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Nuclear Testing Program in the Marshall Islands

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S. HRG. 109–178 NUCLEAR TESTING PROGRAM IN THE MARSHALL ISLANDS HEARING BEFORE THE COMMITTEE ON ENERGY AND NATURAL RESOURCES UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS FIRST SESSION ON EFFECTS OF U.S. NUCLEAR TESTING PROGRAM IN THE MARSHALL ISLANDS JULY 19, 2005 ( Printed for the use of the Committee on Energy and Natural Resources U.S. GOVERNMENT PRINTING OFFICE 24–536 PDF WASHINGTON : 2005 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 R:\DOCS\24-536 SENERGY2 PsN: PAULM COMMITTEE ON ENERGY AND NATURAL RESOURCES PETE V. DOMENICI, New Mexico, Chairman LARRY E. CRAIG, Idaho JEFF BINGAMAN, New Mexico CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii LAMAR ALEXANDER, Tennessee BYRON L. DORGAN, North Dakota LISA MURKOWSKI, Alaska RON WYDEN, Oregon RICHARD M. BURR, North Carolina, TIM JOHNSON, South Dakota MEL MARTINEZ, Florida MARY L. LANDRIEU, Louisiana JAMES M. TALENT, Missouri DIANNE FEINSTEIN, California CONRAD BURNS, Montana MARIA CANTWELL, Washington GEORGE ALLEN, Virginia JON S. CORZINE, New Jersey GORDON SMITH, Oregon KEN SALAZAR, Colorado JIM BUNNING, Kentucky ALEX FLINT, Staff Director JUDITH K. PENSABENE, Chief Counsel BOB SIMON, Democratic Staff Director SAM FOWLER, Democratic Chief Counsel JOSH JOHNSON, Professional Staff Member AL STAYMAN, Democratic Professional Staff Member (II) VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 R:\DOCS\24-536 SENERGY2 PsN: PAULM C O N T E N T S STATEMENTS Page Akaka, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 1 Faleomavaega, Hon. Eni, Delegate from American Samoa .................................. 16 Krawitz, Howard M., Director of Australia, New Zealand and Pacific Island Affairs, U.S. State Department ........................................................................... 2 Lum, Thomas, Specialist in Asian Affairs, Congressional Research Service ...... 47 Mabuchi, Dr. Kiyohiko, Division of Cancer Epidemiology and Genetics, Na- tional Cancer Institute, National Institutes of Health, Department of Health and Human Services ............................................................................... 6 Murkowski, Hon. Lisa, U.S. Senator from Alaska ................................................ 11 Palafox, Dr. Neal A., MD, MPH, Professor and Chair, Department of Family Medicine and Community Health, John A. Burns School of Medicine, Uni- versity of Hwaii .................................................................................................... 40 Plasman, James H., Chairman, Nuclear Claims Tribunal, Republic of the Marshall Islands .................................................................................................. 33 Simon, Steven L., Ph.D., Scientist ......................................................................... 51 Yamamura, Hiroshi V., Senator, Republic of the Marshall Islands .................... 30 Zackios, Gerald M., Minister of Foreign Affairs, Republic of the Marshall Islands ................................................................................................................... 21 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 61 APPENDIX II Additional material submitted for the record ........................................................ 85 (III) VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 R:\DOCS\24-536 SENERGY2 PsN: PAULM VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 R:\DOCS\24-536 SENERGY2 PsN: PAULM NUCLEAR TESTING PROGRAM IN THE MARSHALL ISLANDS TUESDAY, JULY 19, 2005 U.S. SENATE, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. The committee met, pursuant to notice, at 2:30 p.m. in room SD– 366, Dirksen Senate Office Building, Hon. Daniel K. Akaka pre- siding. OPENING STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII Senator AKAKA. The Committee on Energy and Natural Re- sources will be in order. I regret that Senators Domenici and Bingaman are unable to at- tend our hearing this afternoon because of the House Senate Con- ference Committee on National Energy Legislation which is now underway. And I was there and was able to come back here to chair this hearing. I would like to welcome all of you here on their behalf and to ex- tend their apologies for this unavoidable conflict. I know that many of you have traveled very, very far to be here and I am sure you all agree that this is important that we proceed with the hearing so that the committee can move forward on this important issue as soon as possible. The U.S. Nuclear Weapons Testing Program in the Marshall Is- lands has caused major damage in Enewetak and Bikini, contami- nated other northern atolls, and caused cancers and other illnesses among hundreds of Marshall islanders. While there was a legal settlement of claims approved under the Compact of Free Association in 1986, that agreement left open the opportunity for the Marshall Islands to seek additional compensa- tion if there are changed circumstances that render that settlement inadequate. In addition, Congress authorized further ex gratia assistance as authorized by section 105(c) of the Compact and has provided over $215 million for further health care, agricultural assistance, clean- up, and resettlement. Since the 1960’s, this committee has worked with the Marshall Islands and the administration to respond to the legitimate needs of the communities affected. And I hope that today the committee, administration, and Marshall Islands will establish a basis to con- tinue to work together to address the legitimate needs of those af- fected. (1) VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 R:\DOCS\24-536 SENERGY2 PsN: PAULM 2 In the year 2000, the Marshall Islands submitted a petition to the Congress seeking additional assistance in five areas: Health care; personal injury; loss of use; cleanup; and expanded program assistance in areas of health and environmental monitoring. I thank our witnesses for coming today. We have several world experts on conditions in the Marshall Islands and others who have traveled thousands of miles to be here. I particularly want to thank those from the CRS who have as- sisted the committee in analyzing the enormous amount of tech- nical information. I look forward to hearing from our witnesses. Our first panel will be the representatives from the Departments of State and Energy and our witness from the National Cancer Institute. I ask that these witnesses remain until the end of the hearing to be available to respond to questions. I ask that all witnesses summarize their statement to 5 minutes or less. Your entire statements will be made a part of the record. I would like to start with Mr. Krawitz. STATEMENT OF HOWARD M. KRAWITZ, DIRECTOR OF AUS- TRALIA, NEW ZEALAND AND PACIFIC ISLAND AFFAIRS, U.S. STATE DEPARTMENT Mr. KRAWITZ. Mr. Chairman, thank you very much for inviting me here today. It is a pleasure to be able to speak with you on this issue. As you mentioned, Mr. Chairman, the United States carried out 67 nuclear tests in the northern Marshall Islands between 1946 and 1958. The United States greatly regrets the damage this test- ing caused, especially the 1954 BRAVO action that affected some 253 people. The United States was and still is concerned about the health and well-being of the Marshall Islands people and the environment. In the 1950’s, the United States began programs to monitor and remediate the effects of these tests. We added programs in the 1960’s, the 1970’s, the 1980’s which continue to address these prob- lems today. Since the 1950’s, we have spent hundreds of millions on environ- mental and health problems related to nuclear tests in the Mar- shall Islands. The administration report to Congress describes in detail money spent on environmental remediation, past and present, and medical care for Marshall Islanders. Section 177 of the 1986 United States/Republic of the Marshall of Islands Compact of Free Association, which is still in force today, fully settled all claims, past, present, and future, related to our nu- clear test program. As you mentioned, Mr. Chairman, article 9 of the section 177 set- tlement, the changed circumstances provisions, so called, defines conditions under which the Republic of the Marshall Islands gov- ernment may ask Congress to consider additional compensation for nuclear test-related injuries. Article 9 neither guarantees addi- tional compensation nor commits Congress to authorize or appro- priate funds. In 2000, the Marshall Islands government asked for $3 billion in additional compensation. Congress asked the administration to VerDate 0ct 09 2002 11:44 Nov 16, 2005 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 R:\DOCS\24-536 SENERGY2 PsN: PAULM 3 evaluate this request. The State Department convened a working group of some ten U.S. Government department and technical agencies to review existing scientific studies of nuclear testing’s im- pact on the Republic of the Marshall Islands. The group concluded that the submission does not meet the changed circumstances criteria defined in article 9 and that there is no legal basis under the settlement
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