[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1744 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1744

Referring the bill (H.R. 6470) entitled ``A bill for the relief of the 
peoples of Bikini, Enewetak, Rongelap, and Utrik, and of other affected 
 citizens of the Republic of the Marshall Islands'' to the chief judge 
             of the United States Court of Federal Claims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2010

  Mr. Faleomavaega (for himself, Mr. Ackerman, Ms. Bordallo, and Mr. 
 Sablan) submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Referring the bill (H.R. 6470) entitled ``A bill for the relief of the 
peoples of Bikini, Enewetak, Rongelap, and Utrik, and of other affected 
 citizens of the Republic of the Marshall Islands'' to the chief judge 
             of the United States Court of Federal Claims.

    Resolved, That the bill (H.R. 6470) entitled ``A bill for the 
relief of the peoples of Bikini, Enewetak, Rongelap, and Utrik, and of 
other affected citizens of the Republic of the Marshall Islands'' now 
pending in the House of Representatives, together with all the 
accompanying papers, is hereby referred to the chief judge of the 
United States Court of Federal Claims.
    Sec. 2.  Upon receipt of the bill under the first section of this 
resolution, the chief judge of the United States Court of Federal 
Claims shall--
            (1) proceed under sections 1492 and 2509 of title 28 of the 
        United States Code; and
            (2) submit a report to the House of Representatives, at the 
        earliest practicable date, providing with respect to the 
        respective land claims of the peoples of Bikini, Enewetak, 
        Rongelap, and Utrik, and to the uncompensated radiation-related 
        personal injury claims, based on, arising out of, or in any way 
        related to the United States atmospheric nuclear weapons 
        testing program conducted in the Marshall Islands between June 
        30, 1946, and August 18, 1958--
                    (A) such findings of fact and conclusions as shall 
                be sufficient to inform the Congress--
                            (i) of the nature, extent, and character of 
                        such land claims; and
                            (ii) whether such land claims constitute 
                        legal or equitable claims against the United 
                        States or a gratuity;
                    (B) such findings of fact and conclusions as shall 
                be sufficient to inform the Congress--
                            (i) of the nature, extent, and character of 
                        such radiation-related personal injury claims; 
                        and
                            (ii) whether such personal injury claims 
                        constitute legal or equitable claims against 
                        the United States or a gratuity; and
                    (C) the amount of compensation, if any, legally or 
                equitably due from the United States to the claimants, 
                notwithstanding any defense which the United States 
                might otherwise have or assert including, inter alia, 
                the statute of limitations, the plea of res judicata, 
                laches, any lapse of time, espousal, political question 
                doctrine, any jurisdictional bar, or sovereign 
                immunity, or any prior decision of any of such claims 
                (or any related claim) by any court, tribunal, or 
                commission.
    Sec. 3.  The hearing officer and the review panel designated under 
section 2509 of title 28 of the United States Code by the chief judge 
of the United States Federal Court of Claims shall--
            (1) in assessing the claims described in section 2 and 
        informing the House of Representatives as to the legal or 
        equitable basis for such claims and the amount of compensation 
        due, both with respect to the land claims pertaining to Bikini, 
        Enewetak, Rongelap, and Utrik, and the personal injury claims, 
        take into consideration and apply, consistent with Article IV, 
        Section 3 of the Agreement Between the Government of the United 
        States and the Government of the Marshall Islands for the 
        Implementation of Section 177 of the Compact of Free 
        Association (signed by the United States and the Republic of 
        the Marshall Islands on June 25, 1983), the laws of the 
        Republic of the Marshall Islands (including traditional law), 
        international law, the laws of the United States, such other 
        legal or equitable basis as is deemed appropriate, and the 
        measures of damages utilized by the Nuclear Claims Tribunal 
        established pursuant to such Agreement; and
            (2) consider and make a part of the record all pertinent 
        records of the proceedings before the Nuclear Claims Tribunal 
        pertaining to the claims described in section 2.
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