U.S. Department of Justice Radiation Exposure Compensation Program

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U.S. Department of Justice Radiation Exposure
Compensation Program
Presentation to U.S. Department of Health and
Human Services Health Resources and Services
Administration ORHP Grantee Partnership
Meeting September 1, 2009
Dianne S. Spellberg Acting Assistant Director,
Torts Branch 202-616-4129 dianne.spellberg_at_usdoj.g
ov
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RECA
From 1945 through 1962, the United States
conducted nearly 200 atmospheric nuclear weapons
tests. Congress passed the Radiation Exposure
Compensation Act (RECA), 42 U.S. C. 2210
(2006), on October 5, 1990, and later broadened
the scope of the Acts coverage on July 10, 2000.
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Operation CROSSROADS (Shot BAKER), Pacific Test
Site 1946
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Federal Radiation CompensationNetwork of
Interagency Systems
RECA
DOJ
HHS
Radiation Exposure Compensation Program
DOD
Radiation Exposure Screening and Education
Program (RESEP)
Defense Threat Reduction Agency
DVA
DOL
Offset Calculation for Uniformed Veterans
Energy Employees Occupational Illness
Compensation Program (EEOICP)
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RECA
Radiation Exposure Compensation Act


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RECA
Claim Overview
Receive Claim
Initial Review
Approval
Supplemental Material

• 60-Day Deficiency Letter
• ID
• Presence
• NCD

• Requests
• ID
• Presence
• Medical Records
• Declarations

No Response
Denial
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Operation UPSHOT-KNOTHOLE (Shot BADGER), Nevada
Test Site 1953
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RECA
RECA Program History
July 28, 2009 6
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RECA
Claims Adjudication (from April 1992 to July 28,
2009)
Claim Type Pending Approved Approved Denied Total
Downwinder 364 13,356 667,770,000 3,574 17,284
Onsite Participant 53 1,331 95,238,639 1,562 2,950
Uranium Miner 134 5,105 509,774,560 3,077 8,314
Uranium Miller 41 1,247 124,700,000 349 1,643
Ore Transporter 2 258 25,800,000 98 359
TOTAL 593 21,297 1,423,283,199 8,660 30,550
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Outreach
RECA

• Since 1992, consistent outreach efforts to
  American Southwest
• Extensive cooperation with Navajo Nation, Hopi,
  Yavapai Apache, and other Southwest tribes
• FY 2009 Navajo Administrative visit to Shiprock,
  New Mexico, to assist Office of Navajo Uranium
  Workers and participate in meeting of Navajo
  Medicine Man Association Program staff
  participated in town hall meetings in Grand
  Junction, CO, and with Yavapai Apache in Camp
  Verde, AZ

FY 2006 FY 2007 FY 2008 FY 2009240
hours 537 hours
768 hours 566 hours
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Uranium Mining, post-1971
RECA

• From 1942-1971 the United States government was
  involved in the uranium industry. During a
  significant portion of this time, 1947 thorough
  1966, the government was the sole purchaser of
  uranium ore. After the termination of the
  governments procurement program in 1971, the
  federal government did not purchase any more
  uranium.
• The Acts coverage, which ends in 1971, is based
  on the rationale that the government ceased its
  involvement in the uranium production industry by
  that time.

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Mohave County, AZ
RECA

• 1990 Congress passed the Radiation Exposure
  Compensation Act
• Section 4(b)(1)(C) of the Act affected area
  means, in the State of Arizona, the counties of
  Coconino, Yavapai, Navajo, Apache, and Gila, and
  that part of Arizona that is north of the Grand
  Canyon
• 2000 Congress broadened the scope of the Acts
  coverage, but inexplicably struck the phrase and
  that part of Arizona that is north of the Grand
  Canyon
• 2002 Congress put back the phrase which included
  that part of Arizona that is north of the Grand
  Canyon as a downwind area

At no point has the Act ever covered the part of
Mohave County, Arizona, that is south of the
Grand Canyon
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Pending Legislation Related to RECA 111th
Congress
RECA

• S. 1342 To include Idaho and Montana as downwind
  areas.
• H.R. 1630 To include the Territory of Guam as a
  downwind area.
• S. 757/H.R. 1828 To add 10 new compensable
  diseases for downwinder and onsite participant
  claimants

S. 1342, H.R. 1630, and S. 757/H.R. 1828 were
introduced in the 109th and 110th Congressional
sessions and re-introduced in the 111th Congress.
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Resources and Budget
RECA

• Resources
• Program staff includes an Assistant Director 1
  Senior Counsel 2 trial attorneys 12 paralegals
  1 payment specialist 1 law clerk and 3
  contractor employees.
• Budget
• Monetary awards are paid from the Radiation
  Exposure Compensation Act (RECA) Trust Fund.
• Since FY 2006, the Consolidated Appropriations
  Act for 2005 authorized mandatory and
  indefinite funding for the Program. Also, this
  legislation directed that the Trust Fund
  exclusively pay Section 4 claimants (downwinders
  and on-site participants).
• RECA Section 5 claimants (uranium miners,
  millers, and ore transporters) are paid from the
  Energy Employees Occupational Illness
  Compensation Act Fund.

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RECA

• RECA AND EEOICPA PROGRAMSWORKING TOGETHER

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Operation CASTLE (Shot BRAVO), Pacific Test Site
1954
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Federal Radiation Compensation Network
RECA
Part B Additional 50,000 medical benefits
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RECA
DOJ/DOL Inter-Agency Process

• Claim approved under Section 5 of RECA (uranium
  miners, millers and ore transporters)
• Within two weeks, RECA Program sends awardees
  EEOICP information packet
• Cover letter
• FAQs
• Claim forms
• Pre-addressed envelope for DOL/Denver
• DOL sends letter to the RECA Program requesting
  confirmation of status under RECA
• Routine Use Notice allows DOJ to release
  information from
• RECA files
• RECA Program sends response to DOL confirming
  status within 30 days

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RECA
Medical Employment Records

• Part E of EEOICPA requires evaluation of medical
  and employment records
• Limited burden on claimants to provide this
  information to DOL
• RECA Program provides copies of medical and
  employment records directly to DOL

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