{ "id": "RL32811", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32811", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 307534, "date": "2005-08-30", "retrieved": "2016-04-07T19:33:01.105029", "title": "Republic of the Marshall Islands Changed Circumstances Petition to Congress", "summary": "In September 2000, the Republic of the Marshall Islands (RMI) government submitted to the\nUnited\nStates Congress a Changed Circumstances Petition related to U.S. nuclear testing on\nthe Marshall\nIslands atolls of Bikini and Enewetak during the 1940s and 1950s. The Petition requests additional\ncompensation for personal injuries and property damages and restoration costs, medical care\nprograms, health services infrastructure and training, and radiological monitoring. According to\nvarious estimates, between 1954 and 2004, the United States spent over $500 million on nuclear test\ncompensation and related assistance in the Marshall Islands. \n The Petition bases its claims for compensation upon \"changed circumstances\" pursuant to\nSection 177 of the Compact of Free Association. The Compact of Free Association, enacted in 1986,\ngoverns the economic and strategic relationships between the United States and the RMI. The\nSection 177 Agreement granted $150 million as part of a \"full and final settlement\" of legal claims\nagainst the U.S. government, and provided for possible additional compensation, if loss or damages\nto persons or property arose or were discovered that could not reasonably have been identified as of\nthe effective date of the agreement, and if such injuries rendered the provisions of the Compact\n\"manifestly inadequate.\" The Petition argues that \"new and additional\" information since the\nenactment of the Compact -- such as a wider extent of radioactive fallout than previously known or\ndisclosed and more recent radiation protection standards -- constitute \"changed circumstances.\"\n In November 2004, the U.S. Department of State released a report evaluating the legal and\nscientific basis of the Petition. The report concludes that \"the Marshall Islands' request does not\nqualify as 'changed circumstances' within the meaning of Article IX of the nuclear claims settlement\nagreement enacted under Title II, Section 177 of the Compact of Free Association Act of 1986.\"\nConsequently, according to the Administration, there is no legal basis for considering additional\npayments. On May 25, 2005, the House Committee on Resources and the Subcommittee on Asia\nand the Pacific of the House Committee on International Relations held a joint hearing on the\nPetition. On July 19, 2005, the Senate Committee on Energy and Natural Resources held an\noversight hearing on the effects of the U.S. nuclear testing program on the Marshall Islands. \n This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts\nto date, relevant provisions in the Compact of Free Association, and the Changed\nCircumstances\nPetition . It analyzes several issues related to the personal injury, health care, and property\ndamages\nclaims in the Petition. These issues include estimated occurrences of radiation-related illnesses in\nthe Marshall Islands; the methodology for determining the value of \"lost use\" of damaged properties;\nthe appropriate standard of risk (annual dose limit) for determining cleanup levels; and the extent\nof radioactive fallout. This report also discusses possible legal options for the RMI in pursuing\nnuclear test damages claims and identifies policy options for the 109th Congress.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL32811", "sha1": "e512eee18e5a93c1b2e774706d5d0a8b5a453bf4", "filename": "files/20050830_RL32811_e512eee18e5a93c1b2e774706d5d0a8b5a453bf4.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32811", "sha1": "6541d480701cb0a3c4109e0c7900e4e04e48fc40", "filename": "files/20050830_RL32811_6541d480701cb0a3c4109e0c7900e4e04e48fc40.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs7588/", "id": "RL32811_2005May16", "date": "2005-05-16", "retrieved": "2005-11-02T14:29:21", "title": "Republic of the Marshall Islands Changed Circumstances Petition to Congress", "summary": "This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050516_RL32811_cce0556a6cab1b1457795ff3625c41be4c5e11d3.pdf" }, { "format": "HTML", "filename": "files/20050516_RL32811_cce0556a6cab1b1457795ff3625c41be4c5e11d3.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Nuclear weapons tests - U.S.", "name": "Nuclear weapons tests - U.S." }, { "source": "LIV", "id": "Nuclear weapons testing victims - Republic of the Marshall Islands", "name": "Nuclear weapons testing victims - Republic of the Marshall Islands" }, { "source": "LIV", "id": "Weapons systems", "name": "Weapons systems" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820995/", "id": "RL32811_2005Mar14", "date": "2005-03-14", "retrieved": "2016-03-19T13:57:26", "title": "Republic of the Marshall Islands Changed Circumstances Petition to Congress", "summary": "This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050314_RL32811_f6faace66f68c8d2216d32f52efa1261291bf1ac.pdf" }, { "format": "HTML", "filename": "files/20050314_RL32811_f6faace66f68c8d2216d32f52efa1261291bf1ac.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Nuclear weapons testing victims - Republic of the Marshall Islands", "name": "Nuclear weapons testing victims - Republic of the Marshall Islands" }, { "source": "LIV", "id": "Nuclear weapons tests - U.S.", "name": "Nuclear weapons tests - U.S." }, { "source": "LIV", "id": "Weapons systems", "name": "Weapons systems" } ] } ], "topics": [ "Asian Affairs", "Economic Policy", "Energy Policy", "Environmental Policy", "Foreign Affairs", "National Defense", "Science and Technology Policy" ] }