The Administration at this time continues to oppose firther Title I
payment. In addition, because of the uncertainty now existing as to_
the.anpuit needed to settle Title I claims, and the additional__
'
uncertality as to when the question about amunt will
finally established, we think, at a minimm, it is premature to support
the authcrization contained in section 102.
These uncertainties arise because of pending litigation. ‘he United
States Court of Appeals for the District of Columbia reversed and

remanded earlier decisions of the United States District Court in
two suits involving three claims, holding that the Micronesian Claims
Act and its legislative history do not preclude judicial review of
final decisions of the Micronesian Claims Commission

v. Bell,

569 F.2d 607 (1977); Melong v. Micronesian Claims Commission, 469 F.2d
630 (1977)).

The first question before us, and itself not a difficult one to resolve,

is where those three claims should be reheard, inasmxh as the Micronesian
Claims Commission has long since disbanded. We would be prepared to
offer legislation to provide a forum for this purpose, but it my be
that the problem is immensely more complicated than that. This is so
because after the Court of Appeals ruling, the District Court ruled
against class certification, but this class action issue is now on
appeal. If the lower court ruling against the class certification
is overturned, substantial effort would have to be expected in
re-determining a large mmber of claims. It is estimated that as

mary as 10,000 Title I claims might then require readjudication.

Such readjudications would probably (a) require creation of same

new instrumentality to perform the adjudicatory work, (b) result in
a change in the total anpunt of $22.6 million unfimded—but whether
upward or downward, we are unable to project, and (c) consume mary

months to conplete.

The Administration remains opposed to further Title I payments at
this time. We will await the Court of Appeals decision on the class
action suit before determining what other steps may be required.
Qrly then will we know -the magnitude of the problem before us.

Section 103

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Section 103 would establish a comprehensive medical care and monitoring

program under the direction of the Secretary of the Interior for the
inhabitants of Bikini, Enewetak, Rongelap, and Utirik who were subjected
to radiation damage as a result of United States muclear testing in the
The Administration strongly believes that it is the responsibility af

the United States to insure that the people of the Marshall Islands who
have been exposed to radioactive hazards resulting from muclear testing
at Enewetak and Bikini receive proper medical follow-up and, where
appropriate, medical care.

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