Document text
Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.
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To provide for certain care and benefits to the people of Rongelap and Utirik Atolls exposed to the )lareh 1, 19S4, [l-Bomb fallout; to provide for care and benefits to certain other people from Rongelap and Iltirik, and for other purposes. BE IT ENACTED BY THE CONGRESS OF NICRONES1.4: Section 1. Short title. This act is know-n and may be cited as t!]e Trust Territory Fallout Survivors Act. Section 2. Statement of intent. As a result of the !’arch 1, Task Force Seven at Bikini Atoll, 82 Rongelapese, 1S7 Utirikese, 23 Japanese fishermen, and 28 American servicemen were exposed to radioactive fallout ‘which contaminated their places of habitation. lt is thus the sense of the Congress of Micronesia that the exposed Rongelapese and Utirikese x-cpresent unique groups of people in the Trust Territory because of their experience. It is the furtl]cr sense of the ConErcss that bccausc of the special and unique effects of radiation which, in the case of the Rongelapesc, have been manifested in cases of thyroic~ nodules, thyroid cancer, one possible case of leukemia, and other effects -- that these people should be accorded special care and treatment by the Trust Territory Govemmcnt in order to preserve and protect their health. Finally, it is also the sense of the Congress, that examination of these exposed people requires the examination of nonexposed persons; that the health of these noncxposed persons must be maintained at the same level as those exposed; and that these nonexposed persons as provided for in this act should also be entitled to the same care and benefits as exposed persons,
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1 Section 3. Definitions . In this act, unless the context 4 who was on RonRclap Atoll, Ailinqinae Atoll, or Utirik Atoll on ‘larch 1, 19S4, or who wzs born within ten months after that date. (2) ,,l)escendcnts of exposed Persons” means children whose mother or father was an exposed person. (3) “Control” means those persons now \farshall Islan&, District who were not exposed to iving in the in this act, to be test, but who agree w hereinafter provided examined and tested in like manner as exposed Section 4. Benefits. The care and benefits provided by the Trust Tcr-ritory for the exposed persons, descendants of exposed persons, and control persons shall be: (1) Transportation from their place of residence to the hospital on ~!ajuro, or Ebcye when that facility is completed, and return to their place of residence. Transportation for one immediate member of the family of the person will also bc provided at no expense. (2) per diem at standard T~t Te~itoyy rates will be provided to the person requesting examination and ZISO to the one person allowed to accompany him. The office of the l~istrict Director of Iiealth Services shall bc responsible for assistin~ such ncrsons in securing their proper pcr diem.
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(3) Ilousinz at no cost to such persons shall bc provided by the ~larshall Islcnds District Govcmmcnt when such persons are in Na]uro or Ebeyc for examination or treatment; to require such persons to live in government housing SIIOUICI they choose to make their own housing arrangements. (4) Free medical care including medication, treatment, hospitalization shall be accordccl to such persons. Section 5. Record of expenses. The District Director of th Services and the District Director of Finance shall be respcmsible for maintaining rrcords of all expenses incurred under the provisions of this act and the District Director of !{ealth Services shall provide a quarterly report of the expenses to the Office of tllc Ilif+h Commissioner, the (’fficc of the Lcxislativc Counsel of the Congress of ‘Iicroncsia, and to the Director of the Department of health Services of the Trust Territory. The annual e,xpcnses Incurred under the provisions of this act shall be defrayed as provided for of this act sha in Section 10 of this act. Proccdurcs. The persons mentioned In Scctlon 3 1 initlatc thclr request for transportation to a hospital facility with the health the Trust Territory Department of trip vessel is at t!lc islancl, the request is valld, shall so advise of the ship in lieu of a doctor. aiclc or other rcprcscntativc of Ilcalth Services. If a field If the hca aboard or the master th aide is not on the
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island, the person should ask” the magistrate, council member, school teacher or other recognized community leader to act in his behalf. This Section shall not be construed to allow persons the aforesaid benefits if the ailment or complaint could have been treated at the person’s place of residence, by the health personnel available. It should further not be construed to require the rerouting of ships or planes for minor ailments or complaints which can be treated on the island; PROVIDED, HONEVER, that an exposed, descendant of an ex~osed, or a control person who has a serious and acute complaint, illness, or accident shall be transported in a like manner u any other emergency patient. , Section 7. Handbook. The Department of Health Services, the District Office of Health Services and the Special Joint Committee Concerning Rongelap and Utirik Atolls, in conjunction with the Brookhaven National Laboratory, shall cause to be created and reproduced a handbook to be given to exposed, descendants of exposed, and control persons. Said handbook shall contain, but not be limited to, the following information: Exposed or nonexposed status, date of birth, sex, name and Brookhaven National Laboratory case number of the person. Space. shall also be provided for a record of medical examinations and findings in the Section a. Eligibility. Exposed persons and exposed persons are automatically eligible for the
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under this act. Control persons shall become eligible only upon signing a written agreement in both Marshallese and English which provides that said person will becoms eligible for the aforementioned benefits only if he or she agrees to act as a control person. The District Director ofllealth Services shall be responsible for drafting said agreement in conjunction with the Director of the Department of Health Services and Brookhaven National Laboratory. All persons who are transported to ?.lajuro or Ebcye for examination under the provisions of this act shall sign a statement prior to leaving their home island, agreeing to submit to a complete medical examination, which shall include, but not be limited to a blood test. Section 9, Enforcement. 7%e Director of the !.iarshall Islands District !-!ealth Services shall be nominally responsible for carrying out and enforcing the provisions of this act, but may, at his discretion, confer with other district official?, the Department of Ilealth Services and the Special Joint Committee or the presiding officers of the Congress of Micronesia. Tne District Director shall insure that thm.c eligible receive the full benefits provided under this act and shall insure that those persons visiting the district center hospital, or other mdical facility, are returned to their honw island as soon as is appropriate to their condition, within the constraints of normal ship schedules, The District Director shall also include in his quarterly report any and all flagrant or continuous abuses or violations of the intent of t%ks act.
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Continued abuse of the privileges and benefits of this act may result in temporary or permanent suspension of the offender from eligibility, A petition to suspend eligibility will be presented by the District Director of Ilealth Services to the \iarshall Islands delegation of the Congress of !iicron,esia. Decisions of the Marshall Islands delegation shall be final. Section 10. The Office of the High Commissioner is directed to seek an executive agreement with the Atomic Energy Commission whereby the expenses incurred under the provisions of this act will be defrayed either directly or on a reimbursable basis by ,,,. the Atomic Energy Commission and report his findings to the , Congress of Wcronesiano later than thirty days after the effective date of this act. Section 11. Effective date. This act shall take effect upon the approval by the Iiigh Commissioner, or upon its becoming law f / T~t Territory of the Pacific Islands