eeeet
30
of the Micronesian Claims Act of 1971. These awards amount to $34.3
million. To date, Japan and the United States. have made available
a total of $11.8 million (with Japan’s share in goods and services),
which has been paid or made available on a pro rata basis to Title I
claimants. P.L. 95-134 authorizes payment of the remaining amounts
outstanding upon a 50 percent contribution by Japan. Since Japan
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has made no further contribution, the balance of $22.6 million in Title
Sea a peneenp Bethte ar
Ne
tee
Title I claims might then require readjudication. Such readjudica-
tions would probably (a) require creation of some new instrumentality
to perform the adjudicatory work, (b) result in a changeinthe total
amount of $22.6 million unfunded—but whether upward or downward, we are unable to project, and (c) consume many months to
complete.
The Administration remains opposed to further Title I payments
at this time. We will await the Court of Appeals decision on the class
action sult before determining what other steps may be required. Only
then will we knowthe magnitude of the problem before us.
SECTION 103
Section 103 would establish a comprehensive medical care and
monitoring program underthe 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
nucleartesting in the Pacific.
The Administration strongly believes that it 1s the responsibility
of the United States to insure that the people of the Marshall Islands
Ro Porteraehese
ain.
.
siting
The first question before us, and itself not a dificult one to resolve,
is where those three claims should be reheard, inasmuch as the Micronesian Claims Commission has long since disbanded. We would be
prepared to offer legislation to provide a foruin for this purpose, but
it may be that the problem is immensely more complicated than that.
This 1s so because after the Court of Appeals ruling, the District
Court ruled against class certification, but this class action issue 1s
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 number of claims. It is estimated that as many as 10,000
aoa
2d 630 (1977)).
‘
and its iegislative history do not preclude judicial reviewof final decisions of the Micronesian Claims Conmunission (#alpho v. Bell, 569
F. 2d 607 (1977); Melong v. Micronesian Claims Comanission, 469 F.
ae
remanded earlier decisions of the United States District Court in two
suits involving three clauus, holding that the Micronesian Clauns Act
+?
These uncertainties arise because of pending Htigation. The United
States Court of Appeals for the District of Columbia reversed and
eta
I awards remains unpaid. Claims relating to the immediate postsecure and post war period (the Title IT claims), totaling approximately $32 million, have been paid.
The Administration at this time continues to oppose further Title I
payment. In addition, because of the uncertainty now existing as to
the amount needed to settle Title I claims, and the additional uncertainty as to. when the question about amount will be finally established, we think, at a minimum, it is premature to support ths
authorization contaiued in section 102.