In addition, because of
times to oppose firther Title I
the -ammuit needed to settle Title I
uvertainty now existing as t_
’
the additional
B
payment.
¢3
The Administration at this tine
uncertainty as to when the question about amunt will be
|
-
_—_— ee
finally established, we think, at a minimm, it is premature to support
the authc rization contained in section 102.
These uncertainties arise because of pending litigation. The 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 4 not preclude judicial review of
final decisions of the Micronesian Claims Commission
v. Bell,
S69 F.2d 607 (1977); Melong v. Micronesian Claims Conmission, 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
Ciaims Commission has long since disbanded. We would be prepared to
offer legislation to provide a forum for this purpose, but it may be
that the problem is inmensely nore complicated than that. ‘This is so
because after the Court of Appeals ruling, the District Court ruled
against class certification, but this class action issu its now qn
appeal. If the lower court ruling against the class certification
is overturned, substantial effort would have to be expected in
re-determning a large mmber of claims. It is estimated that as
many 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 wrk, (b) result in
a@ change in the total anount of $22.6 million unfimded—but whether
upward or downward, we are umable to project, and(c) consime many
mnths to complete.
The Administration remains opposed to further Title I payments at
this time. We will avait the Court of Appeals decision on the class
action suit before determining what other steps may be required.
Orly then will we know-the magnitude of the prodlem before us.
nes
SO
—
Section 103 would establish a comprehensive medical care and monitoring
program urder the direction of the Secretary of the Interior for the
inhabitants of Bikini, Enewetak, Rongelap, and Utirikwho were subjected .
Pocket Gamage as @ result of United States nuclear testing in the
The Administration strongly believes that it is the responsibility of
the United States to insure that the people of the Marshall Islanis who
have been exposed to radioactive hazards resulting from nuclear testing
at Fnewetak and Bikini receive proper madicel follaeup ard, where
appropriate, medical care.
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