COVINGTON & BURLING Mr. Wallace O. Green Page Two December 17, 1980 Health Care Plan Considering the constraints imposed by the scope of its contract and shortness of time available to prepare -~«a plan, the Loma Linda University School of Health has submitted an exceptionally fine health care plan which would address critical health care needs in the Marshall Islands and which accurately reflects the mandate of Public Law 96205. As will be discussed below, however, we must take strong exception to certain critical and erroneous conclusions, based on sparse and scientifically biased data, regarding the presence, or lack of presence, of radiation related health effects in the Marshall Islands. The following comments on this and other issues are presented below roughly in the order in which they arise from the text of - the report. On page three of the Introduction, the report refers to meetings with various officials of the Marshall Islands Government, including the “king.” We note that the President is the chief executive of the Constitutional | Government of the Marshall Islands and that the Marshall Islands does nothave a "king.” We also point out an historical error on page one of the Cultural and Historical Data section in which the report states that the Marshall Islands were a part of the imperial holdings of Spain and were seized from Spain by .Germany. The Marshall Islands, in contrast to many other island groups in the same general area of the Pacific Ocean, was never part of the Spanish empire. In 1873, Spain attempted to establish its jurisdiction in the Marshall Islands by requiring vessels sailing for the Marshall Islands to pay license fees and custom duties. However, Germany and Britain, the two other major trading nations in the area, refused to comply or to recognize Spanish jurisdiction. On November 28, 1878 at Jaluit the Imperial German Government recognized the independence of the Marshall Islands by signing a commerce and navigation treaty with Iroij Laplap Kabua and Iroij Letabalin. The German Government recognized the Marshallese flag and established a consulate in Jaluit. Accordingly, the Marshall Islands was an inde- pendent state in 1885 when Iroij Laplap Kabua and four other Iroij of the Marshall Islands signed an agreement of protec- wer gy