**U.S. Department of Justice**

**Radiation Exposure Compensation Act**

**Trust Fund**

**FY 2008 Performance Budget**

**Congressional Submission**

**February 2007**

**Number range CHAPTER**

# Table of Contents

Page No.

**I. Overview 2**

**II. Summary of Program Changes N/A**

III\. Appropriations Language and Analysis of Appropriations Language
N/A

IV\. Decision Unit Justification

1\. Program Description 3

2\. Performance Tables N/A

3\. Performance, Resources, and Strategies 6

a\. Performance Plan and Report for Outcomes

b\. Strategies to Accomplish Outcomes

c\. Results of Program Assessment Rating Tool (PART) Review

V. Exhibits

A.  Organizational Chart N/A

B.  Summary of Requirements

C.  Program Increases by Decision Unit N/A

D.  Resources by DOJ Strategic Goal/Objective

E.  Justification for Base Adjustments

F.  Crosswalk of 2006 Availability

G.  Crosswalk of 2007 Availability

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H.  Summary of Reimbursable Resources N/A

I.  Detail of Permanent Positions by Category N/A

J.  Financial Analysis of Program Increases/Offsets N/A

K.  Summary of Requirements by Grade N/A

L.  Summary of Requirements by Object Class

M.  Status of Congressionally Requested Studies, Reports, and
    Evaluations N/A

**Radiation Exposure Compensation Act Trust Fund**

**Overview**

Number range CHAPTEROn October 5, 1990, Congress passed the Radiation
Exposure Compensation Act (RECA). The Act offers an apology and monetary
compensation to individuals who contracted certain cancers and other
serious diseases as a result of their exposure to radiation released
during above-ground atmospheric nuclear weapons tests or as a result of
their occupational exposure while employed in underground uranium mines
during the build-up to the Cold War. This unique program was

designed as an alternative to litigation in that the statutory criteria
do not require claimants to establish causality. Specifically, if the
claimant can satisfy the requirements outlined in the statute, which
include demonstrating that he or she contracted a compensable disease
after working or residing in a designated location for a specified
period of time, he or she qualifies for compensation. The amount of the
award is statutorily prescribed and ranges from \$50,000 to \$100,000
depending on claimant category. Congress charged the Attorney General
with responsibility for adjudicating claims under the Act. The
Department of Justice established the Radiation Exposure Compensation
Program (the Program) within the Civil Division. The Program commenced
operations in April 1992.

Beginning in FY 2007, electronic copies of the Department of Justice's
congressional budget justifications and Capital Asset Plan and Business
Case exhibits can be viewed or downloaded from the Internet using the
Internet address: <http://www.usdoj.gov/jmd/2008justification/>.

Number range CHAPTEROn July 10, 2000, amendments to RECA (2000
Amendments) were enacted that markedly expanded the scope of the
Program. Major changes included the creation of new categories of
beneficiaries (uranium mill workers and ore transporters); expansion of
eligible diseases, geographic areas, and time period; and a reduction in
the radiation exposure threshold that miners must meet to receive
compensation. As a result, there was a flood of new claim filings and a
sharp rise in monetary awards.

The National Research Council of the National Academy of Sciences (NAS)
published a study in April 2005 concerning possible changes to RECA,
particularly whether other groups of individuals or additional
geographic regions or diseases should be covered. The report concludes
that 1) based on current scientific evidence, no additional
diseases should be included under RECA; 2) further study should be
conducted to assess all radionuclides and radiogenic diseases to
establish a probability of causation model to determine possible
expansion of compensation beyond current geographic boundaries; and 3)
Congress should set new eligibility criteria based on a scientific
assessment.

As a result of this publication, regardless of the findings, there may
be a rise in the number of claims filed due to increased awareness of
the Program within affected communities. The study also spurred
congressional interest. In response to the NAS report, on May 11, 2005,
Senators Crapo and Craig introduced legislation (S. 998) to amend RECA
to include the state of Idaho as a covered downwinder area. Senator
Burns introduced a bill (S. 977) that would amend RECA to allow certain
Montana residents to apply for compensation. On December 16, 2005,
Senators Crapo, Craig, and Burns cosponsored legislation (S. 2132) to
include Idaho and Montana. Representative Bordallo also introduced a
bill (H.R. 2910) to include the territory of Guam as a covered downwind
area. Additional legislative initiatives may be introduced. Current
workload and funding projections do not account for the possible impact
of any scientific studies or substantive statutory changes.

The RECA Program was evaluated with OMB's Program Assessment Rating Tool
(PART) during FY 2006. See page eight for more information on the
results of this evaluation.

**Program Description**

Number range CHAPTERFrom 1945 through 1962, the United States conducted
extensive atmospheric atomic weapons testing as it developed and built
the effective arsenal that became the cornerstone of the Nation's Cold
War security strategy. Critical to the production of atomic weapons was
the mining, milling, and transport of uranium ore by the tens of
thousands of individuals employed in that industry. Many people exposed
to radiation resulting from the nuclear weapons development and testing
subsequently developed serious diseases, including various types of
cancer. In order to establish a procedure to make partial restitution to
these individuals, the Radiation Exposure Compensation Act was enacted
in 1990.

The Act established monetary compensation for specified diseases in
three defined populations: underground uranium miners, who receive
\$100,000; individuals present at test site locations, who receive
\$75,000 (on-site participants); and individuals who lived downwind of
the Nevada Test Site, who receive \$50,000 (downwinders). The 2000
Amendments added above-ground miners, uranium mill workers, and ore
transporters, who receive \$100,000. The Amendments also added
compensable diseases, expanded the years and geographic areas covered,
and lowered the exposure level that miners must demonstrate to receive
compensation. The map below shows the geographic areas covered by the
Act. Although the vast majority of claims are filed by people living in
the Four Corners Region (Utah, Colorado, New Mexico, and Arizona), the
Program has awarded compensation to individuals residing in every state
as well as several foreign countries.

![](media/image1.png)

Number range CHAPTERThe Program office is located in Washington, D.C.
and is administered by a staff of attorneys, claims examiners, and an
office assistant within the Civil Division's Torts Branch. The support
staff reviews claims packages, assists claimants with their
applications, and manages physical case files. The Civil Division
strives to process and resolve claims fairly and efficiently.

**Trends** Since the inception of the Program, 25,696 claims have been
filed, and more than \$1.1 billion has been awarded to 16,867 claimants
(as of January 3, 2007). The following graphic shows how the 2000
Amendments changed the distribution of awards across the claimant
categories. The changes in approval criteria resulted in greater numbers
of qualifying claimants, especially downwinders. Number range CHAPTER

![](media/image2.wmf){width="6.21875in" height="4.122222222222222in"}

Prior to enactment of the 2000 Amendments, receipts had tapered off and
approximately 43 percent of claims were approved. Following enactment,
the number of claims filed and the portion found to be eligible
increased sharply. By the end of FY 2002, the workload had increased
more than fivefold to 6,349 claims, and the average approval rate had
increased to about 80 percent. The chart on the following page provides
an historical overview of these trends in receipts and approvals, as
well as projections through FY 2008. More detailed statistics may be
found on page nine. The workload and funding projections are based on
the following assumptions:

-   The number of new claims filed will decline gradually;

-   The approval rate will not increase;

-   There will be no substantive statutory changes.

> ![](media/image3.wmf)

**Funding** The RECA Trust Fund was subject to discretionary
appropriations from FY 1992 to FY 2001. Following enactment of the 2000
Amendments, the appropriation became insufficient to meet the increase
in the number of claims deemed eligible for compensation. In 2002,
Congress addressed the problem within the Department of Defense
Authorization Act for FY 2002, which established annual funding against
mandatory spending caps. However, by 2003 the increased rate of new
claim filings and approvals proved the caps to be inadequate, and a
funding shortfall ensued. Working in close coordination, the
appropriators and authorizers effectively devised legislative solutions
to the funding problems and have ensured that all RECA claims will be
fully funded through the life of the Program.

-   The Consolidated Appropriations Act, 2005 contained language that
    made funding for the RECA Trust Fund mandatory and indefinite
    beginning in FY 2006. Henceforth the Fund has exclusively paid
    Section 4 claimants (downwinders and on-site participants).

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-   The National Defense Authorization Act for FY 2005 requires that
    RECA Section 5 claimants (uranium miners, millers, and ore
    transporters) be paid out of the Energy Employees Occupational
    Illness Compensation Fund.

**Performance, Resources, and Strategies**

**Performance Plan and Report for Outcomes**

Number range CHAPTERThe Radiation Exposure Compensation Program supports
Goal Two of the Department of Justice's Strategic Plan, specifically
Objective 2.5: "Enforce federal statutes, uphold the rule of law, and
vigorously represent the interests of the United States in all matters
for which the Department has jurisdiction."

The Program's primary objective is to:

-   Implement civil justice reform initiatives to resolve categories of
    claims for which traditional litigation has proven ineffective and
    to administer compensation programs enacted by Congress that offer
    non-litigation solutions for radiation exposure claimants.

**Strategies to Accomplish Outcomes**

The Program will employ the following strategies to accomplish this
mission:

-   Hire skilled claims examiners to conduct the initial review of
    claims, freeing the Program attorneys to conclude the adjudication
    and render the final determination;

-   Access external data sources, such as the Social Security
    Administration, the National Institute for Occupational Safety and
    Health, the Public Health Service, and state cancer and tumor
    registries to assist claimants in securing the necessary
    documentation in support of their claims;

-   Coordinate with the Department of Labor's Energy Employees
    Occupational Illness Compensation Program to ensure that eligible
    Section 5 RECA claimants receive compensation in a timely manner.
    This includes review of RECA claimant files to determine eligibility
    pursuant to the Energy Employees Occupational Illness Compensation
    Program Act;

-   Brief Members of Congress and their staffs as requested; provide
    information to Members and the public in an open, timely, and
    complete manner;

-   Coordinate with the Department of Health and Human Services'
    Radiation Exposure Screening and Education Program to assist
    grantees in providing relevant information on the RECA Program to
    individuals screened for disease in the affected geographic regions;

-   Use a toll-free phone line and website to communicate with
    claimants;

-   Conduct outreach by traveling to areas with populations of potential
    claimants and participate in workshops held by congressional
    delegations for their constituents. This past year, staff members
    initiated contact with the Hopi and Yavapai Apache tribes,
    participated in informational sessions and provided assistance to
    new RECA claimants. Also, Program staff members attended town hall
    meetings sponsored by the Department of Labor in Shiprock, New
    Mexico; Kayenta, Arizona; and Grand Junction, Colorado, to assist in
    providing information regarding DOL and RECA benefits.

**Outcomes** Number range CHAPTERThe following results for FY 2006
encompass both claims and appeals for all RECA claimant categories:

2,260 filings 2,236 adjudications 1,776 awards

\$130 million awarded

**Results of Program Assessment Rating Tool (PART) Reviews**

The RECA Program was evaluated with the Office of Management and
Budget's Program Assessment Rating Tool (PART) during FY 2006. The
Program received a rating of "Adequate." This rating describes a program
that needs to set more ambitious goals, achieve better results, improve
accountability, or strengthen its management practices.

OMB's findings include:

-   The Program has developed ambitious annual and long-term goals
    focusing on outcomes that meaningfully reflect the purpose of the
    Program. However, the Program must ensure that partners are
    committed to achieving annual and long-term goals;

-   The Program's statutory scheme contains flaws with respect to some
    of its claimant categories. Although the statute is founded on the
    scientifically-based association between exposure and illness for
    occupationally exposed uranium workers, the same is not true for
    other claimant categories.

The Department of Justice will take the following actions to improve the
RECA Program's performance:

-   Ensure Program partners are expressly committed to achieving the
    stated annual and long-term performance goals of the Program;

-   Develop a plan to tie resources to specific performance measures;

-   Monitor the activities of the National Academy of Sciences and like
    organizations that are studying the Act's eligibility criteria.

+----------------------+------+------+------+------+-------+-------+
| **Radiation Exposure |      |      |      |      |       |       |
| Compensation Act     |      |      |      |      |       |       |
| Workload**           |      |      |      |      |       |       |
|                      |      |      |      |      |       |       |
| **Claims Filed and   |      |      |      |      |       |       |
| Approved**           |      |      |      |      |       |       |
|                      |      |      |      |      |       |       |
| (Dollars in          |      |      |      |      |       |       |
| Thousands)           |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
|                      | **FY | **FY | **FY | **FY | **FY  | **FY  |
|                      | 20   | 20   | 20   | 20   | 2     | 2     |
|                      | 03** | 04** | 05** | 06** | 007** | 008** |
|                      |      |      |      |      |       |       |
|                      | **   | **   | **   | **   | **    | **    |
|                      | Actu | Actu | Actu | Actu | Estim | Estim |
|                      | al** | al** | al** | al** | ate** | ate** |
+----------------------+------+------+------+------+-------+-------+
| **Section 4          |      |      |      |      |       |       |
| Claims:**            |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Downwinders**      |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Pending, Beginning   | 1    | 1    | 1    | 1    | 1,087 | 993   |
| of Year              | ,690 | ,581 | ,536 | ,137 |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Filed         | 2    | 1    | 1    | 1    | 801   | 641   |
|                      | ,120 | ,517 | ,368 | ,000 |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Approved      | 1    | 1    | 1    | 907  | 652   | 533   |
|                      | ,714 | ,163 | ,459 |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Value of Approvals   | \$85 | \$58 | \$72 | \$45 | \$3   | \$2   |
|                      | ,700 | ,150 | ,950 | ,350 | 2,600 | 6,650 |
+----------------------+------+------+------+------+-------+-------+
| **On-Site            |      |      |      |      |       |       |
| Participants**       |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Pending, Beginning   | 260  | 260  | 267  | 246  | 204   | 185   |
| of Year              |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Filed         | 274  | 231  | 268  | 173  | 152   | 134   |
+----------------------+------+------+------+------+-------+-------+
| Claims Approved      | 175  | 100  | 181  | 82   | 64    | 59    |
+----------------------+------+------+------+------+-------+-------+
| Value of Approvals   | \$12 | \$7  | \$12 | \$5  | \$    | \$    |
|                      | ,756 | ,086 | ,666 | ,698 | 4,800 | 4,425 |
+----------------------+------+------+------+------+-------+-------+
| **Subtotal Section 4 |      |      |      |      |       |       |
| Claims**             |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Pending, Beginning   | 1    | 1    | 1    | 1    | 1,291 | 1,178 |
| of Year              | ,950 | ,841 | ,803 | ,383 |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Filed         | 2    | 1    | 1    | 1    | 953   | 775   |
|                      | ,394 | ,748 | ,636 | ,173 |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Approved      | 1    | 1    | 1    | 989  | 716   | 592   |
|                      | ,889 | ,263 | ,640 |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Value of Approvals   | \$98 | \$65 | \$85 | \$51 | \$3   | \$3   |
|                      | ,456 | ,236 | ,616 | ,048 | 7,400 | 1,075 |
+----------------------+------+------+------+------+-------+-------+
|                      |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Section 5 Claims   |      |      |      |      |       |       |
| (Uranium Miners,     |      |      |      |      |       |       |
| Millers, and Ore     |      |      |      |      |       |       |
| Transporters)**      |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Pending, Beginning   | 740  | 971  | 813  | 643  | 759   | 674   |
| of Year              |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Filed         | 800  | 715  | 942  | 1    | 1,036 | 987   |
|                      |      |      |      | ,087 |       |       |
+----------------------+------+------+------+------+-------+-------+
| Claims Approved      | 438  | 539  | 845  | 787  | 672   | 640   |
+----------------------+------+------+------+------+-------+-------+
| Value of Approvals   | \$43 | \$53 | \$84 | \$78 | \$6   | \$6   |
|                      | ,800 | ,900 | ,407 | ,700 | 7,200 | 4,000 |
+----------------------+------+------+------+------+-------+-------+
|                      |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| **TOTAL**            |      |      |      |      |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Pending, Beginning | *    | *    | *    | *    | **2,  | **1,  |
| of Year**            | *2,6 | *2,8 | *2,6 | *2,0 | 050** | 852** |
|                      | 90** | 12** | 16** | 26** |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Claims Filed**     | *    | *    | *    | *    | **1,  | **1,  |
|                      | *3,1 | *2,4 | *2,5 | *2,2 | 989** | 762** |
|                      | 94** | 63** | 78** | 60** |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Claims Approved**  | *    | *    | *    | *    | **1,  | **1,  |
|                      | *2,3 | *1,8 | *2,4 | *1,7 | 388** | 232** |
|                      | 27** | 02** | 85** | 76** |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Value of           | *    | *    | *    | *    | **\   | **    |
| Approvals**          | *\$1 | *\$1 | *\$1 | *\$1 | $104, | \$95, |
|                      | 42,2 | 19,1 | 70,0 | 29,7 | 600** | 075** |
|                      | 56** | 36** | 23** | 48** |       |       |
+----------------------+------+------+------+------+-------+-------+
| **Claims Denied**    | **7  | **8  | **6  | **4  | **    | **    |
|                      | 45** | 57** | 83** | 60** | 799** | 716** |
+----------------------+------+------+------+------+-------+-------+
| **Approval Rate**    | **7  | **6  | **7  | **7  | **    | **    |
|                      | 6%** | 8%** | 8%** | 9%** | 63%** | 63%** |
+----------------------+------+------+------+------+-------+-------+