palau signed a 50-year Compact of Free Association that was approved by the U.S. in 1986, P.L. 99-658. The Compact went into effect on October 1, 1994, and the U.N. Trusteeship was subsequently terminated, making Palau a sovereign, self-governing state in free association with the United States. The U.S. entered into similar Compacts of Free Association with the Marshall Islands and the remaining districts of the Trust Territory, now known as the Federated States of Micronesia, in 1986, P.L. 99-239.
The U.S.-Palau Compact consists of four parts:
Title One, ``Government Relations,'' provides for
government-to-government relations including the privilege
for Palau citizens to enter the U.S. to work and reside as
non-immigrants, and for U.S. citizens to do the same in
Palau.
Title Two, ``Economic Relations,'' provided for a total of
$560 million in U.S. assistance from fiscal year 1995-2009,
including operational support of about $13 million annually,
$149 million for road construction, and $70 million for
capitalization of a Trust Fund to provide funds after the end
of direct U.S. financial assistance.
Title Three, ``Security and Defense Relations,'' closed
Palauan territory to the military forces of any nation except
the U.S., so-called ``Strategic Denial,'' and provides that
the U.S. may establish defense sites, although none exist at
this time or are planned.
Title Four, ``General Provisions,'' among other things,
Section 432 requires that there be a formal bilateral review
of the relationship on the 15th, 30th and 40th anniversaries
of the compact's entry into force, and that both parties
commit themselves to take specific actions based on the
conclusions of the review.
The U.S. and Palau completed this formal 15th anniversary review and, on September 10, 2010, signed an agreement setting forth amendments to the compact based on the conclusions and recommendation of the review. The bill being introduced today would approve this agreement and its appendices and incorporate them into the law which originally established the compact.
First, the legislation would extend financial assistance for another 14-year
term, until 2024, for operations, construction, maintenance and trust fund contributions totaling $229 million, or an average of $16.4 million annually. This is a substantial reduction from the average of $37.3 million annually that was provided in the first 15-year term. Second, the legislation significantly enhances accountability of U.S. financial assistance by requiring Palau to undertake financial and management reforms, and the U.S. is authorized to withhold funds if the U.S. determines that Palau ``has not made significant progress in implementing meaningful reforms.'' Third, the bill would require any Palauan entering the U.S. to have a Palau passport. This would be the same requirement that was imposed on citizens of Micronesia and the Marshall Islands when their compacts were reviewed and amended in 2003.
I believe this Agreement and legislation reaffirm and strengthen the special ties between the U.S. and Palau. Together we will continue our commitment to regional security. The United States will continue to be responsible for the security and defense of Palau, and the U.S. is honored to have the continued service of the men and women of Palau in the U.S. armed services. Strategic denial and the associated base rights provided for under the compact were originally designed to counter the Cold War threat in the Pacific. While the Cold War has ended, the U.S. will continue to face new challenges in the region.
Another indicator of the close relationship between the U.S. and Palau is evidenced by comparing votes in the United Nations. Palau and the U.S. vote together consistently. The most recent issue of the State Department's report, ``Voting Practices in the United Nations 2009,'' shows that Palau's voting coincidence with the United States in 2009 on 12 important issues was 100 percent. This is the highest voting coincidence of any country and indicates that Palau is a trusted and reliable ally at the U.N.
In 2003, the U.S. determined that a number of Chinese Uighurs who had been arrested in the war on terrorism and were sent to Guantanamo were not terrorists. The Bush Administration sought new homes for them, knowing that they would likely be persecuted if they were returned to China. Plans to send them to a Uighur community in Virginia were dropped because of Congressional opposition. Nearly every nation in the world was asked to assist in their resettlement, but Palau was the first to agree. Six Uighurs were resettled there. Palau has taken more detainees from Guantanamo than any other nation except Albania not counting those who were repatriated to their home countries.
It is important to note that this legislation is time-sensitive. The first 15-year term of compact financial assistance ended with fiscal year 2009. Fiscal Year 2010 funding for Palau was provided through enactment of a 1-year extension in the fiscal year 2010 Omnibus Appropriations bill, and the first few months of fiscal year 2011 funding is made available by the recent continuing resolutions. It is important that the next CR include continued financial support for Palau through the end of this fiscal year, to allow time for Congress to consider and pass this legislation. I understand that the administration's fiscal year 2012 budget will assume enactment of the bill before October 1, leaving the Congress a relatively short period of time to do its work.
I look forward to working with Ranking Member Murkowski and our colleagues on the Committee in moving this bill promptly. I anticipate reaching out to our colleagues on the Foreign Relations and Armed Services Committees because of the important role Palau plays in U.S. foreign and defense policy. Finally, I look forward to working with officials in the administration and in Palau who conducted the compact Review and concluded this important Agreement. I urge my colleagues to join with me and Senator Murkowski in approving this agreement and assuring the continued strength of this historic partnership.
Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.