IV 111th CONGRESS 2d Session H. RES. 1744 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.

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.

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.

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.