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. 
Resolved, That 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’’ now pending in the House of 
Representatives, together with all the accompanying pa-
pers, is hereby referred to the chief judge of the United 
States Court of Federal Claims. 
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SEC. 2. Upon receipt of the bill under the first section 
of this resolution, the chief judge of the United States 
Court of Federal Claims shall— 
(1) proceed under sections 1492 and 2509 of 
title 28 of the United States Code; and 
(2) submit a report to the House of Represent-
atives, at the earliest practicable date, providing 
with respect to the respective land claims of the peo-
ples of Bikini, Enewetak, Rongelap, and Utrik, and 
to the uncompensated radiation-related personal in-
jury claims, based on, arising out of, or in any way 
related to the United States atmospheric nuclear 
weapons testing program conducted in the Marshall 
Islands between June 30, 1946, and August 18, 
1958— 
(A) such findings of fact and conclusions 
as shall be sufficient to inform the Congress— 
(i) of the nature, extent, and char-
acter of such land claims; and 
(ii) whether such land claims con-
stitute legal or equitable claims against the 
United States or a gratuity; 
(B) such findings of fact and conclusions 
as shall be sufficient to inform the Congress— 
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(i) of the nature, extent, and char-
acter of such radiation-related personal in-
jury claims; and 
(ii) whether such personal injury 
claims constitute legal or equitable claims 
against the United States or a gratuity; 
and 
(C) the amount of compensation, if any, le-
gally or equitably due from the United States 
to the claimants, notwithstanding any defense 
which the United States might otherwise have 
or assert including, inter alia, the statute of 
limitations, the plea of res judicata, laches, any 
lapse of time, espousal, political question doc-
trine, any jurisdictional bar, or sovereign immu-
nity, or any prior decision of any of such claims 
(or any related claim) by any court, tribunal, or 
commission. 
SEC. 3. The hearing officer and the review panel des-
ignated under section 2509 of title 28 of the United States 
Code by the chief judge of the United States Federal 
Court of Claims shall— 
(1) in assessing the claims described in section 
2 and informing the House of Representatives as to 
the legal or equitable basis for such claims and the 
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amount of compensation due, both with respect to 
the land claims pertaining to Bikini, Enewetak, 
Rongelap, and Utrik, and the personal injury claims, 
take into consideration and apply, consistent with 
Article IV, Section 3 of the Agreement Between the 
Government of the United States and the Govern-
ment of the Marshall Islands for the Implementation 
of Section 177 of the Compact of Free Association 
(signed by the United States and the Republic of the 
Marshall Islands on June 25, 1983), the laws of the 
Republic of the Marshall Islands (including tradi-
tional law), international law, the laws of the United 
States, such other legal or equitable basis as is 
deemed appropriate, and the measures of damages 
utilized by the Nuclear Claims Tribunal established 
pursuant to such Agreement; and 
(2) consider and make a part of the record all 
pertinent records of the proceedings before the Nu-
clear Claims Tribunal pertaining to the claims de-
scribed in section 2. 
Æ 
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