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awards under title L of the Micronesian War Claims Act. Section 105
of Public Law 95-13 provides for such payment conditioned on the

Governinent of Japan making an identical payment. That provision
represented a compronnuse with the House and a significant departure
from this committce’s position in opposition to any further payments
under title I. The committees sees no reason to even consider any fur-

ther modification absent fulfillment of the condition precedent con-

tained in Public Law 95-134.
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The second provision which was deleted would have mandated the
extension of all Federal programs presently available to the Trust
Territory both until and after termination of the trusteeship. The

rexson for this provision was to frustrate administration efforts to
terminate the participation of the Trust Territory in various federal

programs. The stated reason for this termination was to anticipate
the status agreements and effect a transition to that status. The committee emphatically agrees with the intent of the House provision, but
deleted the provision since it would do no more than restate existing
Jaw. The executive branch has the responsibility to see that the laws
are faithfully enforced not to anticipate congressional consideration
of a statis agreement still under negotiation. ‘The United States has 2
continuing responsibility under the Trusteeship Agreement to provide for the general welfare of the inhabitants of the various islands.
This responsibility is not served by frustrating the congressional intent in extending legislation or by prejudging future Congressional
action. To the extent that the Administration has diseretion in the
participation of the Trust Territory in a given program, that discretion should be exercised only in terms of the U.S. responsibility under
the Trusteeship Agreement based on whether the programis beneficial

or not. Some programs may, in fact, be counter-productive or even

harmful given the fragility of the local economies, and participation
should be discouraged. The committee notes that the administration
could always notify the Congress of the problems associated with a
particular program and request an amendment to exelude the Trust
Territory. ‘The committee emphasizes that neither anticipation of the
eventual content of status agreements nor prophecies of Congressional
disposition of such agreements is a basis for administration of the
Trust Territory. The committee expects that diseretion, where delegated, is to be exercised for the benefit of the inhabitants not in order
to prejudye andeffect Congressional action.

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In adopting the provisionsfortitle I, the cominittee deleted two provisions from the House enacted measure. The first provision would
have authorized the payment of 50 percent of the remaining unpaid

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Solicitor’s interpretation to be in error.

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Guan. It was her thyroid’ gland which should have been removed because of her expusure to radioactive material which fell on Rongelap
in 1954. The parathyroidectomy presents a more serious condition than
a thyroidectomy with more serious consequences.
“In view of the very special circumstances surrounding these cases,
the Administration requests that the Secretary be authorized to grant
additional compassionate compensation.”
.
The committee has no objection to the amendment since its purpose
is ostensibly to fulfill the original intent of Congress and accordingly
the committee has adopted the ainendment even though we believe the

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her parathyroid glands removedin error at the U.S. Naval Hospital in

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