Republic of the Marshall Islands Changed Circumstances Petition to Congress

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

In September 2000, the Republic of the Marshall Islands (RMI) government submitted to the United States Congress a Changed Circumstances Petition related to U.S. nuclear testing on the Marshall Islands atolls of Bikini and Enewetak during the 1940s and 1950s. The Petition requests additional compensation for personal injuries and property damages and restoration costs, medical care programs, health services infrastructure and training, and radiological monitoring. According to U.S. government estimates, between 1958 and 2004, the United States spent $531 million on nuclear test compensation and assistance in the Marshall Islands.

The Petition bases its claims for compensation upon "changed circumstances" pursuant to Section 177 of the Compact of Free Association. The Compact of Free Association, enacted in 1986, governs the economic and strategic relationships between the United States and the RMI. The Section 177 Agreement granted $150 million as part of a "full and final settlement" of legal claims against the U.S. government, and provided for possible additional compensation, if loss or damages to persons or property arose or were discovered that could not reasonably have been identified as of the effective date of the agreement, and if such injuries rendered the provisions of the Compact "manifestly inadequate." The Petition argues that "new and additional" information since the enactment of the Compact -- such as a wider extent of radioactive fallout than previously known or disclosed and more recent radiation protection standards -- constitute "changed circumstances."

In November 2004, the U.S. Department of State released a report prepared by an interagency group (Departments of State, Energy, and Defense) evaluating the legal and scientific basis of the Petition. The report concludes that "the Marshall Islands' request does not qualify as `changed circumstances' within the meaning of Article IX of the nuclear claims settlement agreement enacted under Title II, Section 177 of the Compact of Free Association Act of 1986." Consequently, according to the Administration, there is no legal basis for considering additional payments. The Administration report also disputes some of the Petition's claims regarding the geographical extent of radioactive fallout, radiation dose estimates, and the applicability of U.S. standards to conditions in the RMI.

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. These issues include estimated occurrence of radiation-related illnesses in the Marshall Islands; the methodology for determining the value of "lost use" of damaged properties; the appropriate standard of risk (annual dose limit) for determining cleanup levels; and the extent of radioactive fallout. This report, which will be updated, discusses possible legal options for the RMI in pursuing nuclear test damages claims and identifies policy options for the 109th Congress.