SPEAKERS CONTENTS INSERTS
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57–451 l
1999
THE STATUS OF NUCLEAR CLAIMS, RELOCATION AND RESETTLEMENT EFFORTS IN THE MARSHALL ISLANDS
HEARING
before the
COMMITTEE ON RESOURCES
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTH CONGRESS
FIRST SESSION
MAY 11, 1999, WASHINGTON, DC
Serial No. 106–26
Printed for the use of the Committee on Resources
Available via the World Wide Web: http://www.access.gpo.gov/congress/house
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or
Committee address: http://www.house.gov/resources
COMMITTEE ON RESOURCES
DON YOUNG, Alaska, Chairman
W.J. (BILLY) TAUZIN, Louisiana
JAMES V. HANSEN, Utah
JIM SAXTON, New Jersey
ELTON GALLEGLY, California
JOHN J. DUNCAN, Jr., Tennessee
JOEL HEFLEY, Colorado
JOHN T. DOOLITTLE, California
WAYNE T. GILCHREST, Maryland
KEN CALVERT, California
RICHARD W. POMBO, California
BARBARA CUBIN, Wyoming
HELEN CHENOWETH, Idaho
GEORGE P. RADANOVICH, California
WALTER B. JONES, Jr., North Carolina
WILLIAM M. (MAC) THORNBERRY, Texas
CHRIS CANNON, Utah
KEVIN BRADY, Texas
JOHN PETERSON, Pennsylvania
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RICK HILL, Montana
BOB SCHAFFER, Colorado
JIM GIBBONS, Nevada
MARK E. SOUDER, Indiana
GREG WALDEN, Oregon
DON SHERWOOD, Pennsylvania
ROBIN HAYES, North Carolina
MIKE SIMPSON, Idaho
THOMAS G. TANCREDO, Colorado
GEORGE MILLER, California
NICK J. RAHALL II, West Virginia
BRUCE F. VENTO, Minnesota
DALE E. KILDEE, Michigan
PETER A. DeFAZIO, Oregon
ENI F.H. FALEOMAVAEGA, American Samoa
NEIL ABERCROMBIE, Hawaii
SOLOMON P. ORTIZ, Texas
OWEN B. PICKETT, Virginia
FRANK PALLONE, Jr., New Jersey
CALVIN M. DOOLEY, California
CARLOS A. ROMERO-BARCELÓ, Puerto Rico
ROBERT A. UNDERWOOD, Guam
PATRICK J. KENNEDY, Rhode Island
ADAM SMITH, Washington
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WILLIAM D. DELAHUNT, Massachusetts
CHRIS JOHN, Louisiana
DONNA CHRISTIAN-CHRISTENSEN, Virgin Islands
RON KIND, Wisconsin
JAY INSLEE, Washington
GRACE F. NAPOLITANO, California
TOM UDALL, New Mexico
MARK UDALL, Colorado
JOSEPH CROWLEY, New York
LLOYD A. JONES, Chief of Staff
ELIZABETH MEGGINSON, Chief Counsel
CHRISTINE KENNEDY, Chief Clerk/Administrator
T.E. MANASE MANSUR, Republican Professional Staff
JOHN LAWRENCE, Democratic Staff Director
MARIE FABRIZIO-HOWARD, Democatic Professional Staff
C O N T E N T S
Hearing held May 11, 1999
Statement of Members:
Faleomavaega, Hon. Eni F.H., a Delegate in Congress from American Samoa
Prepared statement of
Miller, Hon. George, a Representative in Congress from the State of California
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Prepared statement of
Underwood, Hon. Robert A., a Delegate in Congress from Guam
Young, Hon. Don, a Representative in Congress from the State of Alaska
Statement of Witnesses:
Boyce, Ralph L., Deputy Assistant Secretary of State, East Asian and the Pacific Affairs, Department of State
Prepared statement of
Campbell, Kurt M., Deputy Assistant Secretary of Defense for Asian and Pacific Affairs, International Security Affairs
Prepared statement of
deBrum, Hon. Oscar, Chairman, Nuclear Claims Tribunal
Prepared statement of
Letter to Banny deBrum
deBrum, Tony A., Minister of Finance, Republic of the Marshall Islands
Prepared statement of
Hills, Howard L., prepared statement of
Maddison, Marie L., Secretary of Foreign Affairs and Trade, Republic of the Marshall Islands
Prepared statement of
Mauro, Dr. John, Sanford Cohen and Associates
Prepared statement of
Muller, Philip, Minister of Foreign Affairs and Trade, Republic of the Marshall Islands
Prepared statement of
People of Utirik, The, prepared statement of
Richardson, Allan C.B., Scientific Consultant to the People of Enewetak
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Prepared statement of
Robison, William, prepared statement of
Seligman, Paul J., M.D., M.P.H., Deputy Assistant Secretary for Health Studies, Department of Energy
Prepared statement of
Letters to Mr. Muller
Stayman, Allen P., Director, Office of Insular Affairs, Department of the Interior
Prepared statement of
Additional material supplied:
Balos, Senator Henchi, Bikini Atoll Representative, Marshall Islands Nitijela, prepared statement of
deBrum, Hon. Banny, Ambassador, The Marshall Islands, letter to Mr. Young
John, Senator Ismael, Mayor Neptali Peter and Davor Z. Pevec, prepared statement of
Pinho, Kirtley, President, Majuro Chamber of Commerce, letter to President Imata Kabua
RMI Government, response to Mr. Boyce's testimony
Weisgall, Jonathan M., prepared statement of
HEARING ON STATUS OF NUCLEAR CLAIMS, RELOCATION AND RESETTLEMENT EFFORTS IN THE MARSHALL ISLANDS
TUESDAY, MAY 11, 1999
House of Representatives,
Committee on Resources,
Washington, DC.
The Committee met, pursuant to call, at 11 a.m. in Room 1324, Rayburn House Office Building, Hon. Don Young [chairman of the Committee] presiding.
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STATEMENT OF HON. DON YOUNG, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ALASKA
Mr. YOUNG. The Committee will come to order. The Committee is meeting today to hear testimony on the status of the nuclear claims and relocation resettlement in the Marshall Islands under rule 4G of the Committee rules. Any oral or opening statements in this hearing is limited to the Chairman and the Ranking Minority Member. This will allow us to hear from our witnesses who have traveled so far. If any other Members have statements, they can be included in the hearing record under unanimous consent.
Today the Committee on Resources hearing will be focussed on the status of nuclear claims, relocation, and resettlement of the four atolls in the Bikini, Enewetak, Rongelap, and Utirik and other radiological rehabilitation of the atolls.
These are complex issues involving scientific research, logistic engineering problems, financial and social challenges. However, above all else, the most important to the Committee are the people of the Marshall Islands who directly or indirectly were adversely impacted by the nuclear testing inadvertently.
Congress has oversight responsibility for Federal funds designated for the brief settlement and relocation of the people of the Marshall Islands who were affected by the United States' nuclear testing. Federal funding also provides for medical treatment compensation for nuclear-related injuries or damages and radiological rehabilitation of certain atolls.
This funding has been provided by also a series of trust funds and problematic assistance. The United States and the Marshall Islands have a special relationship based on decades of the United Nations trusteeship. Today the U.S. and RMI are separate sovereign nations in free association in our Compact of Free Association. Significant portions of the compact relate to the issues before the Committee today.
In fact, this Committee held over 30 hearings during the consideration of the compact legislation. Many of those hearings attempted to identify the extent of the impact the U.S. nuclear testing program on the people and property of the Marshall Islands.
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Due to the uncertainty of the safety of resettlement in certain atolls, Congress included a provision that provided for additional scientific tests, agriculture food assistance, and the possibility for additional monetary and other assistance in the future.
It was understood that the settlement, relocation, and radiological rehabilitation could present unforeseen challenges that might warrant additional assistance by the United States. Since the enactment of the compact in 1986, Congress has provided additional funding for those purposes.
I want to thank the delegation from the Marshall Islands who have traveled to Washington to participate in the Committee's hearing and briefing yesterday and the hearing today. Your presentations yesterday and today will provide valuable information to Congress regarding the status of nuclear claims, resettlement, and relocation efforts.
The independent scientific testimony and administration position statements today will also add to the record regarding the progress to date of these areas. I also want to thank the delegation for the fine hospitality shown to myself and to the Committee as we visited out there.
We are extremely pleased with the visit that we had and it was very informative.
[The information may be found at the end of the hearing.]
Mr. YOUNG. At this time, I will recognize the gentleman from California, the Ranking Member, Mr. Miller.
STATEMENT OF HON. GEORGE MILLER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA
Mr. MILLER. Thank you very much, Mr. Chairman; and thank you very much for conducting these hearings. In February of 1994, I conducted a lengthy investigation and held hearings because it became known to me that many of the facts surrounding the nuclear weapons testing in the Pacific during the 1950s had been withheld from Congress, the people of the Marshall Islands, and the public.
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Information I received prior to the 1994 hearings strongly suggested that many people were affected by the fallout and the contamination of their homelands, many more than had been previously disclosed. This information caused me to push for the release of all pertinent information held by the U.S. Department of Energy on the testing program and the magnitude of its effects on the inhabitants of the local islands. This resulted in thousands of pages of documents being released to the honor of my government, and today we are here in part because of what have we have learned from those documents.
I hope the witnesses from the RMI will let us know how that process of receiving documents from the Department of Energy is going. Title 9 of the subsidiary agreement of section 177 of the Compact for Free Association contains language allowing for a request to the Congress for the compact renegotiations under what is known as a change in circumstances.
There is a finding that injuries that occurred were not or could not reasonably have been identified as of the enactment of the compact, that such injuries rendered the provisions of the agreement manifestly inadequate. I realize that this is not an immediate purpose of today's hearings, but I want those who are here today from the administration or from the RMI to know that I am very interested in what these newly released documents show us about what factions of the Federal Government knew and withheld over a decade during the compact negotiations.
This morning we will hear from testimony about how the United States-RMI relationship is proceeding specifically with regards to nuclear claims tribunal, relocation and resettlement issues; and I look forward to hearing from the administration on how the program is set up pursuant to the compact are working and if they are adequate to meet the needs and the goals.
Similarly, the Committee needs to know from the representatives of the Marshall Islands how cleanup and resettlement are proceeding from their perspective as well as from the comfort level of the U.S. Government studies and data. This relationship is a two-way street.
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Much responsibility lies with the United States to compensate the people of the Marshall Islands to provide adequate health care, rehabilitate lands damaged during the testing program. The Republic of the Marshall Islands, however, also has responsibilities, as a sovereign government agreed to do.
Our two nations are intertwined and as we go into the next millennium, I look forward to that relationship to continue to the betterment of both peoples. I welcome both the administration to this hearing and to my old friends who have traveled a great distance from the Marshall Islands to be here today and to share their concerns and their thoughts.
[The prepared statement of Mr. Miller follows:]
STATEMENT OF HON. GEORGE MILLER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA
In February of 1994 I conducted a lengthy investigation and held a hearing because it had become known to me that many facts surrounding the nuclear weapons testing in the Pacific during the 1950's had been withheld from Congress, the people of the Marshall Islands, and the public. This was not, and is not, acceptable to me. Prior to that time we had all been told that only 267 people were exposed to fallout from the BRAVO tests, and that exposure was an accident caused by a last minute shift in the wind and failure to anticipate the bomb would yield so much power.
Information I received prior to the '94 hearing strongly suggested that many more people were affected by the fallout and contamination of their homelands. This information caused me to push for the release of all pertinent information held by the U.S. Department of Energy on the testing program and the magnitude of its effects on the inhabitants of the local islands. This has resulted in thousands of pages of documents being released to the RMI government. Today we are here, in part, because of what has been learned from those documents. I hope the witnesses from the RMI will let us know how the process of receiving documents from the Department of Energy is going.
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Title IX of the susidiary agreement to Section 177 of the Compact of Free Association contains language allowing for a request to Congress for compact renegotiation under what is known as ''changed circumstances'' is there is a finding that injuries occurred that ''were not and could not reasonably have been identified as of (enactment of the compact) and that such injuries rendered the provisions of this Agreement manifestly inadequate.'' I realize this is not the immediate purpose of today's hearing but I want those here today from the Administration and the RMI that I am very interested in what these newly released documents show about what factions of the Federal Government knew and witheld during over a decade of compact negotiation.
This morning we will hear testimony about how the U.S.-RMI relationship is proceeding specifically with regard to the Nuclear Claims Tribunal, relocation, and resettlement issues. I look forward to hearing from the Administration on how the programs set up pursuant to the Compact are working and if they are adequate to meet the needs and goals. Similarly, this Committee needs to know from the RMI representatives how cleanup and resettlement are proceeding from their perspective as well as their comfort level with U.S. government studies and data.
This relationship is a two way street—much responsibility lies with the United States to compensate the RMI people—to provide adequate health care and rehabilitate lands damaged during the testing program. The RMI, however, also has responsibilities it has, as a sovereign government, agreed to do. Our two nations are intertwined and as we go into the next millennium I look for this relationship to continue to the betterment of both our peoples.
I welcome my old friends who have traveled a great distance from the Marshall Islands to be here with us today and look forward to hearing from you.
Mr. YOUNG. I thank the gentleman. Now we will call the first panel up. Mr. Ralph Boyce, Deputy Assistant Secretary of State; Mr. Allen Stayman, director of Insular Affairs, Interior Department; the Honorable Kurt Campbell, Deputy Assistant Secretary, Asian Pacific Affairs; the Honorable Paul Seligman, M.D., M.P.H., Deputy Assistant Secretary of Health Services, Department of Energy.
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I believe we will go right down the line. Mr. Ralph Boyce will be the first to testify. I want to remind our witnesses that I would be somewhat lenient, but try to limit your oral statements to 5 minutes. You can give as long of a written statement that you wish to do so. But in respect to the other witnesses, trying to keep it to 5 minutes is necessary. Mr. Boyce.
STATEMENT OF RALPH L. BOYCE, DEPUTY ASSISTANT SECRETARY OF STATE, EAST ASIAN AND THE PACIFIC AFFAIRS, DEPARTMENT OF STATE
Mr. BOYCE. Thank you, Mr. Chairman. I do have a written statement which I will submit for the record, and I will try to summarize it in under 5 minutes at this time. As Deputy Assistant Secretary of State responsible for the freely associated states as well as the region of southeast Asia and the rest of Oceania, I am pleased to have the opportunity to appear before the Committee with my colleagues from Interior, Energy and Defense.
The United States' relationship with the Republic of the Marshall Islands, one of the three freely associated states, is a unique and important part of our posture in the Pacific, and the political relationship itself is defined in the Compact of Free Association. The compact established a special relationship between the U.S. and the Republic of the Marshall Islands that is distinct from other nations.
In addition to providing U.S. defense for the RMI and access to U.S. Federal domestic programs, the compact provides just under $1 billion in U.S. funding through the initial 15-year period of economic assistance. Mr. Chairman, we are approaching the 13th anniversary of the compact with the RMI, and under the terms of that agreement some elements will be up for renegotiation in October.
We have established an office of the special negotiator in the Department of State to be led by my colleague, Allen Stayman, to my left here. As we continue preparations for that renegotiation, we are reviewing the effectiveness of the various U.S. programs and activities and assistance in the RMI.
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While both sides have learned a great deal over the past 13 years, quite frankly there are some troubling signs regarding the commitment of the RMI to some of the goals of the compact. In particular, the RMI has what would have to be termed a spotty record of reform on the economic side hampered by an inefficient public sector, rising unemployment, and declining per capita income.
The government has exhausted its financial holdings and borrowing capacity. The foreign investment climate is, quite frankly, not attractive. Controversy surrounds the government's management of funds established to provide compensation for claims related to the period 1946 to 1958 nuclear testing program of the United States.
There are also complaints that there has been some manipulation of the criteria by which claimants are determined to be eligible for programs supported by these funds and the subscriber base has been inflated quite dramatically.
Mr. Chairman, unique to the RMI is the U.S. obligation regarding the nuclear claims. As you know, the U.S. carried out 66 nuclear tests at Bikini and Enewetak atolls between 1946 and 1958. These atolls were evacuated prior to testing.
However, on February 28, 1954, a thermonuclear device code named BRAVO was detonated at the Bikini atoll. The energy yield of this experimental device exceeded predictions; and sudden wind changes sent the cloud of radioactive debris unexpectedly eastward over land rather than over open seas to the north. Consequently the populations of Rongelap and Utirik were showered with radioactive debris for two to three days before being evacuated to the Kwajalein atoll for medical care.
The United States has accepted full responsibility for the health and environmental damage caused by the U.S. nuclear testing program under the oft-cited section 177 of the compact. The implementation agreement of the compact with the RMI states that this is the, quote, ''full settlement of all claims past, present, and future,'' unquote, related to nuclear testing and at the time that the RMI agreed to the sum of $150 million.
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However, the compact provides that under certain circumstances the RMI may submit a request for Congress for its consideration by recognizing, of course, that this provision does not commit Congress to appropriate funds. So in addition to the $150 million that is in the compact settlement, the United States has provided about $300 million in various compensation, medical care, food supplies, environmental cleanup, and funds for resettlement.
My written testimony contains a more precise breakdown of these figures. As I mentioned, the compact allows the RMI to submit a request for additional compensation to the U.S. Congress if there are changes in circumstances. We have heard for some time there may be such a request.
We have given our assurance to the Marshall Islands government that we will do everything that we can to assist Congress in considering such a request should it be submitted.
Regarding the relationship between nuclear issues and the renegotiation of the compact, Mr. Chairman, we believe that the negotiations should be limited to what the Congress and the compact call for.
Just summarizing the end here, sir, thank you for the opportunity to present testimony to this Committee at this time, and I will gladly answer any questions that you might have after the other witnesses have spoken on behalf of the Department of State. Thank you.
Mr. YOUNG. Thank you, Mr. Boyce. Again, until I rap the gavel you don't have to wrap it up. I just meant as sort of a reminder, those little lights there. I do thank you.
Mr. BOYCE. That was close to a wrap, Mr. Chairman.
[The prepared statement of Mr. Boyce follows:]
STATEMENT OF RALPH BOYCE, DEPUTY ASSISTANT SECRETARY, BUREAU OF EAST ASIAN AND PACIFIC ISLAND AFFAIRS, DEPARTMENT OF STATE
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Thank you Mr. Chairman. I am pleased to have the opportunity to appear before the Committee with my colleagues from the Departments of Interior, Energy and Defense. I look forward to discussing our bilateral relations with the Republic of the Marshall Islands, specifically with regards to the relocation and resettlement of the inhabitants of the four atolls affected by atmospheric nuclear testing, Bikini, Enewetak, Rongelap and Utirik. My responsibilities as Deputy Assistant Secretary for East Asian and Pacific Affairs include the Freely Associated States, specifically the Republic of the Marshall Islands. I have not yet had the opportunity to visit the Marshall Islands. A trip scheduled for earlier this year proved unworkable. However, I hope to include the RMI in my travels, certainly before the end of the year.
Background on Our Unique Relationship
The United States' relationship with the Republic of the Marshall Islands, one of three Freely Associated States, is unique and one which is an important part of our posture in the Pacific. The Freely Associated States (the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau) were formerly part of the Trust Territory of the Pacific Islands. These islands were administered by the United States after 1947 under a United Nations Strategic Mandate. In the 1970s the United States entered into discussion with representatives of the various islands on their future-political status, a process which had different outcomes for the four island groupings in the Trust Territory. The RMI chose to become a sovereign nation in free association with the United States. In June 1983, we reached an agreement with the RMI—a Compact of Free Association. Approved and enacted into law by Congress in January 1986, and endorsed by the United Nations later that year, our Compact with the RMI officially went into effect on October 21 of 1986.
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The Compact established a special relationship between the United States and the Republic of the Marshall Islands, one which differs from that with other nations in several distinct ways. Although the RMI is a sovereign power, the U.S. provides the people of the RMI access to direct services of over forty U.S. Federal domestic programs and to U.S. Government funding for budgetary and technical assistance grants at a per capita rate greater than U.S. assistance to almost any other foreign government. We take responsibility for the security and defense of the RMI in return for foreclosure of third country access to the Marshall Islands for military purposes—what we have called ''strategic denial.'' Also, we give RMI citizens the right to work and live in the United States as nonimmigrant residents within the parameters laid out in the Compacts.
Compact of Free Association to Be Negotiated
We are approaching the 13th anniversary of our 15-year Compact with the RMI and, under the terms of the Compact, some elements of the agreement will soon be up for renegotiation. Under the terms of the Compact, negotiations should begin in October 1999, two years before the 15th anniversary of the Compact (October 2001). We are establishing an Office of the Special Negotiator to be located in the Department of State which will house the interagency team that will conduct these negotiations.
Why did we enter into the Compact in the first place and why are we renegotiating it? The U.S. entered into the Compact of Free Association, first, because the U.S. was obligated as administrator of the U.N. mandated Trust Territories, ''to promote the development of the inhabitants of the trust territories toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples, and the freely expressed wishes of the peoples concerned.''
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Second, in the Cold War environment of the mid-1980s, the United States was keen to bolster its security posture in the Pacific. Within the framework of the Compact, the principle of strategic denial guaranteed the U.S. exclusive military access to these countries and their surrounding waterways. Third, our agreement with the RMI ensured continued access to U.S. Army Kwajalein Atoll (USAKA)/Kwajalein Missile Range, and our agreement with the Republic of Palau, the last of the Freely Associated States to sign a Compact, included the right to develop a military base should the U.S. need an alternative to the Philippines.
Kwajalein Missile Range is considered to be a ''national asset'' and is currently the premier facility in the world for testing Theater Missile Defense. We have invested over $4 billion in this facility. The lease for Kwajalein Atoll expires in 2001. However, our Compact with the RMI provides for automatic renewal rights for an additional 15 years if the U.S. chooses to do so.
As we move towards renegotiations, we are reviewing the effectiveness of U.S. programs and assistance in the RMI. While both sides have learned much over the past 13 years, there are troubling signs regarding the commitment of the RMI to the goals of the Compact. The RMI has a spotty record of reform, hampered by an inefficient public sector, rising unemployment, and declining per capita income. The government has exhausted its financial holdings and borrowing capacity. The foreign investment climate is not an attractive one. Much controversy surrounds the government's management of funds established to provide compensation for claims related to the 1946-58 U.S. Nuclear Testing Program. There are complaints that manipulation of the criteria by which claimants are determined eligible for programs supported by these funds has led to a huge inflation of the subscriber base.
U.S. Responsibilities to the RMI
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Regarding U.S. Government obligations to the RMI, we have fulfilled our responsibility under the United Nations mandate to prepare the territory for self-governance. The RMI is self-governing and responsible for its own foreign affairs. We have exchanged diplomatic representatives with the RMI and the government of the Marshall Islands has done so with other nations besides the U.S. The RMI also holds membership in international organizations including the U.N., IMF and the World Bank, and regional organizations such as the South Pacific Forum and the Asian Development Bank.
Under the original Compact legislation, the United States pledged to help each of the three Freely Associated States move toward economic self-sufficiency. Our provision of Federal aid and services has been partially successful in fostering economic self-sufficiency. For many reasons the RMI has made slow progress in undertaking the reforms necessary to transform its economy. As we move towards negotiations, the Congress and the Administration are faced with the challenge of addressing past policy failures on both sides in order to improve RMI economic performance.
U.S. Obligation for Nuclear Claims
Unique to the RMI is the U.S. obligation relating to nuclear claims. The U.S. carried out 66 underwater and atmospheric nuclear tests at Bikini and Enewetak atolls in the Marshall Islands between 1946-58. Two atolls, Bikini, at the time with a population of 167, and Enewetak, population of 145, were evacuated prior to testing. On February 28, 1954, a thermonuclear device, code-named Bravo, was detonated at Bikini Atoll. The energy yield of this experimental device exceeded predictions and sudden wind changes sent the cloud of radioactive debris unexpectedly eastward over land rather than over open seas to the north. Consequently, the populations of Rongelap (86 people) and Utirik (167 people) were showered with radioactive debris for two to three days before being evacuated to Kwajalein Atoll for medical care.
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In Section 177 of the Compact of Free Association (Public Law 99-239 enacted October 1986), the U.S. accepted responsibility for compensation owing to citizens of the RMI for loss or damage to property or person of RMI citizens resulting from the USG nuclear testing program between 1946 and 1958. The subsidiary agreement implementing this provision of the Compact constituted the ''full settlement of all claims, past, present and future,'' related to nuclear testing. However, the Compact provides that, under certain circumstances, the RMI may submit a request for additional compensation to the Congress for its consideration, recognizing that this provision ''does not commit the Congress of the United States to authorize and appropriate funds.'' We have heard for some time that the RMI is preparing to submit a request for additional compensation to Congress for its consideration, and we will cooperate with Congress if, as we expect, Congress asks for our views on the request.
The U.S. has provided over half a billion dollars in compensation to the RMI for the U.S. nuclear testing program through congressional appropriations and Federal services, such as the Department of Energy medical health program and the U.S. Department of Agriculture surplus food assistance. Compensation and assistance has included:
—$150 million in 1986 under the Compact to create a Trust Fund for the health care and compensation for nuclear claims for the populations of the four atolls affected by the Nuclear Testing Program—Bikini, Enewetak, Rongelap and Utirik. The government of the Marshall Islands established the trust fund and a Nuclear Claims Tribunal to adjudicate compensation claims. The claims paid have totaled approximately $63 million thus far to some 1,549 individuals.
In addition to the Trust Fund, the U.S. has provided in compensation, support and medical care:
—For Bikini: $6 million in 1978 and $110 million in 1982 in trust funds for the people of Bikini; $1.4 million in ex gratia payment in 1979, $1.754 million in food commodities from 1979-84 through USDA.
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—For Enewetak: $102,000 compensation for removal in 1969; $20 million for clean up in 1977, $129 million for clean up activities in 1976, $12.4 million for resettlement in 1977, $20 million in agricultural support from 1980-96, $33.895 million in 1989 for the rehabilitation and resettlement of Enewetak, and an additional $10 million for the resettlement of Enjebi, part of the Enewetak atoll.
—For Rongelap: $11,000 to each Rongelapese exposed to fall out was paid in 1965; $6.42 million added to the Rongelap Compact Trust Fund in 1996.
—For Utirik: $1,000 to each Utrikese exposed to fall out paid in 1977; $25,000 to each Utirikese who underwent thyroid surgery.
All four atolls participate in the following programs:
—$3.8 million in food commodities: from 1988-94 through the U.S. Department of Agriculture to compensate the four-nuclear affected atolls for decreased agricultural capabilities resulting from the nuclear testing program. Present annual funding is $581,000. Continued assistance over the next five years is likely.
—$80.4 million from 1980-1997 for special medical care and treatment of the inhabitants of the four nuclear-affected atolls, environmental monitoring of the lands and radiological dose assessment monitoring through the Department of Energy for the radiation-exposed populations—originally 253 people—of Rongelap and Utirik. Today the Department of Energy Marshall Islands Medical Program serves 238 people (130 exposed persons and a control group of 107) with the cooperative support of the Departments of Defense and Interior.
—Two million dollars annually under the ''Four Atoll Health Care Program'' administered by the Department of the Interior for the people of the atolls of Bikini, Enewetak, Rongelap and Utirik who were affected by the consequences of the U.S. nuclear testing program, pursuant to the program described in Public Law 95-134 and Public Law 96-205 and their descendants (and any other persons identified as having been so affected if such identification occurs in the manner described in such public laws).
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Additional Compensation Possible
Although, under the Compact, Section 177 constitutes the full settlement of all claims, it also allows the RMI to submit a request for additional compensation to the U.S. Congress for its consideration if
(a) loss or damage resulting from the Nuclear Testing Program arises or is discovered which could not reasonably have been identified as of the effective date of the agreement, and
(b) such injuries render the provisions of the Agreement ''manifestly inadequate.''
We have given our assurance to the Marshall Islands government that the Administration will assist Congress in considering its request should it decide to submit a request which meets these criteria.
Resettlement of Marshall Islands Atoll Communities
The U.S. takes seriously its commitment to resettle and rehabilitate those communities injured by the nuclear tests. From a legal and humanitarian standpoint, the various agencies tasked with this undertaking have carried out their work with commitment.
Enewetak
The U.S. conducted 43 nuclear tests at Enewetak Atoll between April 1948 and 1958. In April 1980, Enewetak Atoll was returned to the Enewetak and today more than 900 Enewetakese reside there.
Is it safe to live in Enewetak Atoll? We believe so but that is a decision left up to the people of Enewetak to make based on the environmental data collected at Enewetak Atoll by the Department of Energy monitoring program. This data, coupled with the use of the latest dose models and international accepted intervention strategies, provide a sound basis upon which the Enewetak people and local government councils can make resettlement decisions regarding any island in the Enewetak Atoll chain.
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The U.S. conducted clean up operations at Enewetak Atoll from 1977-80. Radiologically contaminated soil and debris present on many islands in the atoll were collected and deposited on Runit Island in a crater surrounded by a concrete key-wall and covered with a concrete cap. The crater is known as Cactus Crater and the concrete capped nuclear container as Runit Dome.
The National Academy of Science in a 1980 report said the Cactus Crater structure and its contents presented no credible health hazard to the people of Enewatak, either now or in the future. Subsequent monitoring of Runit Dome by the Defense Nuclear Agency and the Department of Energy found the dome to be structurally sound. It is the consensus of the USG and the people of Enewetak that Runit island should remain quarantined indefinitely because of the possible presence of plutonium at subsurface levels which might not have been located and removed during cleanup. This position stands as a precautionary measure despite DOE resuspension studies which show that such a quarantine is not necessary.
Rongelap
Rongelap atoll was showered by nuclear fallout when the U.S. detonated Bravo at Bikini Atoll on February 28, 1954. The local population (67 persons) was exposed to the fallout for two to three days before being evacuated to Kwajalein Atoll by the U.S. Navy. Nineteen Rongelapese temporarily residing on Ailingnae also were irradiated. The Rongelapese were returned to their island in 1957 where they remained until 1985. In 1985, the Rongelapese chose to move their community to Mejatto Island in Kwajalein Atoll. Following their evacuation to Kwajalein, Congress appropriated funds for the special care and treatment of the exposed Rongelap population, which has continued to this day under the DOE Marshall Islands Program. The Rongelapese are also eligible to receive medical care under the Section 177 Health Care program for the four affected atoll communities.
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In 1965, the Atomic Energy Commission granted a payment of $11,000 to each exposed Rongelapese. In addition, each Rongelapese exposed who underwent thyroid surgery received $25,000. Under the Compact, Congress appropriated $37.5 million to the Rongelap Distribution Authority to be held in trust for the people of Rongelap. In addition, Rongalapese may request compensation from the Republic of the Marshall Islands Nuclear Claims Tribunal for personal injury and property damage claims.
In 1994, the National Academy of Sciences found that with appropriate mitigative measures, the people of Rongelap could return and live safely in their homeland. In February 1999 the Department of Energy executed a Memo of Understanding with the Rongelap Atoll Local Government for an environmental monitoring support plan for Rongelap Resettlement Activities. We have proposed a similar memo of understanding with the Enewetak/Ujelang Local Government Council.
Utirik
The 176 persons from Utirik atoll were similarly affected and evacuated. However, it was found that they had experienced minimal effects from the fall-out and that further examination was not necessary. A 1954 Atomic Energy Commission survey team working with the High Commission of the Trust Territory decided the Utirikese could return to their homeland and would be furnished with food and water from outside the area. In May of that year the Utirikese returned. Department of Energy carries out environmental radiological monitoring of Utirik and health monitoring of the inhabitants. Today 450 people reside on Utirik and there is no significant radiation problem on the atoll that requires any remediation.
Bikini Atoll
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The U.S. conducted 23 nuclear tests on Bikini Atoll between June 1946-58. one hundred sixty-seven people were evacuated before the tests began. One hundred twenty-five returned between 1972-74. Four years later, August 1978, the USG asked the Bikinians to leave due to concern that local food consumption was increasing cesium-137 body burdens and approaching levels in excess of internationally accepted radiation protection guidelines. (At the time, 500 mrem per year per individual dose). One hundred forty Bikinians departed.
There are now about 2,000 Bikinians, 650 living on Majuro, 125 on Ebeye, 1,000 on Kili and others in various locations including the U.S. The Bikini community held a groundbreaking ceremony on the island anticipating their resettlement in March 1997. About 25 have returned to Eneu, one of the islands in the Atoll. The Department of Energy's funded study by the National Academy of Sciences in 1994 recommends interventions but notes that the island can be inhabited again without increased risk to residents from residual radionuclides in the soil, if certain mitigative measures are taken. An IAEA study published in 1998 supports this.
The existing trust fund, now valued at some $110 million, should be sufficient for resettlement if the Bikini community decides to employ the remediation strategy of applying potassium to land area. However, another option, scraping the island, may be more costly.
The people of the four atolls affected by the nuclear testing in the Marshall Islands—Bikini, Enewetak, Rongelap and Utirik—find themselves in very different circumstances. In Rongelap, the leaders co-signed with Interior Secretary Babbitt their resettlement agreement in September 1996 and have since been able to return to Rongelap Island. Their restored airfield is in use and public facilities and homes have been constructed. Most of the people of Enewetak and Utirik have returned to their home islands. The people of Bikini in April 1998 sought a guarantee from Interior Secretary that the atoll is safe for resettlement. The answer is that it is for the people of Bikini to decide. Based on a September 1996 draft International Atomic Energy Agency Advisory Group report on radiological conditions at Bikini, we can say that Bikini Island is ready for permanent habitation as long as certain remedial measures are fully implemented.
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Conclusion
We must distinguish the legislated responsibility for the resettlement of the peoples of Bikini, Enewetak, Rongelap and Utirik Atolls under the jurisdiction of the Department of Interior, from that of the general responsibility of the Department of State for the conduct of bilateral relations with the Republic of the Marshall Islands. Although the agencies have different roles, they must—and do—work together closely. The issue of resettlement is a sensitive one, especially to the populations of the individual atolls. Individual political leaders may take it upon themselves to promote a particular position outside of the framework of the RMI government. We remain open to all voices on this important matter and do not underestimate our responsibility. The U.S. Ambassador to the RMI, Joan Plaisted, has an ongoing dialogue with representatives of all of the atolls. Our role is to ensure that all of the people of the RMI receive what they are entitled to under the Compact without regard to individual or local political pressure.
To that end, the following issues will have to be addressed by the U.S. Government in the coming years:
—Changed circumstances: The U.S. Government will have to assess the circumstances when the RMI submits its request but we do not want to prejudge the outcome. The RMI has not yet submitted a request identifying changed circumstances and, under the Compact, Congress has the lead in considering any such request.
—Section 177 Management and the Nuclear Claims Commission: Section 177 is mandated for a pool of people who were exposed to radiation and their offspring. The Compact, including its subsidiary agreements, provides the terms for the full settlement of the nuclear' claims, and disbursements should be in accordance with that agreement. To the extent that the RMI considers that changed circumstances justify increasing the number of people who should be receiving compensation, or justify more funding for the Nuclear Claims Commission, those requests should be made to Congress in the process provided for in the Compact.
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—Finally, regarding the relationship between these issues and Compact renegotiation: The Compact negotiations should be limited to what Congress and the Compact called for. Issues involving nuclear claims should remain separate and be dealt with in accordance with the terms of the Compact, including the subsidiary agreement and, if appropriate, through a request to Congress for consideration based on changed circumstances.
Mr. YOUNG. All right. Very good. Next is Allen Stayman, director of the Office of Insular Affairs, Department of Interior. Mr. Stayman.
STATEMENT OF ALLEN P. STAYMAN, DIRECTOR, OFFICE OF INSULAR AFFAIRS, DEPARTMENT OF THE INTERIOR
Mr. STAYMAN. Thank you, Mr. Chairman. The keystone of the United States policy regarding the nuclear testing program is section 177 of the Compact of Free Association. Here the United States, ''accepts the responsibility for compensation owing to citizens of the Marshall Islands for loss or damage resulting from the nuclear testing program.''
In fulfilling this obligation, the United States provided the Marshall Islands with $150 million to create an independent nuclear claims fund. Article 2 requires the fund manager to disperse fixed amounts for health, medical surveillance, and radiological monitoring and to the four atolls as payment for claims of injury.
Section 8 of this article obliges the governments of the four atolls to establish individual subtrust funds with all or a portion of these proceeds to ''provide perpetual source of income,'' for the people of the atolls.
Article 4 of the subsidiary agreement requires the Marshall Islands government to establish a claims tribunal to determine awards for further compensation. Although section 177 provides for the full and final settlement claims for this payment of $150 million, article 9 provides that the Marshall Islands government may petition the Congress for additional compensation based on changed circumstances. The Marshall Islands government has indicated its intent to file such a petition, and the administration stands ready to assist the Congress in its consideration of such a request.
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In addition to section 177, Congress authorized and funded several programs including resettlement programs for Bikini, Enjebi, and Rongelap, a USDA surplus food program, the work of the Department of Energy, and the Department of the Interior's agricultural and food program for Enewetak.
My colleagues from the Department of Energy will describe their program, and I would like to summarize briefly these other programs' effect on the four atolls.
Regarding Bikini, the Congress appropriated $90 million in 1988 for resettlement which was added to the $20 million appropriated in 1985. The legislative history notes that ''these funds are provided to the Bikinians so that they and not the United States government will be responsible for the management and the decisions involved in returning to their homeland.''
Representatives of Bikini have sought to know whether the United States government backs the 1996 report of the International Atomic Energy Agency on Radiological Conditions in Bikini. In a 1998 meeting with the Bikini leadership, Secretary Babbitt emphasized that the IAEA report was credible, reliable, and detailed and that the people of Bikini needed to consider the report's findings and then arrive at their own decision regarding the process and standards for resettlement.
Regarding Enewetak, the nuclear testing program heavily contaminated the atoll's northern half, and the southern islands were mostly covered by concrete for facilities used by the testing program. From 1977 to 1980, the United States government undertook a cleanup and resettlement program which included the atoll's revegetation. Revegetation continues under the Department of the Interior funded program.
For as long as the people of Enewetak need substantial amounts of off-island food, there will be a continuing need for supplemental Federal support such as provided by the USDA and the Department of the Interior programs. The Compact Act also established a $7.5 million resettlement trust fund for the Enewetak community of Enjebi island.
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Regarding Rongelap, a $45 million agreement to assist the people of Rongelap with resettlement was signed in 1996, and in 1998 the Rongelap government contracted for phase 1 of resettlement, which includes establishment of a base camp, the construction of essential infrastructure, and completion of remediation recommendations of the independent scientific management team.
The people of Utrik have the least significant rehabilitation problems and have secured the highest level of resettlement among the four atolls. The Congress did not provide a separate authorization for a resettlement program. Since 1993, the Office of Insular Affairs has reached a $45 million resettlement agreement with the government of Rongelap, regularly approved the budgets of Bikini and Rongelap governments, worked with the National Academy of Sciences and the Marshall Islands government nationwide radiological study, and has met regularly with the representatives from the four atolls.
Together we join our colleagues at Defense, Energy, and State in the faithful and active implementation of Federal responsibilities under the compact. Thank you.
Mr. YOUNG. Thank you, Mr. Stayman.
[The prepared statement of Mr. Stayman follows:]
INSERT OFFSET FOLIOS 1 TO 10 HERE
Mr. YOUNG. Dr. Campbell. You can wake up now. We are ready to go.
STATEMENT OF KURT M. CAMPBELL, DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR ASIAN AND PACIFIC AFFAIRS, INTERNATIONAL SECURITY AFFAIRS
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Dr. CAMPBELL. Just writing a last note, Mr. Chairman. I wanted to have it exactly right.
Thank you very much, Mr. Chairman, for this opportunity. I, too, will submit my testimony for the record and just make a couple of general remarks to save time for the panel for questions. I think, as you know, Mr. Chairman, and colleagues, that the Department of Defense has an absolutely unique role and unique responsibilities when it comes to the islands and the compact as a whole.
My testimony itself deals with the nuclear inheritance issues, and I will leave you to pursue that further if there is interest. I just want to say as we approach the renewal of discussions, negotiations about the compact, I believe that it is in the strong national security interest of the United States to maintain the full range of military access and security engagement with the islands.
It is our view that as we head into a critical period of testing and development of critical space systems and other aspects of the theater missile defense program, which both Congress and the administration feels is in the strong national interest of the United States and our key allies, that the role of the nations and the island nations will be absolutely critical in the next several years.
I must say that in the last several months and years that we have endeavored to do these tests, and when we have required more land and more area, that the Marshallese and the inhabitants of Kwajalein have been very responsible and very responsive when we have needed further area under short-term needs.
Let me make one final point, and then I will end before my time is up. I want to speak for a few minutes, if I can, about the central air services. Mr. Chairman, Congressman Miller in his opening statement made, I think, a very generous point that many members of the delegation, particularly from the Marshall Islands traveled a great distance to be here today.
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They not only traveled a great distance, they traveled also at great cost, and we must have to acknowledge a great inconvenience as well. Air lines and air service into the Marshall Islands are running now between two and three months booked in advance. It is virtually impossible to fly into the islands.
We have been involved at the Department in a lengthy and protracted discussion about the conditions, whereby we would be able to enlarge the number of stopovers at Johnston Atoll to allow greater passenger flow from the islands to Hawaii and to onward destinations of the United States. I am here to report today, Mr. Chairman and other Members, that we, I think, have arrived at some responsible steps that the USI can take on the safety side to assure that we will be able to rapidly begin discussions with the Marshallese to increase the number of flights through and into Johnston Atoll.
I will just tell you that this has been awhile in coming. I want to commend publicly particularly the representative of the Marshallese government who have been relentless in their pursuit of their own national and legitimate interest in my view.
I hope to be able to begin discussions in the weeks ahead to be able to meet the increase in air service that inevitably comes in the May, June, and July time frame. We are a bit tardy in this, but it is better late than never, Mr. Chairman. With that I will conclude.
Mr. YOUNG. Thank you, Dr. Campbell.
[The prepared statement of Dr. Campbell follows:]
STATEMENT OF DR. KURT M. CAMPBELL, DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR ASIAN AND PACIFIC AFFAIRS, INTERNATIONAL SECURITY AFFAIRS
Thank you Mr. Chairman. I am honored to join this distinguished assembly of Marshall Island and United States Government officials to discuss the status of nuclear claims, relocation and resettlement efforts of the governments of the four nuclear-affected atolls in the Marshall Islands. My responsibilities as Deputy Assistant Secretary of Defense for Asian and Pacific Affairs include the Freely Associated States, specifically the Republic of the Marshall Islands. While I have not visited the Marshall Islands, my staff has, and I have worked closely with the Republic of the Marshall Islands Embassy here in Washington.
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Background on the Defense Relationship
The Department of Defense has a deep appreciation of the current significance and past history of our special relationship with the Freely Associated States; the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau. We cannot, and should not, forget the price we paid in liberating these islands from Imperial Japan in World War II and the role some of the islands and peoples played in developing crucial U.S. defense programs in the 1950s and 1960s. Our relationship is founded upon the unique role of U.S. defense responsibilities to the sovereign nations of the Freely Associated States under the terms of the Compact of Free Association.
The Compact and subsequent agreements obligate the United States to provide for the defense of the Freely Associated States in perpetuity, unless mutually agreed upon to terminate the arrangement. We are committed to provide security to these nations and their peoples ''as the United States and its citizens are defended.'' This level of defense commitment goes beyond any other U.S. treaty or alliance. In return for this fundamental security guarantee and other DOD obligations, we retain the right for certain military uses and access, as well as the right to veto access to third countries.
In the absence of the Compact or the Security and Defense Relations Title of the Compact, the Mutual Security Agreement still provides for defense obligations, military access, and denial of military access by third countries. Although it may appear that the termination of the Compact would result in little change, it is clearly in the best interests of the U.S. to maintain the full range of military access and security engagement options the Compact provides. One of the most important aspects of the Compact is the foundation it provides for our day-to-day working relationship with the people of the Freely Associated States.
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In preparation for the upcoming Compact renewal negotiations, the Department of Defense has conducted a study to determine our defense interests in the Freely Associated States for the post-2001 era. This study, which will be finalized in mid-1999, has considered many issues of mutual concern, such as continued access, current and future threats, and roles the Freely Associated States may play in future scenarios.
The overriding defense interest in the negotiations will be continued use of the Kwajalein Missile Range and the facilities on Kwajalein Atoll. The requirements of our missile defense and space surveillance programs combined with the uniqueness of Kwajalein's location, infrastructure investment, and real world treaty restrictions, make this an issue of the highest priority.
Under the Military Use and Operating Rights Agreement, negotiated subsequent to the Compact, the United States retains the right to automatically extend the use of Kwajalein for an additional fifteen years to 2016. However, the Compact and use of Kwajalein are not that easily separated. While the agreements may be negotiated separately, proviso's of the Compact help provide the basis for the support of the Marshallese, who in turn provide not only much of the labor force, but also a positive local environment which is critical for continued success at Kwajalein.
If the goal of the Compact is to maintain a unique relationship with the Freely Associated States while helping them become financially self-sustaining democracies, then a renegotiated Compact, in some form, is in the best interests of the United States and the Freely Associated States. It will help the Freely Associated States continue to work toward their national goals, while serving our national defense interests.
Nuclear Claims, Relocation and Resettlement
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As part of the U.S. Government's acceptance of responsibility ''for compensation owing to citizens of the Marshall Islands . . . for loss or damage . . . resulting from the nuclear testing program . . . conducted . . . between June 30, 1946, and August 18, 1958,'' the Department of Defense participated in the clean up of Enewetak Atoll. Contaminated matter was deposited in Cactus Crater on Runit Island and the Army Corps of Engineers constructed a concrete dome over the crater for containment.
Pursuant to the terms of the Compact of Free Association, the Republic of the Marshall Islands bears full responsibility for maintaining and monitoring the dome and Runit Island. Any issues dealing with Runit dome are best addressed to the Department of Energy for technical expertise.
The Department of Defense has cooperated with the Republic of the Marshall Islands' quest for historical data dealing with nuclear testing and clean up efforts. Most recently, in the fall of 1997, the Embassy of the Republic of the Marshall Islands was authorized to communicate directly with the Defense Special Weapons Agency as a means to refine requests for both classified and unclassified information. To date, this working relationship has not been utilized.
The Department of Defense bears no obligations for matters dealing with relocation or resettlement.
Mr. YOUNG. Dr. Seligman.
STATEMENT OF PAUL J. SELIGMAN, M.D., M.P.H., DEPUTY ASSISTANT SECRETARY FOR HEALTH STUDIES, DEPARTMENT OF ENERGY
Dr. SELIGMAN. Thank you. Mr. Chairman, Members of the Subcommittee, I am pleased to be here today to discuss the Department of Energy's Marshall Islands program. My complete statement is provided to the Committee for the record.
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As you know, this program was created in response to congressional direction to help the citizens and the leadership of the Republic of the Marshall Islands address environmental and medical consequences of the U.S. Atmospheric Nuclear Weapons Testing Program.
Our program currently consists of two parts, which I will discuss in turn. The Environmental Monitoring Program is focussed on helping the peoples of the four northern atolls, Bikini, Enewetak, Rongelap, and Utirik, understand how radiation has affected their environment; develop ways to mitigate contamination and monitor the effectiveness of these mitigation strategies especially in resettled communities.
In addition to the environmental program, we have a special medical care program that provides for the identification and treatment of radiogenic-related diseases in the peoples of Rongelap and Utirik atolls who are exposed from fallout from the Castle BRAVO test. The environmental monitoring program began in 1972, but since its inception has been conducted by the Lawrence Livermore National Laboratory.
The program is led by Dr. William Robison, who, I understand, is in the Marshall Islands today doing sampling and will not be part of the panel. This program has sponsored detailed environmental monitoring and agriculture research to characterize the current radiologic conditions on those four northern atolls.
To date the U.S. Government has expended a total of more than $45 million towards this goal. Scientists have collected and analyzed more than 48,000 vegetation samples, 8,000 marine organism samples, 45,000 soil samples, in addition to numerous other animal, water, and aerosol samples.
Through this work we now have an accurate characterization and understanding of the nature and extent of radiation contamination in the northern belt atolls. The scientific data support a number of scientific and public health conclusions and recommendations regarding resettlement and land use in the northern atolls.
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The primary conclusions are as follows: first, the Utirik people can continue to live on their atoll without concern that their health will be affected by radiologic exposure from residual contamination from weapons testing.
Second, the Rongelap people can also choose to resettle without concern that their health will be affected by radiologic exposure from residual contamination if they do two things: one, conduct a limited scrape of surface soils in the village areas; and, two, apply potassium fertilizers to areas where food is growing. This mitigation technique is called the combined option and is the basis for the Rongelap resettlement program being implemented today.
Third, the Bikini people may also choose to resettle without concern that their health would be affected by residual nuclear radiologic contamination if they, like Rongelap, apply the combined option.
Finally, the Enewetak people who have been resettled on the Enewetak atoll since 1980 can continue to live on their atoll without concern that their health will be affected by radiologic exposure.
Bioassay and whole-body counting results have independently confirmed this conclusion for the Enewetak people. We believe our studies have provided timely, relevant, and credible environmental data and have undergone extensive and independent national and international scientific peer review.
This work, together with independent environmental reviews supported by trust funds to the Department of Interior provide a firm foundation from which the Republic of the Marshall Islands government and their people can make informed decisions about resettlement and land use.
The environmental sampling and agriculture studies will be complete over the next two years. My office stands ready to address the needs, concerns, and questions of the RMI and local atoll governments regarding radiologic monitoring as circumstances evolve.
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We recently signed a memorandum of understanding with Rongelap to support monitoring during current resettlement activities and stand ready to support similar activities on other atolls and islands as needed.
In conclusion, then, we think our environmental studies carried out over the years provide the solid information and firm foundation that the people of the government of the Marshall Islands need to make informed decisions about how to resettle and use their lands.
I am not going to talk now because my time is limited about our medical program, but suffice to say that we have also through our medical program provided a program that is responsive to the needs of the community by providing preventative, innovative health care for the mandated population, enhancing delivery capabilities, involving the communities in the design of that program, and ensuring our new medical program is coordinated with other health agencies to leverage assets and improve overall health care service.
Mr. Chairman, I thank you for this opportunity to share the current status of our environmental program, and I would be pleased to answer any questions.
Mr. YOUNG. I thank the gentleman.
[The prepared statement of Dr. Seligman follows:]
STATEMENT OF DR. PAUL J. SELIGMAN, M.D., M.P.H., DEPUTY ASSISTANT SECRETARY FOR HEALTH STUDIES, U.S. DEPARTMENT OF ENERGY AND CAPTAIN, MEDICAL DIRECTOR, U.S. PUBLIC HEALTH SERVICE
Mr. Chairman and members of the Committee, I am pleased to be here to discuss the Department of Energy (DOE) Marshall Islands program. As you know, this program was designed and created in response to Congressional direction to help the citizens of the Republic of the Marshall Islands (RMI) with the environmental and medical consequences of the United States atmospheric nuclear weapons testing program. I also appreciate this opportunity to broaden the dialogue between the U.S. and the RMI so that we can better address needs of the local communities, consistent with our budget and within the framework of our mandate.
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The atmospheric nuclear weapons test code-named ''Castle BRAVO'' was conducted at the Bikini atoll in 1954. The test inadvertently deposited radioactive fallout on 253 residents of the Rongelap and Utrik atolls. Medical care was provided for these individuals in the days immediately following the test by U.S. Navy physicians. When these physicians moved to Brookhaven National Laboratory (BNL) in 1956, the responsibility for caring for this group followed them. Medical care under the aegis of DOE and its predecessors continued through 1986 and the Congressional enactment of Public Law 99-239, Section 103(h) of the Compact of Free Association Act which mandated continuing this special medical program. Additionally, Public Laws 95-134 and 96-205 require environmental monitoring to characterize the radioactivity remaining at the four atolls of Bikini, Enewetak, Rongelap, and Utrik. These monitoring programs began in 1972-73 at Enewetak atoll and continue through the present.
Under these laws, DOE continues to provide two distinct services to the Republic of the Marshall Islands: environmental monitoring and special medical care. The environmental monitoring program is focused on helping the peoples of the Bikini, Eniwetok, Rongelap, and Utrik atolls understand the effect of radiation on their environment, develop methods to mitigate contamination, and monitor the effectiveness of mitigation strategies especially in resettled communities. The special medical care program provides for the identification and treatment of radiogenic-related diseases that have occurred in the peoples of Rongelap and Utrik atolls that were exposed to fallout from the Castle BRAVO weapons test.
DOE Marshall Islands Environmental Monitoring Program
For 27 years, the environmental monitoring program has been conducted for the DOE by its Lawrence Livermore National Laboratory (LLNL). The program has sponsored detailed environmental monitoring and agricultural research studies to characterize current radiological conditions at the Bikini, Eniwetok, Rongelap, and Utrik atolls. Since the inception of the program in 1972, the U.S. government has expended more than $45,000,000 toward this goal.
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The program is led by Dr. William Robison, Scientific Director of the Marshall Islands Dose Assessment and Radioecology Program at Lawrence Livermore National Laboratory. I will defer to him today to describe the detailed scientific conclusions of his studies in the environmental area. But I would like to summarize the Department's views of his work.
Dr. Robison and his colleagues from Lawrence Livermore National Laboratory have assembled an unprecedented team of international scientific experts from around the globe to carry out this program. Since this work began, its expressed purpose has been to answer the difficult questions about radiation contamination in the Marshall Islands. This work has become the standard by which dose assessment and radioecology programs are measured today.
The environmental monitoring process conducted by LLNL consists of extensive field sample collection and laboratory analysis. To date, some 48,147 vegetation samples, 8,741 marine organism samples, 25,632 soil/sediment samples, 586 terrestrial animal samples, 1,373 water samples, and 61 aerosol samples have been collected and analyzed by LLNL. Also, agricultural research studies centered on Bikini Island have provided important insight into possible mitigation strategies that will help reduce the uptake of radionuclides in locally grown food products.
Key Scientific Findings
Through the work of Dr. Robison and his team, we now have an accurate characterization and understanding of the nature and extent of radiation contamination in the northern belt atolls of Bikini, Eniwetok, Rongelap, and Utrik. Dr. Robison's work, while not yet complete in several key areas, has produced scientific data that support a number of conclusions and recommendations. I emphasize to the Committee that these recommendations are based solely on the scientific data, and do not consider other factors that will ultimately affect decisions of the Marshallese peoples.
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• The Utrik people can choose to live on their atoll without concern that their health will be affected by radiological exposure. A final environmental report for Utrik is scheduled for publication in July 1999.
• The Rongelap people could choose to resettle without concern that their health will be affected by radiological exposure if they (1) conducted a limited scrape of surface soils in the village areas and (2) apply potassium fertilizer to areas where food is growing. This mitigation technique, referred to as the combined option, is the basis for the resettlement program being implemented at Rongelap today. We have recently entered into a Memorandum of Understanding with the Rongelap leadership to provide radiological monitoring of the ongoing resettlement activities.
• The Bikini people could choose to resettle without concern that their health will be affected by radiological exposure if they, like the Rongelap, (1) scrape the village areas and (2) apply potassium fertilizer to food growing areas.
• The Enewetak people have been resettled on Enewetak atoll since 1980. Bioassay and whole body counting results have confirmed that radiation doses on Eniwetok Island, where resettlement has occurred, are at or near world background levels and present no health consequences to the population. If the Enewetak people decide to resettle Enjebi Island, DOE recommends using the combined option as at Rongelap and Bikini atolls for mitigation.
Credibility of the Science
Since the beginning of the LLNL program, the scientific resultant studies have undergone extensive independent scientific peer review.
In the mid-1980s, Public Law 97-257 (House Report 90-450) directed that the Office of Territorial and International Affairs, U.S. Department of the Interior establish the Bikini Atoll Rehabilitation Committee (BARC). The BARC was to work with the Bikini people to determine the feasibility and estimated cost of cleanup of Bikini Atoll. An interim report was issued on November 23, 1983 which was followed by their March 31, 1986 report. Copies of both reports will be provided for the record.
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• From 1992-1994, DOE funded a study by the National Research Council of the National Academy of Science to evaluate the appropriateness of analytical techniques, ingestion and inhalation models, and proposed remedial actions to support resettlement of the Rongelap atoll. A copy of their report, entitled Radiological Assessments for Resettlement of Rongelap in the Republic of the Marshall Islands, is provided for the record.
• In 1994, the Rongelap local government asked a distinguished international panel of experts (known as the Scientific Management Team) to determine compliance with agreed limits for total annual dose-rate on Rongelap Island and actinide contamination of soils on Rongelap islands and neighboring islands. Their report, entitled Summary of First Phase, is provided for the record.
• In response to U.S. Congressional hearings in 1989 and 1990, a committee of renowned scientists, chaired by Henry I. Kohn, Ph.D., was convened to provide insight and recommendations on potential resettlement of Rongelap atoll. Data from LLNL's environmental monitoring program was reviewed and became the basis for the committee's findings. A copy of their report, entitled Rongelap Reassessment Project Report, is provided for the record.
• In 1995, the International Atomic Energy Agency (IAEA) established an IAEA Advisory Group to provide independent review of Bikini atoll environmental data generated by LLNL. The Advisory Group, convened at the request of Bikini Senator Henchi Balos, examined proposed actions to enable Bikini resettlement. A copy of their report, entitled Radiological Conditions at Bikini Atoll: Prospects for Resettlement, is provided for the record.
• Since 1995, Dr. Hertwig Paretzke, Director of the Institute for Radiation Protection, Neuherberg, Germany, has consulted with the Bikini people and Dr. Robison to help the people of Bikini better understand the facts about residual radioactivity in the environment and in the foods at Bikini. They have explored numerous options that might best serve resettlement of Bikini.
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I believe that Lawrence Livermore's work has provided timely, relevant, and credible environmental data. Environmental data from Lawrence Livermore's work, together with the independent environmental reviews made possible by trust funds provided through the Department of the Interior, provides a firm foundation from which the Republic of the Marshall Islands government and their people can make informed decisions about resettlement and land use.
As DOE completes the bulk of the environmental sampling and agricultural studies over the next two years, we will continue to consult with the RMI and the local atoll governments. We will continue our record of being responsive to their questions, concerns, and needs, and hope to continue our part in answering scientific questions about radiological contamination in the Marshall Islands environment.
The DOE Marshall Islands Special Medical Care Program
In addition to the environmental monitoring program, the Department funds a special medical care program in response to Congressional direction. This program provides treatment for radiogenic-related diseases for the group of people in the Rongelap and Utrik atolls who were exposed to fallout from the Castle BRAVO weapons test. Public Law 99-239 defines the program as follows:
. . . the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto to the remaining 174 members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear 'BRAVO' test, pursuant to Public Laws 95-134 and 96-205. Such medical care and its accompanying logistical support shall total $22,5000,000 over the first 11 years of the Compact.
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The program's primary objective is to provide
Of the 253 individuals originally exposed to fallout from Castle BRAVO, 130 individuals remain. In addition, 109 individuals who were residents of the affected atolls but were not directly exposed to the BRAVO fallout (being elsewhere at the time of the test) are included in the program. Today, 239 people are covered by DOE's special medical care program.
Key Program Strategies
Until June 1998 and for the previous 44 years, medical care has been provided to the Rongelap and Utrik beneficiaries of the program by a team of U.S. doctors led by Brookhaven National Laboratory (BNL). The BNL team visited the Marshall Islands semiannually for medical missions lasting four to six weeks. While beneficial, it provided only intermittent medical care to the mandated patients and had limited prospects of making sustained contributions to either their health or public health in general.
Beginning in 1996, DOE, the RMI government, and the local governments of the Rongelap and Utrik atolls began a process to design a new medical care program that would be more responsive to the needs of the beneficiaries. Representatives from each group were involved at each critical juncture of the process, including the design of the new program, development of the Request for Applications, and review of the applications.
This effort led to a new program, implemented in August 1998, that is run by the Pacific Health Research Institute (PHRI) in Honolulu. This multi-faceted program has a number of first year strategies and goals that include:
• Providing preventative and innovative healthcare for the mandated population to improve their health status,
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• Enhanced continuity in the delivery of healthcare;
• Establishment of a community advisory process for the program;
• Delivery of healthcare in a culturally appropriate manner;
• Coordination with other health agencies in the RMI to leverage assets and improve overall service
PHRI clinics are located on Kwajalein Island and in Majuro. Local Marshallese physicians and nurse supervisory personnel can see patients daily. Complementing the Marshallese physicians and nurses are a number of U.S. trained physicians working with Straub Clinic and Hospital, Kaiser-Permanente, Wahiawa General Hospital, and the University of Hawaii John A. Burns School of Medicine. These individuals rotate through the clinics once a month for a two-week period, and assist the Marshallese physicians in providing both primary and specialty care to the mandated population. PHRI also uses senior family practice residents on monthly rotations from the University of Hawaii John A. Burns School of Medicine's Department of Family Practice and Community Health for additional support and assistance.
Even though the new DOE/PHRI medical care program is still taking root, we feel that it strengthens our ability to carry out the Congressional mandate and holds great promise to build a Marshallese health care program with potential for long-term self reliance.
Public Involvement/Openness
DOE has committed itself to be responsive to the questions, concerns, and needs of the Marshall Islands people. DOE has worked toward this goal by actively listening to the central and local governments and their communities, effectively giving them a voice in determining the future direction of the Marshall Islands program. DOE routinely publishes the results of its scientific environmental work in the public domain. DOE is also well underway in honoring its pledge to disclose all DOE controlled information and documents related to the nuclear weapons testing in the South Pacific previously unavailable to the public. Examples of DOE's actions in these regards follow:
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• DOE maintains a full time presence in Honolulu whose express purpose is to provide day-to-day operations interface with the RMI and local atoll government representatives in the U.S. Embassy in Majuro, M.I.
• Since 1990, DOE has engaged the local leadership and community members from Bikini, Eniwetok, Rongelap and Utrik in over 30 community meetings to discuss the results of scientific reports as they were completed. During one such meeting, community representatives expressed their confusion and displeasure over DOE's historical use of the term ''exposed'' when referring to persons other than the mandated population served by the special medical care program. In consultation with the concerned parties, DOE responded in November 1998 with a letter clarifying its use of the term ''exposed'' as it appears on section 103 (h) of the Compact of Free Association.
• Since 1993, DOE has hosted an annual meeting between the Department, the RMI central government, and government representatives from Bikini, Eniwetok, Rongelap and Utrik to discuss program strengths and weaknesses and needed corrective actions. For example, at the 1994 annual meeting, the Eniwetok local government requested assistance conducting a radiological survey of Runit dome. DOE conducted the requested survey and presented the results to the Eniwetok representatives. These results were subsequently published in the July 1997 special Marshall Islands edition of the Health Physics Journal.
• In October 1998, DOE and representatives from the RMI Government and the Bikini, Eniwetok, Rongelap and Utrik atolls, agreed on an action plan to assist the four communities in their current or future resettlement plans. Coming from that meeting was the framework for the Rongelap/RMI/DOE Environmental Monitoring Memorandum of Understanding, now agreed to and being implemented by the parties to assist in Rongelap resettlement activities.
• To date, LLNL has published 37 scientifically peer-reviewed reports providing scientific information and conclusions on the radiological environment at the Bikini, Eniwetok, Rongelap and Utrik atolls. Each report was provided to the RMI Government and to each of the affected atoll communities. Copies are available for the record.
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• In 1997, DOE sponsored a special edition of the Health Physics Journal, entitled Consequences of Nuclear Testing in the Marshall Islands. This publication, a compendium of peer-reviewed articles by scientists from around the world who have worked in the Marshall Islands, is the first comprehensive collection of environmental and medical-related information related to the Marshall Islands saga.
• In 1996, DOE implemented an aggressive program to make available, through the Department's website, more than 1,000,000 document pages concerning nuclear weapons testing in the South Pacific. This electronic medium permits direct access by the RMI and the public to this important information.
• In 1997, DOE provided a two-year, $45,000 grant to the RMI Embassy in Washington to enable Marshallese personnel to access data electronically on the internet and to access and use the DOE/Department of Defense Center for Coordination and Information in Las Vegas, Nevada.
Over the past five years, DOE has provided in hard copy to both the RMI Embassy in Washington, D.C. and through the American Embassy in Majuro to the RMI Minister of Foreign Affairs and Trade, 77 boxes of documents relating to the nuclear testing era.
Conclusions
DOE believes that LLNL's work is providing timely, relevant, and credible environmental data. This information, together with the independent environmental reviews made possible by resettlement trust funds provided through the Department of the Interior and the Nationwide Radiologic Survey conducted independently by the Marshall Islands Nuclear Claims Tribunal, provides a firm foundation from which the Republic of the Marshall Islands government and their people can make informed decisions about resettlement and land use. As DOE completes the bulk of the environmental sampling and agricultural studies over the next two years, we will continue to consult with the RMI and the local atoll governments. We will continue to be responsive to their questions, concerns, and needs, and to maintain a presence in the Marshall Islands as long as we can contribute to addressing scientific questions about radiological contamination in the Marshall Islands environment.
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Similarly, DOE's new special medical care program begun last year is breathing renewed life into the healthcare system by providing preventative and innovative healthcare for the mandated population, enhancing healthcare delivery capability, involving the communities, and coordinating with other health agencies to leverage assets and improve overall healthcare service. Even though the new DOE/PHRI medical care program is still taking root, it has already shown that it holds great promise to build a Marshallese health care program with potential for long-term self reliance.
DOE's Office of Environment, Safety and Health has administered the Marshall Islands Medical Program since 1990. Our office is unique within the Department because its staff includes experts in radiation safety and public health. We have worked hard to carry out a successful and responsive Marshall slands environmental and medical care program while balancing our concerns for program efficiency and effectiveness.
Mr. Chairman, I thank you for this opportunity to share the current status and progress of our environmental and medical care programs in the Marshall Islands. I would be pleased to answer any questions.
Mr. YOUNG. I want to thank the panel. Mr. Boyce, you stated, or indicated, the State Department will establish an office for the special negotiator. When will that begin, and how long do you expect that to be in existence, and where it will be housed?
Mr. BOYCE. We will have it up and open on June 7, Mr. Chairman. As I mentioned, my colleague, Al Stayman, will be the special negotiator to be heading up that shop. We expect that we will have ten professional staff drawn from the interagency working group, and the offices will be physically in the Department of State.
And as far as how long we expect the office to be up, that really is going to depend on how the renegotiation goes; but with Al at the helm, I anticipate that should be a speedy and efficient process.
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Mr. YOUNG. Talking about negotiations, isn't that going to put an imposition upon the Marshallese as far as distances, or are they going to have to—how is that going to be handled?
The gentleman from the Defense Department talked about the new air traffic. Is that going to take care of that problem? We are trying to negotiate from a position period of the State Department. I guess, in the first place, I can't quite figure out what we are negotiating yet and what position the administration will have in this whole program.
It is going to be an awful big imposition, I think, for the people and the government of the Marshall Islands to be flying back and forth to Washington, DC. Or will there be a head-hunter doing the work for them?
Mr. STAYMAN. Mr. Chairman, as a matter of fact, we also had some informal discussions. We weren't really anticipating a lot of meetings in DC or in the Marshall Islands. Perhaps we could—Hawaii or the West Coast where it would be mutually convenient and inconvenient and share that burden.
Mr. YOUNG. Okay. Doctor, on the health end of it, other than the nuclear, are you studying other aspects of the health challenges and the results of some of our relocation and diets that have occurred in the Marshall Islands?
Dr. SELIGMAN. No, we have not.
Mr. YOUNG. Are there other agencies within our government helping the Marshallese in this endeavor?
Dr. SELIGMAN. Mr. Stayman, do you know the answer to that question?
Mr. STAYMAN. Not to my knowledge.
Mr. YOUNG. Does anybody else want to address that issue? There are some health problems that have occurred especially, I believe, on Enewetak and other areas because of the change in diets. Is that a correct statement?
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Mr. STAYMAN. Yes. I could make a brief comment. One of the things that we are seeing in the expansion of the radiological health care programs, we believe, is a reaction to the generally poor health care available to the general public; that there is certainly political pressure and pressure personally to get enrolled in these medical programs. In fact, there are general public health problems mainly associated with diet.
Mr. YOUNG. I have been out there twice now. I think the thing that sort of bothers me the most is the relocation and the imposition upon these people was the result of our testing 64 times nuclear capability.
Now, a change in the wind was something that was unforeseen. Like bombing the Chinese embassy, we used old maps. I had to bring that up. But I want the administration and the State Department and everybody involved, because this is a crucial area, to understand that the problems this small group of people are faced with were basically created by ourselves.
The relocation itself—and now we are talking about they can go back and live on the island safely, et cetera, et cetera. But unless we help provide things that they have become used to, they are not going to relocate. That is something that is a natural thing.
Electricity is crucially important. The ability to have TV is crucially important. Things that people become used to are just not going to pick up and go back as we think they ought to go back to the way they were prior to the testing. I think that is part of our responsibility.
We started this mess under the guise of defending ourselves, and I think that we have the responsibility to do everything possible to make sure that we encourage, through additional attractive medical care, electricity capabilities and those type things. Otherwise you are going to have the same problem they are faced with right now.
Mr. Boyce? I see you nodding your head.
Mr. BOYCE. I concur. In fact, I think that you asked earlier that you were not quite sure what we were going to be negotiating or renegotiating. I think the original intent of the compact was not just to provide for the defense of the islands and keep the status quo going on forever.
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It was also to provide a substantial transfer of resources to provide for the economic development and hopefully the self-sufficiency of the islands. As we go into the renegotiation, obviously we are going to be taking a good close look at the $3 billion that has been spent over the 12 years so far, how much of that was spent intelligently and how much needs to be redirected.
Some of the comments you made about providing the kind of infrastructure and facilities that will be conducive to going back will be considerations in all of this as well. I very much take your point.
Mr. YOUNG. My time is up. Mr. Miller.
Dr. SELIGMAN. I just wanted to make a comment, Mr. Chairman. I agree with you, Mr. Chairman. I believe strongly that the public health and medical problems and needs of the Marshall Islands go well beyond those that my office has focussed on in a fairly limited fashion which are those related to radiologic exposure.
I think you are right on the mark. There are bigger public health and medical needs and problems that should be and need to be focussed on in the Marshall Islands that we have not, to date, focussed on.
Mr. YOUNG. Thank you, Doctor. Mr. Miller.
Mr. MILLER. Thank you, Mr. Chairman. I might just follow up on that point. I was going to start the other way—let me follow up on that point. Dr. Seligman, you state really without qualification on page 2 of your statement that resettlement or choosing to live on these various atolls can be accomplished without concern for their health.
I don't want to put words in your mouth, but that is essentially what you are saying there. You go on to say that you are—I don't want to use the word comfortable, but with the peer review that these studies—the conclusion of these studies have drawn and the peer review of those studies. Is that accurate?
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Dr. SELIGMAN. That is correct. Without concern that their health will be adversely impacted by radiologic exposure.
Mr. MILLER. From time to time I believe it's been raised with us, I know; but I don't know if it has been raised with you. There was some concern, I think people had a lot of confidence in Dr. Robison and the people of Lawrence Lab.
In the collection of data, there was some question of whether or not the people of the Marshall Islands and leaders and others were comfortable with the analysis of that. But that has all been—they may raise that point when they come up. Do you know if that is a controversy still? Is that still an area of concern?
Dr. SELIGMAN. The environmental data have been peer-reviewed by the International Atomic Energy Agency, the National Academy of Sciences and others. To my way of looking at it, I think the data are credible, that there is——
Mr. MILLER. Let me ask you this. That is what your statement says. But whatever controversy there has been over the analysis of that data, has that been put to rest or does that continue, from what you know?
Dr. SELIGMAN. To be honest, I am not sure what the controversy is regarding the analysis of the data.
Mr. MILLER. Let me ask you—and maybe the other panel can raise the issue—but let me ask you in the context. As far as your testimony is concerned, all of the analysis has been subjected, on which you base these conclusions, has been subjected to what you consider high-quality critical peer review. Is that accurate?
Dr. SELIGMAN. That is correct.
Mr. MILLER. I think the other panelists may raise some questions about that. One last point. There was some suggestion that they wanted yet another independent analysis of this data. Where would you go that would be different than where it has been subjected to peer review? How would that be accomplished if that was to come about?
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Dr. SELIGMAN. I think there are numerous experts nationally and internationally that the Marshallese could turn to to get advice. I think you will have people on subsequent panels that they have already turned to to get such advice. I think that is——
Mr. MILLER. Okay. All right. Now, having gone through a base closure, you are now sensitive to the idea of what is clean. The people paying for it think one threshold and the people getting it are thinking of another threshold generating these base closures.
Are we using the same standards in terms of cleanup of this facility as we are for nuclear weapons development sites? Is this a different standard out there, or is this the same standard that we would use in the United States?
Dr. SELIGMAN. There are, as I am sure that you are aware, multiple standards out there. There is an EPA standard; there is an NRC standard; there is a standard that we have used previously, the IAEA. Our role, essentially, is to conduct the environmental sampling and monitoring, to provide those data to the Marshallese, and to let them make a determination as to what standard they would like to use in making decisions——
Mr. MILLER. Is that being done in compliance with the EPA standard or the DOE's?
Dr. SELIGMAN. The Department of Energy doesn't have a standard. There are other agencies that have standards.
Mr. MILLER. We are learning about a lot of the activities, but we will let that go, too.
Dr. SELIGMAN. Sure. Are you implying that the Department of Energy should have——
Mr. MILLER. I want to know when we talk, when we collect the data and we do the analysis, are we comparing or subjecting the environment of the Marshallese to the same standard that we would expect our constituents in the continental United States to be subjected to?
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Dr. SELIGMAN. Again, my office doesn't subject the data to a particular standard. We simply describe——
Mr. MILLER. Would one of the other panelists tell us? If we decided the people in my congressional district have to live within EPA standard or DOE standards, have we made that same determination about the people in the Marshall Islands?
Mr. YOUNG. Nobody is saying.
Dr. SELIGMAN. I think the Marshallese are fair to use whatever standard they wish.
Mr. MILLER. No. It is not about what standards they use. It is about when you draw the conclusion, and you are taking Rongelap and Bikini and Enewetak and elsewhere; and you draw these conclusions—I'm asking you based upon what standard was used as to what is clean and what is healthy environment—is it the same standard that would be used for my constituents or is it a different standard? It is not what the Marshallese chose. You are giving them advice based upon Dr. Robison's work; is that not correct?
Dr. SELIGMAN. Based upon what we know of the health impacts of radiologic contamination, that is correct.
Mr. MILLER. So now I am only asking is what you know based upon this—is this based upon standards that we as Members of Congress would expect if we were under an EPA cleanup or DOE cleanup? Are they the same?
Dr. SELIGMAN. Or an NIC cleanup? IAEA? I'm not exactly sure which standard you are applying.
Mr. MILLER. You know exactly what I'm saying. I am asking you whether or not those standards are the same when they are used in the cleanup in congressional districts in the States. If we use the standards of IAEA or if we use the standards of DOE or if we use the standards of the NRC, are those the same standards that are being used there? Is it simple now?
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Dr. SELIGMAN. The same standards upon which I used to evaluate our data, yes.
Mr. MILLER. They are the same. That is what I have been asking you for 5 minutes. Are they parallel standards and are they the same? The suggestion has been that, in fact, they are not. The higher dosages have been accepted, the higher millirems of residual have been accepted than the standards that we would use in a similar situation in the United States. That is not accurate?
Dr. SELIGMAN. Of course not.
Mr. MILLER. Okay. Thank you.
Mr. YOUNG. The gentleman from California, Mr. Doolittle. You don't have to ask any questions if you don't want to.
Mr. DOOLITTLE. I will pass.
Mr. YOUNG. The gentleman from American Samoa.
Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. Mr. Chairman, I ask for unanimous consent that my statement be made part of the record.
Mr. YOUNG. Without objection so ordered. That is automatic for everybody, so your statements are made——
STATEMENT OF HON. ENI F.H. FALEOMAVAEGA, A REPRESENTATIVE IN CONGRESS FROM AMERICAN SAMOA
Mr. FALEOMAVAEGA. Mr. Chairman, I also want to commend you for taking a bipartisan congressional delegation recently to visit the Republic of the Marshall Islands. I think it was a very important lesson for the Members of this Committee to see firsthand what we have been trying to deliberate upon and, hopefully, to provide some kind of resolution for this very serious problem affecting the health needs of the people of the Marshall Islands.
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I want to thank Mr. Boyce for his statement, certainly members of the panel, and wish to convey my best regards to Assistant Secretary Stanley Roth and Secretary Boyce for moving ahead with the negotiations of the Marshall Islands and I'm very pleased that our good friend, Mr. Stayman, has now taken the helm of this important matter to discuss and to negotiate with the Marshall Islands and the compact.
[The prepared statement of Mr. Faleomavaega follows:]
STATEMENT OF HON. ENI F.H. FALEOMAVAEGA, A DELEGATE IN CONGRESS FROM THE TERRITORY OF AMERICAN SAMOA
Thank you very much for calling this hearing to review the longterm effects of America's nuclear testing legacy on our close friends and longtime allies, the good people of the Republic of the Marshall Islands. Our great Nations owes an immense debt to the Marshallese people for their tremendous sacrifices that directly contributed to, and continues to contribute to, America's nuclear deterrent and ballistic missile defense.
Today, Mr. Chairman, under your guidance, we examine the status of the nuclear claims by our Marshallese friends, and the uprooting, relocation and resettlement of their families and villages between the atolls and islands of the Republic of the Marshall Islands.
In support of these crucial efforts, Mr. Chairman, I thank you deeply for recently leading a Congressional Delegation to see first-hand the unresolved problems caused by America's nuclear weapons testing program conducted over many years in the Marshall Islands.
For those of us who have been working on this issue for quite some time, we know the seriousness and extent of the problems, but there just has never been enough attention brought to the problem to get it adequately addressed.
Mr. Chairman, the actions of the United States Government have caused the people of the Republic of the Marshall Islands immense harm which continues to this day. With tens of atmospheric tests of atomic and thermo-nuclear weapons, we have made uninhabitable due to nuclear radiation much of these people's homelands. We have disrupted their lives by removing them from their homelands and in some cases they have yet to return out of fear for their physical safety should they return.
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With the recent declassification by the Department of Energy of previously classified documents, we now know that the U.S. Government hasn't always been candid and forthright with the people of the Marshall Islands. Because of what some would consider callous disregard, and perhaps duplicity, for the well-being of the residents of the Marshall Islands, they no longer trust our government to do the right thing by them. After a preliminary review of the facts, I can understand why our Marshallese friends feel this way.
Throughout this time, the United States Congress has provided the Marshalles people their only hope for a just settlement, and they are again looking to the Congress to provide proper oversight of the efforts within the Departments of the Interior, Energy and State to make their homelands safe, allowing them to return to their native lands.
Mr. Chairman, this whole process has taken much too long and in this time of expected U.S. budget surpluses from which the House of Representatives has ad hoc allocated $12.9 billion dollars for Kosovo and defense concerns—we really have no excuse for not addressing these serious problems which we have caused with the good people of the Marshall Islands.
Mr. FALEOMAVAEGA. I want to ask Dr. Seligman as a follow-up of what the gentleman from California was trying to raise here. Dr. Seligman, am I pronouncing your name correctly? I have the same problem with my name.
Dr. SELIGMAN. Seligman. Thank you.
Mr. FALEOMAVAEGA. If I were exposed—if I know for a fact that I was exposed seriously to nuclear contamination, let us say even to this day, and I want the best doctors and the best hospital in the world to take care of me, where would I go? For a full examination, high tech, the best experts that I could find in the world to make sure that they know what the hell they are talking about as far as my health is concerned if I have been exposed to nuclear contamination.
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Dr. SELIGMAN. I don't think in my mind there is one place that I would necessarily have you go to. I think there are many centers and many experts within the United States that would satisfy that.
Mr. FALEOMAVAEGA. I am leading up to that question, Dr. Seligman. You mentioned that Dr. Robison is currently conducting a comprehensive environmental and agricultural sampling, soils and all of that. His report will not be available—within two years maybe it will be completed?
Dr. SELIGMAN. Our work at Bikini will be completed in two years.
Mr. FALEOMAVAEGA. My question, Dr. Seligman, is we are doing so much about the substance of the soils, the environment of the islands, but what are we doing with the people? Are you aware of the fact, sir, that the people in Utirik are the most contaminated people that were exposed to a nuclear testing as a result of the series of the Castle detonations that we did in the 1950s?
Dr. SELIGMAN. I don't believe that to be correct, sir.
Mr. FALEOMAVAEGA. Then correct me.
Dr. SELIGMAN. I don't think they were the most heavily exposed. I think the people who were closer in Rongelap were more heavily exposed than those in Utirik.
Mr. FALEOMAVAEGA. How far is Utirik from Rongelap?
Dr. SELIGMAN. I would have to rely on some other experts, but I believe it is two to three hundred miles.
Mr. FALEOMAVAEGA. How far is Utirik from the nuclear testing of the BRAVO test that was conducted in 1954?
Dr. SELIGMAN. Again, I believe it is a similar distance.
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Mr. FALEOMAVAEGA. Were you aware of the fact that after the nuclear testing the people of Utirik were taken back again to their islands to live there as a difference to the fact that the people of Rongelap were taken off of their islands when this BRAVO test had taken place?
Dr. SELIGMAN. I am not particularly familiar with that information, no.
Mr. FALEOMAVAEGA. I would like to ask, Dr. Seligman, what is the Department of Energy doing in finding some way to comprehensively examine the health needs of these, people especially those that have been exposed to the testing since the 1950s?
Dr. SELIGMAN. We do have a Marshall Islands medical program that has been in existence since 1954 that does provide medical care and examinations for those who were exposed to Rongelap and Utirik. That program is still ongoing.
Mr. FALEOMAVAEGA. Sir, that doesn't help me, Dr. Seligman. I am very, very concerned that we have been doing a lot of flip-flops about providing the best medical health care needs for these people.
That is the reason why I asked in my previous question, my first question, if I were to take 600 people exposed to nuclear testing, as a result of our nuclear testing program, where can I go to take these people to be fully examined to see if they don't have thyroid cancer, leukemia, and all of these other after effects that has happened to these people since we bombed these islands in the 19950s? Where would I go today to get more conclusive evidence as to their status? Don't you think that maybe the Japanese might have better medical care for people who have been exposed to nuclear testings?
Dr. SELIGMAN. You are asking me about the Japanese medical care system? I am not in a position to reply to that.
Mr. FALEOMAVAEGA. Mr. Chairman, my time is up. I am sorry I will have to pass for the next round.
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Mr. YOUNG. All right. Mr. Udall. I take that back. Mr. Gibbons.
Mr. GIBBONS. No questions.
Mr. YOUNG. Mr. Udall. Either one.
Mr. TOM UDALL. I would like to yield to the gentleman.
Mr. FALEOMAVAEGA. Thank you very much. I thank the gentleman for yielding.
Dr. Seligman, we are just trying to be helpful. If I could ask all of the members of the panel, would you agree as a consensus that now due to recently exposed evidence of facts and materials that have been declassified from the Department of Energy that there were more people in the Marshalls that were exposed to nuclear contamination than were thought of maybe since the 1950s?
Would you agree that due to the evidence that has now been declassified that more people in the Marshalls have been exposed to nuclear contamination than were thought of as there was before in the 1950s?
Mr. STAYMAN. What the new information allows us to do is to quantify better the level of contamination. It is fair to say that we have a better idea statistically of what the exact amounts of radiation were. I believe that is a fair statement.
Dr. SELIGMAN. I don't think there is any question in terms of the number of people that were exposed. Not only were the people of the Marshallese exposed, but the fallout from the atmospheric testing went worldwide. I would agree with Mr. Stayman. It has nothing to do with the numbers of individuals, but actually the quantity of exposure.
Mr. FALEOMAVAEGA. It has nothing to do with the number of individuals as it is to the quantity of exposure?
Dr. SELIGMAN. Right. The number of individuals who were exposed back then is the same then that we are aware now.
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Mr. FALEOMAVAEGA. There were 150 people in Utirik atoll that were brought back to their island after the BRAVO test. Utirik atoll is approximately the same distance, 100 miles, as was Rongelap.
For the benefit of my colleagues, the BRAVO test was the first thermonuclear hydrogen bomb that our country exploded in the Marshalls for which hours before our officials knew that the winds had shifted.
And before doing so, we went ahead and exploded this hydrogen bomb which is 15 megatons, 1,000 times more powerful than the nuclear bombs we dropped in Hiroshima and Nagasaki, just to give the benefit of my friends here the extent of how serious this problem was.
And it wasn't just a BRAVO test. It was also the Yankee test, others, well over 10,000 megatons. So my question here is 150 people were brought back to their atoll; they have lived there. Now, there are about 500 or 600 of them. My question is what is our government doing to provide the best medical attention to these people?
I'm simply asking, Dr. Seligman, do we have a process that if I were exposed to nuclear contamination can I go to Tripler? Can I go to Stanford? Where do I go to get me the best medical knowledge of what is happening to me due to nuclear contamination?
Mr. STAYMAN. Let me just interrupt a second because I think there is a misunderstanding which we need to clarify. Rongelap and Utrik are down wind of Bikini, where BRAVO occurred. Utrik is about twice as far. I just want to make sure there is an understanding there.
Dr. SELIGMAN. I would be happy to get that information for you as to where you could go to get the best possible care. I am proud of the program that we have provided for the Marshallese in terms of medical monitoring for those that were included in that group of citizens from Rongelap and Utirik who were exposed most heavily to fallout from Castle BRAVO. We changed medical contractors in 1998. We have a new program in place.
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Mr. FALEOMAVAEGA. Dr. Seligman, if I may, my time—I am sorry, but we had a hearing in 1994. There were disagreements even among the scientists who were contracted to go there and conduct these soil samples as it was in terms of the exposure that these people were subjected to. You are telling me that you are satisfied with the way that we have been doing these examinations?
Dr. SELIGMAN. The soil samples, yes. I am satisfied.
Mr. FALEOMAVAEGA. What about the examinations of the people?
Dr. SELIGMAN. For our program, yes, I have been satisfied.
Mr. STAYMAN. If I could also jump in here, again, Mr. Congressman. There may be a bit of confusion about who the eligible people are for which program. Dr. Seligman is talking about the DOE program, which treats those who were directly exposed, not people who moved back.
As you point out under the terms of the Compact, there was a program specifically extended, known as the so-called Four-Atoll Program. The Compact provides $2 million a year for that program.
Just as a point of clarification. I think that everyone would agree—and you raise very good point—it is not considered to be a very high-quality program, in part, because of the inflation of the enrollment. But clearly it is woefully underfunded to meet the need that you pointed out. That is certainly one of the things that we are going to have to look at very closely in the renegotiation.
Mr. FALEOMAVAEGA. Mr. Stayman, would you look at the Department of Energy also as a resource that could be helpful to resolve this problem, other than just doing soil samplings and testings of the environment?
Mr. STAYMAN. Yes.
Mr. FALEOMAVAEGA. I would appreciate if the DOE could also be helpful in finding out the status of the health conditions of these people who were exposed to the contamination.
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Mr. YOUNG. I thank the gentleman. The gentleman from Guam.
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