IV 

111TH CONGRESS 

2D SESSION H. RES. 1744 

Referring the bill (H.R. 6470) entitled ‘‘A bill for the relief of the peoples 

of Bikini, Enewetak, Rongelap, and Utrik, and of other affected citizens 

of the Republic of the Marshall Islands’’ to the chief judge of the 

United States Court of Federal Claims. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2010 

Mr. FALEOMAVAEGA (for himself, Mr. ACKERMAN, Ms. BORDALLO, and Mr. 

SABLAN) submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Referring the bill (H.R. 6470) entitled ‘‘A bill for the relief 

of the peoples of Bikini, Enewetak, Rongelap, and Utrik, 

and of other affected citizens of the Republic of the 

Marshall Islands’’ to the chief judge of the United States 

Court of Federal Claims. 

1 Resolved, That the bill (H.R. 6470) entitled ‘‘A bill 

2 for the relief of the peoples of Bikini, Enewetak, Rongelap, 

3 and Utrik, and of other affected citizens of the Republic 

4 of the Marshall Islands’’ now pending in the House of 

5 Representatives, together with all the accompanying pa6 pers, is hereby referred to the chief judge of the United 

7 States Court of Federal Claims. 


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1 SEC. 2. Upon receipt of the bill under the first section 

2 of this resolution, the chief judge of the United States 

3 Court of Federal Claims shall— 

4 (1) proceed under sections 1492 and 2509 of 

5 title 28 of the United States Code; and 

6 (2) submit a report to the House of Represent7 atives, at the earliest practicable date, providing 

8 with respect to the respective land claims of the peo9 ples of Bikini, Enewetak, Rongelap, and Utrik, and 

10 to the uncompensated radiation-related personal in11 jury claims, based on, arising out of, or in any way 

12 related to the United States atmospheric nuclear 

13 weapons testing program conducted in the Marshall 

14 Islands between June 30, 1946, and August 18, 

15 1958— 

16 (A) such findings of fact and conclusions 

17 as shall be sufficient to inform the Congress— 

18 (i) of the nature, extent, and char19 acter of such land claims; and 

20 (ii) whether such land claims con21 stitute legal or equitable claims against the 

22 United States or a gratuity; 

23 (B) such findings of fact and conclusions 

24 as shall be sufficient to inform the Congress— 


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1 (i) of the nature, extent, and char2 acter of such radiation-related personal in3 jury claims; and 

4 (ii) whether such personal injury 

5 claims constitute legal or equitable claims 

6 against the United States or a gratuity; 

7 and 

8 (C) the amount of compensation, if any, le9 gally or equitably due from the United States 

10 to the claimants, notwithstanding any defense 

11 which the United States might otherwise have 

12 or assert including, inter alia, the statute of 

13 limitations, the plea of res judicata, laches, any 

14 lapse of time, espousal, political question doc15 trine, any jurisdictional bar, or sovereign immu16 nity, or any prior decision of any of such claims 

17 (or any related claim) by any court, tribunal, or 

18 commission. 

19 SEC. 3. The hearing officer and the review panel des20 ignated under section 2509 of title 28 of the United States 

21 Code by the chief judge of the United States Federal 

22 Court of Claims shall— 

23 (1) in assessing the claims described in section 

24 2 and informing the House of Representatives as to 

25 the legal or equitable basis for such claims and the 


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1 amount of compensation due, both with respect to 

2 the land claims pertaining to Bikini, Enewetak, 

3 Rongelap, and Utrik, and the personal injury claims, 

4 take into consideration and apply, consistent with 

5 Article IV, Section 3 of the Agreement Between the 

6 Government of the United States and the Govern7 ment of the Marshall Islands for the Implementation 

8 of Section 177 of the Compact of Free Association 

9 (signed by the United States and the Republic of the 

10 Marshall Islands on June 25, 1983), the laws of the 

11 Republic of the Marshall Islands (including tradi12 tional law), international law, the laws of the United 

13 States, such other legal or equitable basis as is 

14 deemed appropriate, and the measures of damages 

15 utilized by the Nuclear Claims Tribunal established 

16 pursuant to such Agreement; and 

17 (2) consider and make a part of the record all 

18 pertinent records of the proceedings before the Nu19 clear Claims Tribunal pertaining to the claims de20 scribed in section 2. 

Æ 


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