II
112th CONGRESS
1st Session
S. 342
IN THE SENATE OF THE UNITED STATES
February 14, 2011
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.
Short title
This Act may be cited as the
Republic of the Marshall Islands
Supplemental Nuclear Compensation Act of 2011
.
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—
by striking
Notwithstanding
and inserting the following:
In general
Notwithstanding
; and
by adding at the end the following:
Continued monitoring on runit island
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—
a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island; and
a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island.
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—
a description of—
the results of each visual survey conducted under clause (i)(I); and
the results of the radiochemical analysis conducted under clause (i)(II); and
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.
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).
.
Clarification of eligibility under Energy Employees Occupational Illness Compensation Program Act of 2000
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:
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.
.
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
.
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:
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.
.
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:
Supplemental health care grant
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)—
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
to enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and
to construct and operate a whole-body counting facility on Utrik Atoll.
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.
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.
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.
.
Assessment of health care needs of the Marshall Islands
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.
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.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.