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

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AGREEMENT BETWEEN THE U.S. ATOMIC ENERGY COMMISSION AND THE TRUST TERRITORY OF THE The United States Atomic Energy Commission (here in after referred to as the "Commission") and the Trust Territory of the Pacific Islands (hereinaf Cer 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. 5-52 of the Congress of Micronesia, the said law being entitled the "Trust: Territory Fallout Survivors Act", enacted on April 11, 1973. Therefore, the Commission hereby agrees t o provide funds i n an amount not t o exceed $20,000 per annum, on are i eur sable basis,subject to the following terms and conditions : 1. The term of this agreement shall begin on the date of its execution and, subject to extensions mutually agreed t o by the parties or their successors, shall expire on June 30, 1975. The estimated cost under this agreement i s $20,000 per annum2. and payments hereunder shall not i n the aggregate a t any time exceed this amount. Reimbursement will be made quarterly for actual costs incurred upon receipt by the AEC of detailed expenditure statements from the Trust Territory. 3. 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

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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. Reimbursement shall be provided only inthe case of medical illness (not including injuries due to accidents unrelated to irradiation) which require transportation to a distant site for care, and shall include the following classes of expenditure: (5) Transportation by field ship to include fare and meals; (ii) Per diem of $9.00 for the patient and also $9.00 for one person accompanying the patient. A report of activities conducted under this agreement will be submitted by the Trust Territory at least 60 days prior to the renewal date or no later than April 30, 1975. It i s 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)for any cause whatsoever arising out of implementation of the aforesaid Act and resulting in injury,loss,or damage t o a patient, person accompanying the patient or any other person; provided, however, that this indemnification provision shall not apply t o the extent that such liability,injury, loss o r damage shall have resulted from the fault or negligence of the Commission, its contractors or employees.

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6 . Appendix "IA", dated and covering standard AEC requirements i n connection with the Commission's interagency research agreements, i s annexed hereto and hereby made part of iDate TRUST TERRITORY OF THE PACIFIC ISLANDS TStle: Director, Division of Biomedical and

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For purposes of this cgreemmt, I t Co;r_?ilssToc" ems the United St zte s Atomic Energy Cox is sion or my duly eu thor i zed representative there of, or any duly a:itiorized representative thereof. Subject to lim lta tic nsa dc end it ions specified in the letter agreexen'. as other vise provided in Articles ViIi and IX here of,the act u ely incurred costs necessxy or in cid mt to the Fer for xm ce of the wcrk, central zgency overhead except to t ke extent o the reise provided inthe letter a gre ment. Upon presentation by the Ageccy of proper vouchers, the Co mission vi11 reimburse the Agency for costs ech ally incurred on Cor;nission Piork subject to myl in it at ions on costs ot.kerxise prc vi ded inchi sqr te - IV. Notice of Costs !.yrozchins To td Est izz te ? Costs . "-Whenever the Agency has reascn to believe th z t the total cost of the - presently est in a ted cost of the work;,t h e Asency shsll prorcl_r,tly notify the Comissicn in writ in z. The Agency shall &.so notify the Co:?z"lssicii, time establish by notice to tne Pzency) of the? pre s est lyes tina ted total costs,the Asz-~cys hall malie no further ccrrd..itrients cr eq end it u rer performance of the work unless a d until the Ccx3ission s:?all in cree s ? the total estimated costs to be incur rca with respect to this agree?xer,t. t comrnitrnents zGicxZ5le miert5is agreernsnt i s equal 50 ninety percent

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shall be supported by alist showing the description,make, any serial num3&:-ar@. the cost of each item acquired. 5 me A-gency-- shall accunuizte znd ac comt for obligations md costs . incukre'd i n connecticn vith the work being pcrforrred m der this agreement i n such fGrm and detail as may be reqEired by the Co mission. The 'Cornmisslon may terminate this zgreenent upn 30 deys witter,nc tice foy:6bligatio:is actually incur rs d to the effective date of terni nation, - and'for corn it ment s extending beyond the ef lect ive date cl termination .to a : date not lz ter than the date upon which the agreercent would hzve .of s ucL term in z tion addressed t o - the Agency. In the event of such ceiling axout elsewhere specified in t.his a gre ment. has : sufficient rccnetary value, genlarclly of $3CC o r niore, to justify continuing zccoun t5Eg records for the' iterr,. the Agency stall not be reinb-arsed oruse fur.ds mzde avz.ll~if?leunder Unless ee res sly authorizzd. by t3e contracting officer in a dvm ce, - .this agreement for the prccurenent or fabric a tic n cr" capt tal equLpment. to en author iz a tic n mdsr para gr qh (b) zbove, except as mey be other - If capital equipment i s Furchased or other x is e acq-cired pur sum t * wise agreed by the Comnission ana tine bcncy, . . (1) the title there to shall vest - inthe. Commission; the Agency shall be responsible for the maintecance and the 4,nency shall maintain a record in such a mvlner as to in sure adequate control and accour.ticg satisfactory t o the Commissicn, of capital equipment prc cured or

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[a) .Unless eq res sly authorized by the contractir!z officer in adv zy e, .the &eacy sh2.11 not be rti rh ir sed or use funds mzde available und z r .or any f z c ili ty or for plant or facility acquisition,construction or '(b) . If the Agemy acqiiires or condelrns my real property or any facility o r acquires, constructs, o r e-mds my plant or fec ili ty vise agreed by tho Comissicn and the Agency, (1) . the title there to shall vest in the Corxiission; 5 (2) the Agency shzll be responsible for the main ten axe manner as.to insure ad quite control ad accounting - satisfactory to the Coxzissicn. (a) Whenever .my inventicn o r discovery i s nade or conceived by 21 employee, a consult mt,or2cont rector or" the Agency inthe course of o r unl3er the terrns of this 2gree::.ent, thek ~ ~ n c ys hell furnish of the title to zi d the r-ights cider zny ep gli ceti on or ~ zten tth2.t consult mts,or contrectors st alq ree the t the inventor or in vez tors will execute all docczients znd do d l things necessary or pro2er to carryout the jud c.cnt of the Ccxnission, inclxfiicg aiding the prosecution of z?plicctions for the p z tents ad in the defense of the Goverment's rights in eny country. of the ' k toxic En era Acts of 1945 m d 1954 sh22l be z s sert ed by the ' the terms of this agreement. No claim for pec miz ry card or coripensation iL?der the provisions ' Agency, its ezployees, consrrltvlts orco5t rectors with respect to m y

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other contracts entered into for perform ace of work called for under agreenient, the. Agency or it seq lo yee s,consul tents or ' cont rz ctor s may h-om.time to time desire to publish, within the limits of security requircaients, in form tion regzrding scientific ' or,t ech n ical develo2izents made o r conceived inthe course of o r under this interagency qp eem nt.. In order that pbl5.c disclosure or such in for nation will not adversely ---affectt he p z ten tint crests of the Corz2ission or Agency, pete nt a;pproval for release znd pc blica ti cns hal be secured fro3 the Coxnission prior k, any such release or pcb li cation. to inventions, disco v cries,or ' inprovencnts, i n vliich the Corxissicn determines thzt it dozs not desire ' to file or retz in 211 rights,the Cdamission Grees,if request-ed'by the Pzency, t o inform it as toall such inventions, discoveries ad irnyovencnts rqor ' i ed to the C cr mission hereunder which do nct involve c lz s s if i ed in for x z tic no rEs s trick d Data, and the reed at ions of the k-gency shzll be applica'nle there to. It is recoznized that during the course of the work uqder this In order that the re gui z t ions of the Agency nay be made zp g lica3le I n the per f omz xe of the work ulldzr this Zgreecent, the Agency shall, ., ad require z ents, 'Le sesponsiblc for safezuarding f ; e strict ed Dztz, .Formerly Restricted Data, 2nd other ' c lz s s if i ed info nrt ion zxi protecting the agreczent, the hen cy shall, u93n corLpletion or ter z in z tion of this agreement,. truls.-Lt tothe Coxnission ay classified zettter inthe possession ofthe Agency or any cerson under t'ne Azt'ncy's control in connection with aerl'ormnce of this Zgreercmt. of my classified matter i s reaJAred after the c ocs let ion or tera5nz tic n of the qr eeri zn t zrld such retention is zgproved bythe Cczxission, t h ? Agency will cos ple tea cert if icE te of possession t o be furnished to the Atomic Energy Cox z s s ions sec ir ying the class i5i ed setter to be retains d. matter re tai ped,the cone it ions governing th2 retention of t'ne nat ter, bdthe period of retention, if .kno;..n. Cods sion, the security provisions of the egreenent will continue tobe If retention is zpproved b y th? -The hgcncy a.zrc.es to conforn t o all securit; re gu lzt ions and require n tnt :

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concerning (I) design, mmufacture, or util izz tion or a tonic treapons; .. (2) the prodl-Iction of spc cid nuclear rate rial ; or (3) the use of special nucleaz mate riel in the Froduction of enera,but shall not Snclude dzta c kcl z s s iii ed or rcxoved front he Restricted Data category pxrsu2nt t o Section 142 of the h to ric Energy Act of 1954, as. lifie tern "Forr;.crly Restricted Datz," as used in this z-tlc'.?, nems ali Atonic Energy Act of 1954, as mended. %e ken cy shall not permit my in divi duz l to hzve access to Restricted Dats, Formerly Restricted Datz, or other c lz s s if i ed inforrr-ztion, except i n accordarce 1 5 t h t3c Atonic EnerZy Act or" 1954, as zrrended, znd t h e Co,Pnission' s regulations o r reqllrcraents a op li cz ble,to the parti cul2rtGe or.category of c lz s s if i ed in for az tion to %:Dich access i s required. Data, 'or othsr class fie d inforrr,.-tion r elz ting to the xork or services ordered her?LL75inr t o zr~yp err on cot entitled to receive it ,. or fci lure to kency ' s control in connection with work under this zsreexcnt, 2*2-y sc-ztec': the agents, err,ployees o r subcontrzctors of the ?-gency to c rki nalli2. * sillr Shall insert ?ro-Jisicns simi lz r to the forsgoing i n 211 subcontracts &"&5 purchzse' orders under this qr een ent. The Agency will =&!e. such reports to the Comnission on the or ogress of Yi-1 . work uncicr this cgreenent as nzy b e mutually agreed upon.

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classifications t o all docu?ients, in ate riel &rid equipxent or ic in a ted or generate3 by the A5;ency i n eccordancc with c lz s s if i cation gui dmc e - kn is he d to the Pzency by the Co mission. fierl docu-Lents, nate rial or equip rent,she1include a provision to t h ? effect that inthe perfolmmce of such sub contre ct or purchase order %e nenes, meterizl zqd e qui Fx nt in accordaqce with class if i cz tion gui dmc e furnished t o such subcontractor or supplier by the Agency.