**Civil Division**

**U.S. Department of Justice**

**Radiation Exposure Compensation Act Trust Fund**

**FY 2009 PERFORMANCE BUDGET**

**Congressional Submission**

**February 2008\
**

Table of Contents
=================

**Page No.**

**I. Overview 1**

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

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

IV\. Decision Unit Justification

**1. Program Description 1**

**2. Performance Tables N/A**

**3.** Performance, Resources, and Strategies 5

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 2007 Availability**

G.  **Crosswalk of 2008 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**

N.  **Modular Costs for New Positions N/A**

O.  **Information on Overseas Staffing N/A**

**\
Radiation Exposure Compensation Act Trust Fund**

**Overview**

On October 5, 1990, Congress passed the Radiation Exposure Compensation
Act (RECA or the Act). 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 the uranium industry
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 (DOJ) established the Radiation Exposure
Compensation Program (the Program) within the Civil Division. The
Program commenced operations in April 1992. Since its inception, 27,492
claims have been filed and over \$1.2 billion has been awarded to 18,885
claimants (as of January 6, 2008).

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

Electronic copies of DOJ'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/2009justification/>.

**Program Description**

The 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.

**Background**

From 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 transporting 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 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.

On 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 (above-ground uranium
miners, uranium mill workers, and ore transporters) who receive
\$100,000 in compensation; the expansion of eligible diseases,
geographic areas, and time period; and the 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.

**Scientific Studies**

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 concluded
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.

**Proposed Legislation**

As a result of this study, regardless of the findings, there was
initially a rise in the number of claims filed due to increased
awareness of the Program within affected communities. The study also
spurred congressional interest. Legislation to amend RECA has been
introduced in the current session of Congress. On August 1, 2007,
Senators Craig, Crapo, Baucus, and Tester sponsored legislation (S.
1917) to add the states of Idaho and Montana as affected "downwinder"
areas. On August 3, 2007, Congresswoman Bordallo introduced a bill (H.R.
3379) to include the Territory of Guam. Current workload and funding
projections do not account for the possible impact of any scientific
studies or substantive statutory changes.

**Government Accountability Office (GAO) Audit**

** **

Since enactment of the 2000 Amendments, which included a provision
requiring GAO to report to Congress every 18 months on the
administration of the Program, there have been four audit
reports.  The most recent report on Program administration, dated
September 17, 2007, was very favorable.  The report noted that \$1.2
billion was paid to eligible claimants between 1992 and June 2007 and
almost half of that amount was paid to downwinder claimants.  GAO also
determined that average processing times for each individual category of
claims have decreased over the last four years.  No negative findings
were made and no response was required by the Department. The FY 2008
Omnibus Appropriations Bill, section 1502(g), struck this statutory
reporting requirement. 

 

**Funding History**

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. The
following statutes ensure that all compensable RECA claims will be fully
funded throughout the life of the Program.

-   The Consolidated Appropriations Act for 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.

**Claim Statistics**

Over the past 15 years, more than 26,700 claims have been filed with the
Program. Approximately 70 percent of the claims that have been
adjudicated were approved. In FY 2006, total RECA awards over the life
of the Program topped \$1 billion.

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 below shows how the 2000
Amendments changed the distribution of awards across the claimant
categories. The changes in statutory requirements for compensation
resulted in greater numbers of qualifying claimants, especially
downwinders.

![](media/image2.emf)

The table on page seven displays actual data from FY 2004 through FY
2007 and projections through FY 2009. Overall, the number of claims
filed has been decreasing -- there were 25 percent fewer new claims in
FY 2007 than in FY 2004. A decline in awards is also expected -- the
value of awards in FY 2009 is projected to be 40 percent less than in FY
2004. The projections are based on the following assumptions: 1) the
number of new claims filed will decline gradually; 2) the approval rate
will not increase significantly; and 3) there will be no substantive
statutory changes.

The Civil Division's projections for claim filings, adjudications, and
awards have been reviewed by the Department of Justice's independent
auditor since FY 2005. Using historic data, a model has been developed
to estimate the contingent liability associated with RECA awards through
the sunset of the program in FY 2022. Each year, the Civil Division has
received a clean audit opinion on this methodology and the resulting
liability estimates.

**Performance, Resources, and Strategies**

**Performance Plan and Report for Outcomes**

The Radiation Exposure Compensation Program supports Goal 2 of the
Department of Justice's Strategic Plan, specifically Objective 2.7:
"Vigorously enforce and represent the interests of the United States in
all matters over 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 (DOL) 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 participating in workshops held by congressional
    delegations for their constituents.  Last year, staff members
    traveled to the Navajo Indian Reservation to meet with tribal
    officials and representatives from the Navajo Nation, Office of
    Navajo Uranium Workers, and the Indian Health Service to discuss
    initiatives to increase efficiencies in claims adjudication.  Also,
    Program staff members attended town hall meetings with DOL officials
    in Shiprock and Grant, New Mexico; Grand Junction, Colorado; Moab,
    Utah; and Kayenta, Arizona, to assist in providing information
    regarding DOL and RECA benefits.

**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
    similar organizations that are studying the Act's eligibility
    criteria.

+---------+---------+---------+---------+---------+---------+---------+
| **Ra    |         |         |         |         |         |         |
| diation |         |         |         |         |         |         |
| E       |         |         |         |         |         |         |
| xposure |         |         |         |         |         |         |
| Compe   |         |         |         |         |         |         |
| nsation |         |         |         |         |         |         |
| Act     |         |         |         |         |         |         |
| Wor     |         |         |         |         |         |         |
| kload** |         |         |         |         |         |         |
|         |         |         |         |         |         |         |
| *       |         |         |         |         |         |         |
| *Claims |         |         |         |         |         |         |
| Filed   |         |         |         |         |         |         |
| and     |         |         |         |         |         |         |
| App     |         |         |         |         |         |         |
| roved** |         |         |         |         |         |         |
|         |         |         |         |         |         |         |
| (       |         |         |         |         |         |         |
| Dollars |         |         |         |         |         |         |
| in      |         |         |         |         |         |         |
| Tho     |         |         |         |         |         |         |
| usands) |         |         |         |         |         |         |
+=========+=========+=========+=========+=========+=========+=========+
|         | **FY    | **FY    | **FY    | **FY    | **FY    | **FY    |
|         | 2004**  | 2005**  | 2006**  | 2007**  | 2008**  | 2009    |
|         |         |         |         |         |         | Est     |
|         | **A     | **A     | **A     | **A     | **Est   | imate** |
|         | ctual** | ctual** | ctual** | ctual** | imate** |         |
+---------+---------+---------+---------+---------+---------+---------+
| **      |         |         |         |         |         |         |
| Section |         |         |         |         |         |         |
| 4       |         |         |         |         |         |         |
| Cl      |         |         |         |         |         |         |
| aims:** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| *       |         |         |         |         |         |         |
| *Downwi |         |         |         |         |         |         |
| nders** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| P       | 1,582   | 1,537   | 1,139   | 1,093   | 420     | 421     |
| ending, |         |         |         |         |         |         |
| Be      |         |         |         |         |         |         |
| ginning |         |         |         |         |         |         |
| of Year |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 1,517   | 1,367   | 999     | 1,037   | 849     | 695     |
| Filed   |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 1,163   | 1,457   | 902     | 1,363   | 713     | 549     |
| A       |         |         |         |         |         |         |
| pproved |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Value   | \       | \       | \       | \       | \       | \       |
| of      | $58,150 | $72,850 | $45,100 | $68,150 | $35,650 | $27,450 |
| Ap      |         |         |         |         |         |         |
| provals |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **      |         |         |         |         |         |         |
| On-Site |         |         |         |         |         |         |
| Partici |         |         |         |         |         |         |
| pants** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| P       | 260     | 268     | 247     | 208     | 91      | 89      |
| ending, |         |         |         |         |         |         |
| Be      |         |         |         |         |         |         |
| ginning |         |         |         |         |         |         |
| of Year |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 231     | 268     | 174     | 148     | 130     | 114     |
| Filed   |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 99      | 181     | 80      | 156     | 58      | 48      |
| A       |         |         |         |         |         |         |
| pproved |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Value   | \$7,053 | \       | \$5,547 | \       | \$4,350 | \$3,600 |
| of      |         | $12,666 |         | $11,280 |         |         |
| Ap      |         |         |         |         |         |         |
| provals |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **S     |         |         |         |         |         |         |
| ubtotal |         |         |         |         |         |         |
| Section |         |         |         |         |         |         |
| 4       |         |         |         |         |         |         |
| C       |         |         |         |         |         |         |
| laims** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| P       | 1,842   | 1,805   | 1,386   | 1,301   | 511     | 510     |
| ending, |         |         |         |         |         |         |
| Be      |         |         |         |         |         |         |
| ginning |         |         |         |         |         |         |
| of Year |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 1,748   | 1,635   | 1,173   | 1,185   | 979     | 809     |
| Filed   |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 1,262   | 1,638   | 982     | 1,519   | 771     | 597     |
| A       |         |         |         |         |         |         |
| pproved |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Value   | \       | \       | \       | \       | \       | \       |
| of      | $65,203 | $85,516 | $50,647 | $79,430 | $40,000 | $31,050 |
| Ap      |         |         |         |         |         |         |
| provals |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
|         |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **      |         |         |         |         |         |         |
| Section |         |         |         |         |         |         |
| 5       |         |         |         |         |         |         |
| Claims  |         |         |         |         |         |         |
| (       |         |         |         |         |         |         |
| Uranium |         |         |         |         |         |         |
| Miners, |         |         |         |         |         |         |
| M       |         |         |         |         |         |         |
| illers, |         |         |         |         |         |         |
| and Ore |         |         |         |         |         |         |
| T       |         |         |         |         |         |         |
| ranspor |         |         |         |         |         |         |
| ters)** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| P       | 971     | 813     | 644     | 761     | 296     | 244     |
| ending, |         |         |         |         |         |         |
| Be      |         |         |         |         |         |         |
| ginning |         |         |         |         |         |         |
| of Year |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 715     | 943     | 1,087   | 660     | 688     | 666     |
| Filed   |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Claims  | 539     | 845     | 786     | 748     | 495     | 400     |
| A       |         |         |         |         |         |         |
| pproved |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| Value   | \       | \       | \       | \       | \       | \       |
| of      | $53,900 | $84,407 | $78,600 | $74,776 | $49,500 | $40,000 |
| Ap      |         |         |         |         |         |         |
| provals |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
|         |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **      |         |         |         |         |         |         |
| TOTAL** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **P     | **      | **      | **      | **      | **807** | **754** |
| ending, | 2,813** | 2,618** | 2,030** | 2,062** |         |         |
| Be      |         |         |         |         |         |         |
| ginning |         |         |         |         |         |         |
| of      |         |         |         |         |         |         |
| Year**  |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| *       | **      | **      | **      | **      | **      | **      |
| *Claims | 2,463** | 2,578** | 2,260** | 1,845** | 1,667** | 1,475** |
| Filed** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| *       | **      | **      | **      | **      | **      | **997** |
| *Claims | 1,801** | 2,483** | 1,768** | 2,267** | 1,266** |         |
| App     |         |         |         |         |         |         |
| roved** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| *       | **857** | **683** | **460** | **833** | **454** | **408** |
| *Claims |         |         |         |         |         |         |
| D       |         |         |         |         |         |         |
| enied** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| *       | ***2    | ***3    | ***2    | ***3    | ***1    | ***1    |
| **Total | ,658*** | ,166*** | ,228*** | ,100*** | ,720*** | ,405*** |
| Ad      |         |         |         |         |         |         |
| judicat |         |         |         |         |         |         |
| ions*** |         |         |         |         |         |         |
|         |         |         |         |         |         |         |
| ***(A   |         |         |         |         |         |         |
| pproved |         |         |         |         |         |         |
| +       |         |         |         |         |         |         |
| Den     |         |         |         |         |         |         |
| ied)*** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **A     | **68%** | **78%** | **79%** | **73%** | **74%** | **71%** |
| pproval |         |         |         |         |         |         |
| Rate**  |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+
| **Value | **\$11  | **\$16  | **\$12  | **\$15  | **\$8   | **\$7   |
| of      | 9,103** | 9,923** | 9,247** | 4,206** | 9,500** | 1,050** |
| Appr    |         |         |         |         |         |         |
| ovals** |         |         |         |         |         |         |
+---------+---------+---------+---------+---------+---------+---------+