It is my understanding that Congress did not intend that a preliminary
payment under one subsection would prohibit compensation under another
subsection, should a new claim arise.
This however is contrary to the
written language of the act and my attorneys believe that even under the
most Liberal of interpretations, any payment would constitute a complete
release.
There is the problem that many people, especially on Utirik,
may not be willing to accept the $1,000 payment as a full and final
release against any claims which might arise in the future against the
United States Government as a result of the 1954 incident.
In contemplation that
the act was not meant to be as
pronibitive as the release
we ee eee
clause provides, we suggest that an amendment be submitted in the following
fomn:
(c})
Payment made under one paragraph of this act
shall not preciude the filing and payment of a
claim under another paragraph.
Payment
under one
paragraph, however, shall be in full and final settle
ment of all claims, arising out of that paragraph,
against the United States as a result of the thermo
nuclear detonation on March 1, 1954,
(2)
SECTION 104(a)
IDENTITY OF CLAIMANTS
Subsection (a) of Section 104 provides in pact:
"*k*tq make the payments as hereafter provided in this
paragraph to individuals or to their heirs or legatees,
as the case may be, who were on March 1, 1954, residents
of Rongelap Atoll or Utirik Atoll in the Marshall Islands":
(Emphasis ours)
The Attorney General's Office has informed me that the word "resident"-~
has been interpreted to include a multitude of meanings.
In the instant
case, Congress probably determined that the word ''resident" meant people
who where actually physically located on Rongelap Atoll or Utirik Atoll
on March 1, 1954.
Congress on the other hand, could just as well have
meant that a person who maintained a residence on either of the atolls,
but who was not physically present on the island may come within the
meaning of the act.
A precise definition of the term "residenc" is
extremely important for proper administration of this act, especially
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