Agreement Between the U. S. Atomic Energy Commission and the Trust Territory of the Pacific Islands

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AGREEMENT BE WEEK THE U.S. ATOMIC ENERGY CObMISSION AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS r80d8bb The United States Atomic Energy Commission (hereinafter referred to as the "Commission") and the Trust Territory of the Pacific Islands (hereinafter referred to as the "Trust Territory'') desire to enter into an agreement whereby the AEC will provide partial reimbursement for costs incurred by the Trust Territory under Public Law No. 5 - 5 2 of the Congress of Micronesia, the said law beizg entitled the "Trust Territory Fallout Survivors Act," enacted on April 11, 1973. Therefore, the Commission hereby agrees to provide funds in an amount not to exceed $20,000 per annw, on a reimbursable basis, subject to the follow - ing terms and conditions: 1. The term of this agreement shall begin on the date of its execution and, subject to extensions mutually agreed to by the parties or their successors, shall expire on June 30, 1975. 2 . The estimated cost under this agreement is $20,000 per annum and payments hereunder shall not in the aggregate at any time exceed this curred upon receipt by the AEC of detailed expenditure statements from the Trust Territory. Reimbursement will be made quarterly for actual costs in3. It is expressly understood and agreed that the Commission's reimbursement hereunder shall be limited to research-related expenditures .incurred by the Trust Territory in accordance with the following (a) Reimbursement shall be provided only for persons on the roster of the Brookhaven Medical Survey Team; the roster shall include only exposed persons and designated control persons (enclosure 2 > . (b) Reimbursement snall b e provided only in the case of medical illness (not including injuries due to accidents unrelated to irradiation) which require transportation to a distant site f o r care, and shall include the following classes of (1) Transportation by field ship to include fare and (2) per diem of $9 for the patient and also $9 for one person accompanying the patient.

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4 . A report of activities conducted under this agreement relative to persons eligible under paragraph 3 . ( a ) above will be submitted by the Trust Territory at least 60 days prior to the renewal date or no later than April 3 0 , 1975. 5. It is agreed and understood that the Trust Territory will indemnify and hold harmless the Commission, its contractors and employees from any and all liability (including third party liability) f o r any cause whatsoever arising out of implementation of the aforesaid Act and resulting in injury, loss, o r damage to a patient, person accompanying the patient or any other person; provided, however, that this indemnification provision shall not apply to the extent that such liability, injury, loss, o r damage shall have resulted from the fault or negligence of the Commission, its contractors, 6 . Appendix "IA," dated October 31, 1974, and covering standard AEC requirements in connection with the Commission's interagency research agreements, is annexed hereto and hereby made part of this agreement. U.S. ATOMIC ENERGY COMMISSION TRUST TERRITORY OF THE PACIFIC ISLANDS Original Signed By c III - n ,Charles 'A'. Edington medical E Environmental Research

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Only f o r purposes of this agreement, "Commission" means the U.S. Atomic Energy Commission o r any duly authorized representative thereof, and "Agency!' means Trust Territory of the Pacific Islands o r any duly authorized representative thereof. 11. Costs Chargeable to Commission Funds Subject to limitations and conditions specified in the agreement incorporating this Appendix, the Agency may charge the Commission, except as otherwise provided in Articles VI11 and IX hereof, the actually incurred costs necessary or incident to the performance of the work, except that no charge shall be made for general administrative o r central agency overhead except to the. extent otherwise provided in the agreement. Upon presentation by the Agency of proper vouchers, the Commission will reimburse the Agency for costs actually incurred on Commission work subject to any limitations on costs otherwise provided in this amounts to be reimbursed for (a) operating costs, (b) capital equipment (as defined in VI11 below), and (c) acquisition o r condemnation of any real property o r any facility orfor plant o r facility acquisition, construction, o r expansion. Requests for reimbursement shall show separately the IV: Notice of Costs Approaching Total Estimated Costs Whenever the Agency has reason to believe that the total cost o f the work under this agreement will be substantially greater o r less than the presently estimated cost of the work, the Agency shall promptly notify the Commission in writing. The Agency shall also notify the Commission, in writing, when the aggregate of costs incurred and outstanding commitments allowable under this agreement is equal to ninety percent (90%) ( o r such other percentage as the Commission may - from time to time establish by notice to the Agency) o f the presently estimated total costs under this agreement. When the costs incurred , and outstanding commitments equal one hundred percent (100%) of such estimated total costs, the Agency shall make no further commitments or expenditures (except to meet existing commitments) and shall be excused from further performance o f the work unless and until the Commission shall increase the total estimated costs to be incurred with respect to this agrement.

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The Agency shall furnish the Commission, not later than 15 days after the close of each reporting period, monthly o r other periodic cost or financial reports in such form and detail as nay be required by the Commission. Any costs incurred for capital equipment o r other assets shall be supported by a list showing the description, make, any serial number, and the cost of each item acquired. The Agency shall accumulate and account for obligations and costs incurred in connection with the work being performed under this agreement in such form and detail as may be required by the Commission. The Commission may terminate this agreement upon 30 days written notice of such termination addressed to the Agency. termination, the Agency shall be reimbursed, to the extent permitted, for obligations actually incurred to the effective date of termination, and for commitments extending beyond the effective date of termination to a date not later than the date upon which the agreement would have expired if not terminated under this paragraph, which the Agency, irz the exercise of due diligence, is unable to cancel. this agreement, including payments under this article, shall not exceed the ceiling amount elsewhere specified in this agreement. In the event of such A . "Capital Equipment" means each item of equipment which is expected to have an extended period of service, generally a year o r more, and has sufficient monetary value, generally of $300 o r more, to justify continuing accounting records for the item. B. Unless expressly authorized by the Commission in advance, the Agency shall not be reimbursed or use funds made available under this agreement for the procurement or fabrication of capital C. If capital equipment is purchased or otherwise acquired pursuant to an authorization under paragraph B. above, except as may be otherwise agreed by the Commission and the Agency: 1. The title thereto shall vest in the Commission; 2 . the Agency shall be responsible f o r the maintenance and safeguarding thereof; and

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3 . the Agency shall maintain a record in such a manner as to insure adequate control and accounting satisfactory to tne Commission, of capital equipment procured or fabricated. I X . Real Property and Facilities Unless expressly authorized by the contracting officer in advance, the Agency shall not be reimbursed or use funds made available under this agreement for the acquisition or condemnation of any real property or any facility or for plant o r facility acquisition, construction or Whenever any invention or discovery is made or conceived by an employee, a consultant, or a contractor of the Agency in the course of or under the terms of this agreemect, the Agency shall furnish the Commission with complete information thereon; and the Commission shall have the sole power to determine whether o r not, and where a patent application shall be filed, and to determine the disposition of the title to and the rights under any application or patent that may result. The judgment of the Commission on these matters shall be accepted as final; and the Agency, for itself and for its employees, consultants, or contractors shall agree that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the Commission, including aidlng the Commission (at Government expense by proper arrangements) in the prosecution of applications for the patents and in the defense of the Government's rights in any country. No claim for pecuniary award or compensation under the provisions of the Atomic Energy Acts of 1946 and 1954 shall be asserted by the Agency, its employees, consultants or contractors with respect to any invention or discovery made or conceived in the course of, or under the terms of this agreement. Except as otherwise authorized in writing by the Commission, the Agency will obtain patent agreements to effectuate the purposes of paragraphs A . and B. of this Article from all persons (except such clerical and manual labor personnel as will not have a-d e s s to technical data) who perform any part of the work w d e r this agreement and any other contracts entered into for performance of wcrk called for under this agreement. It is recognized that during the course of the work under this agreement, the Agency o r its employees, consultants or contractors may from time to time desire to publish, within the limits of security requirements, information regarding scientific o r technical

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developments made o r conceived inthe course of o r under this agreement. In order that public disclosure of such information will not adversely affect the patent interests of the Commission o r Agency, patent approval for release and publications hall be secured from the Commission prior to any such release or E. In order that the regulations of the Agency may be made applicable t o inventions, discoveries,or improvements, i n which the Commission determines that it does not desire to file or retain all rights, the Commission agrees, i f requested by the Agency, t o inform it a s toall such inventions, discoveries and improvements reported to the Commission hereunder which do not involve classified information or Restricted Data, and the regulations of the Agency shall be applicable there to. A. Contracting Agency's Duty t o Safeguard Restricted Data, Formerly Restricted Data, and Other Classified Information. Inthe performance ofthe work under this agreement, the Agency shzll, i n accordance with the Atomic Energy Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and ot hsr classified information and protec ting againsc sabotage, esp image,loss and theft,the classified documents and material in the Agency's possession i n connection with the performance o f work under this agreement. expressly provided inthe agreement, the Agency shall, upon completion o r termination of this agreement, transmit to the Commission any classified matter inthe possession of the Agency o r any person under the Agency's control in connection with perfornance of this agreement. If retention by the Agency of any classified matter i s requircd after the completion o r termination of the agreement and such retention is approved by the Commission, the Agency will complete a certificate of possession t o be furnish sd to the Atomic Energy Commission specifying the classified matter t o be retained. The certifications hall identify the items and types or categories of matter retained,the conditions known. If retention is approved by the Commission, the security provisions of the agreement will continue t o be applicable to the matter Except as otherwise , governing the retention of the matter, and the period of retention, if

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The Agency agrees t o conform to all security regulations and require - ments ofthe Commission. Definition of Restricted Data The term " Restricted Data" as used in this article, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material.; o r (3) the use of special nuclear material inthe production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant t o Section 142 ofthe Atomic Energy Act of 1954, as amznded. Definition of Formerly Restricted Data The term "Formerly Restricted Data" as used in this article, means all data removed from the Restricted Data category under Section 142d. ofthe Atomic Energy Act of 1954, a s amended. Security Clearance o f Personnel The Agency shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except i n accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or rsquirements applicable to the part icu iar type o r category of classified information t o which access i s required. Itis understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified infcrmation relating to the work or services ordered hereunder tomy person not entitled to receive it, or failure t o safeguard any Restricted Dsta, Formerly Restricted Data, o r any other classified matter that may come tothe Agency o r any person under the Agency's control in connection with work under this agreement, may subject the agents, employees o r subcontractors of the Agency t o criminal liability under the laws of the United States. Act o f 1954, as amended, 42 U.S.C. 2011 e t . seq; 18 U.S.C. 793-4; an3 Executive Order 10501, as amended.) XII. Technical Progress Reports; Publication The Agency will make such reports to the C mission on the progress sf the work under this agreement a s may be mutually agreed upon.

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In the performance of the work under this contract, the Agency shall assign classifications to all documents, material and equipment originated o r generated by the Ageicy in accordance with classification guidance furnished to the Agency by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material or equipment shall include a provision to the effect that in the performance of such subcontract o r purchase order the subcontractor o r supplier shall assign classifications to all such documents, material and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the Agency.

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UTI RIK EXPOSED PRIVACY ACT MATERIAL &MOVED 1973 Last Present Last Sex--- Ape Location Locntion Exam Parents PRIVACY ACT MATERIAL REMOVED

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PRIVACY ACT MATERtAL REMOVED Utirik Exposed 1973 Last Present Last Sex Age Location Location Exam Pa ren t s

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Ut frik Exposed ' 1 Sex Age Location Location Exam Porrln t .s *R px cary number till status can be established. Didn't return toUt Frik following cvo cul ation …