**GAO-02-1063R**                      Aug 28, 2002                  

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## Highlights

GAO reviewed the Department of Justice's (DOJ) new rule on technical amendments to claims under the Radiation Exposure Compensation Act Amendments of 2000. GAO noted that (1) the rule would revise DOJ's regulations to implement the Radiation Exposure Compensation Act Amendments of 2000, including expanding the list of compensable "downwinder" and "on site participant" diseases, adding to the list of "downwinder" geographical areas, modifying the burden of proof, and allowing previously denied claimants to file up to three more times; and (2) DOJ complied with applicable requirements in promulgating the rule.

##  Department of Justice: Claims Under the Radiation Exposure Compensation Act Amendments of 2000; Technical Amendments, GAO-02-1063R, August 28, 2002

B-291051August 28, 2002The Honorable Patrick J. Leahy     Chairman     The Honorable Orrin G. Hatch     Ranking Minority Member     Committee on the Judiciary     United States SenateThe Honorable F. James Sensenbrenner, Jr.     Chairman     The Honorable John Conyers, Jr.     Ranking Minority Member     Committee on the Judiciary     House of Representatives     Subject:Department of Justice: Claims Under the Radiation Exposure Compensation Act Amendments of 2000; Technical AmendmentsPursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Justice    (DOJ), entitled Claims Under the Radiation Exposure Compensation Act Amendments of 2000; Technical Amendments (RIN: 1105-AA75).  We received the rule on August 22, 2002.     It was published in the Federal Register as a final rule on August 7, 2002.  67 Fed. Reg. 51422.     The final rule revises DOJ's regulations to implement the Radiation Exposure Compensation Act Amendments of 2000.  The changes include, among others, an expansion of the list of compensable    downwinder and onsite participant diseases, additions to the list of downwinder geographical areas, modifies the burden of proof, and allows previously    denied claimants to file up to three more times.     Enclosed is our assessment of the DOJ's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.  Our review indicates that    the DOJ complied with the applicable requirements.     On September 17, 2001, GAO issued a report entitled Radiation Exposure Compensation: Analysis of Justice's Program Administration.  GAO-01-1043.  We are currently    conducting a further review of the program.     If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210.  The official responsible for GAO evaluation work relating to the    subject matter of the rule is Norman Rabkin, Managing Director, Tax Administration and Justice.  Mr. Rabkin can be reached at (202) 512-9110.                 signed     Kathleen E. Wannisky     Managing Associate General Counsel     Enclosurecc: Dianne S. Spellberg     Senior Counsel     Civil Division, Torts Branch     Department of Justice            ENCLOSURE     ANALYSIS UNDER 5 U.S.C.  801(a)(1)(B)(i)-(iv) OF A MAJOR RULE     ISSUED BY THE     DEPARTMENT OF JUSTICE     ENTITLED     "CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS OF 2000; TECHNICAL AMENDMENTS"     (RIN: 1105-AA75)(i) Cost-benefit analysis     DOJ notes that the compensation payments provided for by the Radiation Exposure Compensation Act and the 2000 Amendments and implemented by the final rule will exceed $100 million a year for    several years.(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C.  603-605, 607, and 609     The Attorney General has certified that the final rule will not have a significant economic impact on a substantial number of small entities.(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.  1532-1535     As defined in title II, the final rule does not contain either an intergovernmental or private sector mandate of more than $100 million in any one year.(iv) Other relevant information or requirements under acts and executive orders     Administrative Procedure Act, 5 U.S.C.  551 etseq.     DOJ states that it found good cause as required under 5 U.S.C. 553(b)(3)(B) and (d)(2) to forego public notice of a proposed rulemaking and opportunity for public comment because    the final rule merely conforms to the 2000 Amendments and does not expand upon the provisions of the statute.     Paperwork Reduction Act, 44 U.S.C.  3501-3520     The final rule contains an information collection that has already been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act and assigned OMB No.    1105-0052.     Statutory authorization for the rule     The final rule is promulgated under the authority contained in sections 6(a), 6(i), and 6(j) of the Radiation Exposure Compensation Act (Pub. L. 101-426), as amended by sections 3(c-h) of the    Radiation Exposure Compensation Act Amendments of 2000 (Pub. L. 106-245)(42 U.S.C. 2210 note).     Executive Order No. 12866     The final rule was reviewed by OMB and found to be an economically significant regulatory action under the order.     Executive Order No. 13132 (Federalism)     The final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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