The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S54-S56 on Jan. 20, 2010.
The publication is reproduced in full below:
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) 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 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.
____________________
