fat LG OFFICE OF GENERAL COUNSEL WASHINGTON,D. C. 20301 Pe Tem mi 402789 DEPARTMENT OF DEFENSE Lerch &/2s;gg August 11, 1978 m7 Sct Hime r MEMORANDUM FOR THE CHAIR AND MEMBERS OF INTERAGENCY TASK FORCE ON CLAIMS SUBJECT: _ Negotiating Positions on RadiationRelated Claims At the first meeting of the Interagency Task Force on claims, interested agencies were asked to prepare nego- tiating positions on radiation-related claims for discussion on August 16. We are pleased +o submit for your consideration a position on health and medical claims and a position on land use claims. The broad objective of this Task Force should be to develop a negotiatinc position. The Marshallese are represented by able and exseriencec ceunsel of their own choosing who cén be excected aggressively to assert the interests of their clients. The Task Force must assume that negotiation of these cleims will involve considerable pressure to bargain upyard from any position that it proposes. Thus, the precise responsibility of the Task Force should be to establish an initial negotiating position, and to set the outer limits bevend which the United States Government is not willing to negotiate. , The negotiating position for health and medical claims should have two goals. First, a comprehensive program of health and medical care must be provided for all radiation-related injuries. Second, injured individuals must be compensated adequately for their harm. To achieve these goals, the negotiating position must include periodic medical examinations to identify radiation-related injuries; comprehensive health and medical care to treat all such injuries; and adequate compensation. There is no reason to treat health and medical claims by individuals of one atoll differently from those made by individuals of any other atoll. The BEST COPYAVAILABLE