The Honorable Wallace 0. Green
Acting Deputy Assistant Secretary
Territorial & International Affairs
August 8, 1980
Page Three

and, more importantly, to comment on and be consulted with
regard@ to any scope of work document or draft contract
prepared in connection with Section 102 of Public Law 96205.
Cn page three of the Discussion Paper, the Interior
Department offers a preliminary reading of Section 102 which
ralsesS several questions.
The first issue iS raised by the

use of the word “inhabitants” and its implication of a

residency requirement.
Section 102 quite carefully refers
to "people" of atolls and it is the view of the Government
of the Marshall Islands that Congress intended this term to

be interpreted consistent with customary Marshallese concepts
of relationship between people and atolls which do not
require residency on an atoll by any particular individual.

The most important issues raised hy the DOI prelimi-

nary reading are the method for determining the atolls whose

people

are

entitled

to health care

and the method

for deter-

Mining whether a particular injury, illness or condition of
any person within the group of entitled people is eligible
for treatment. The statute quite clearly sets up two tests
for determining
whether a particular person is entitled to
treatment in a particular case:
l.

Is that person one of the
Enewetak,
or

"people" of

a.

Bikini,
Utirik;

Rongelap or

b.

Any other atoll of the Marshall

Islands exposed to radiation from the

nuclear weapons testing program;
and

2.

Is the injury, illness or condition for
which treatment is being sought one which

"may be the result directly or indirectly of
such nuclear weapons testing program.”

The preliminary reading of DOI seems to ignore these two
Statutorily established standards and to unjustifiably
discriminate between the injuries, illnesses or conditions which

will be treated with regard to people of group 1(a)
and group 1(b)

above.

As to the people of Bikini,

above

Enewetak,

Select target paragraph3