§1921b Agreements with and other provisions related to the Republic of the Marshall Islands

Summary

The United States must give free technical help and training, including tools for checking mail for drugs and other contraband, so the Marshall Islands can make and enforce its laws and help enforce U.S. criminal laws. If the Marshall Islands asks, the U.S. will negotiate to keep lands on Ejit available without charge for people from Bikini who used them as of January 1, 1985, until Bikini is safe to live on or a Marshall Islands court finally blocks that use. If legal obstacles do arise, the U.S. will help people affected to stay on Ejit or find other suitable land. Under the Section 177 Agreement, the U.S. will only pay money after the Marshall Islands tells the U.S. which firm will manage the fund. If the President finds that firm unqualified, the money goes into an interest-bearing escrow account until a qualified manager is agreed, and after 15 years the manager must turn over remaining funds to the Marshall Islands. Congress said specific amounts must be paid from that fund to people affected by U.S. nuclear testing: $75,000,000 to Bikini; $48,750,000 to Enewetak; $37,500,000 to Rongelap; and $22,500,000 to Utrik. The U.S. must, on request, keep providing special medical care and support for people from Rongelap and Utrik exposed in 1954. Starting January 1, 2012, the Department of Energy must inspect the Runit Island containment at least every 4 years and test groundwater, then report results and any health risk to Congress committees. For 15 years after the Compact began, the U.S. must, on request, keep funding Enewetak planting and agricultural support and food programs for Bikini and Enewetak; the planting program must get at least $1,300,000 per year (adjusted for inflation) and $1,300,000 (adjusted for inflation) per year was authorized for grants from FY2004 through 2023. Congress expects the Marshall Islands to use funds to hire scientists to review data about Rongelap and, if needed, fund full surveys and steps to restore habitability; final U.S. contributions to the Rongelap Resettlement Trust Fund were set at $1,780,000 for FY2005 and $1,760,000 for each of FY2006 and FY2007. The U.S. will create an Enjebi Community Trust Fund of $7,500,000 and transfer it to the Marshall Islands when conditions are met. The Enjebi Fund will be managed by the Enewetak Fund manager or another qualified U.S. manager with at least $250,000,000 under management. If the U.S. finds Enjebi can be resettled within 25 years after January 14, 1986, the Fund may pay to reestablish a community and replant; if not, the Fund will be used to resettle the people elsewhere. U.S. health services under the Section 177 Agreement are only for people from Bikini, Enewetak, Rongelap, and Utrik affected by testing and their descendants. The U.S. Comptroller General has full audit authority over U.S. assistance to the Marshall Islands, with access to records (kept at least five years) and certain legal immunities while performing audit duties. The U.S. policy requires the Marshall Islands to pay Kwajalein landowners under the October 19, 1982 land use agreement so the U.S. can meet its Compact obligations. If the Marshall Islands fails to pay, the U.S. will start dispute procedures and may enforce remedies. Any U.S. payments to the Marshall Islands that exceed amounts owed under the 1982 agreement must be held in a U.S. interest-bearing escrow account until a new land use agreement is made; if no agreement is reached by five years after December 17, 2003, those funds will be returned to the U.S. Treasury unless the two governments agree otherwise. The President may also make loans or grants to help communities on Kwajalein, including Ebeye, under terms the President sets.