Civil Division
United States Department of Justice
Radiation Exposure Compensation Act Trust Fund
FY 2012 Performance Budget
Congressional Budget Submission
Table of Contents
Page No.
I. Overview........................................................................................................................................... 1
II. 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
III. Exhibits
A.
Organizational Chart#
B.
Summary of Requirements
C.
Program Increases by Decision Unit#
D.
Resources by DOJ Strategic Goal/Objective
E.
Justification for Base Adjustments
F.
Crosswalk of 2010 Availability
G.
Crosswalk of 2011 Availability
H.
Summary of Reimbursable Resources#
I.
Detail of Permanent Positions by Category#
J.
Financial Analysis of Program Increases/Offsets#
K.
Summary of Requirements by Grade#
L.
Summary of Requirements by Object Class
M. Status of Congressionally Requested Studies, Reports, and Evaluations#
#Not applicable
Radiation Exposure Compensation Act Trust Fund
Overview
On October 5, 1990, Congress passed the Radiation Exposure Compensation Act (the Act or 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 the
“It is the purpose of this Act to establish a
uranium industry during the build‐up to the Cold
procedure to make partial restitution to the
War. This unique program was designed as an
individuals… for the burdens they have
alternative to litigation in that the statutory criteria
do not require claimants to establish causality. borne for the Nation as a whole. …The
Congress apologizes on behalf of the
Specifically, if the claimant can satisfy the
Nation to the individuals… and their
requirements outlined in the statute, which include
families for the hardships they have
demonstrating that he or she contracted a
endured.”
compensable disease after working or residing in a
designated location for a specified period of time,
Radiation Exposure Compensation Act
he or she qualifies for compensation. 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, 33,107 claims have been filed and over $1.5 billion has been awarded in connection with
23,408 approved claims (as of January 1, 2011).
The Program is responsible for providing outreach to affected communities. Many claims are filed by
individuals living in and around the Four Corners region of Utah, Colorado, New Mexico, and Arizona.
This claimant population includes members of several Native American tribes. The Program has
implemented a new outreach program, involving student interns from the Four Corners region. By
utilizing students from these communities in the outreach efforts, the Program hopes that greater
access can be established to remote areas of the Indian reservations to aid an increasing number of
potential claimants in the application process.
Program Description
Mission Statement: Fairly and expeditiously adjudicate claims, fully consistent with the Radiation
Exposure Compensation Act, as amended; educate the public about the Act; and develop
strategies for improving the Program.
The Program office is located in Washington, D.C., and is administered by a staff of five attorneys, 11
claims examiners, and two contractor employees 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 and has far surpassed its
goals for the timely processing and adjudication of claims.
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Background
From 1945 through 1962, the United States conducted nearly 200 atmospheric nuclear weapons tests
while building the arsenal that became the cornerstone of the nation’s Cold War security strategy. The
mining and processing of uranium ore that was conducted by tons of thousands of workers was essential
to the development of nuclear weapons. Many workers filed class action lawsuits that were eventually
dismissed by the appellate courts. Congress then devised a program to make partial restitution to the
individuals who developed serious illnesses after their exposure to radiation released during above‐
ground atmospheric nuclear tests or following their employment in the uranium industry. Congress
passed the Radiation Exposure Compensation Act on October 5, 1990, and later broadened the scope of
the Act’s coverage on July 10, 2000.
Department issued regulations were designed to utilize existing records so that claims could be resolved
in a reliable, objective, and non‐adversarial manner, with little administrative cost to the United States
or to the person filing the claim.
The Act established monetary compensation for individuals who contracted specified diseases in three
defined populations: uranium workers (uranium miners, millers, and ore transporters), who receive
$100,000; individuals present at test site locations (on‐site participants), who receive $75,000; and
individuals who lived downwind of the Nevada Test Site (downwinders), who receive $50,000.
The geographic areas covered by the Program relative to each claimant population are defined below:
The Program has awarded compensation to individuals residing in every state as well as several foreign
countries.
Today, the RECA Program is at the center of a broad inter‐agency network that comprises the
comprehensive federal radiation compensation system. The RECA Program works in concert with the
Departments of Health and Human Services (HHS), Labor, Veterans Affairs, and Defense to administer
the Act.
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Outreach
The Program regularly engages in outreach activities to educate relevant communities on the availability
of compensation under the Act and the application process. During FY 2010, Program staff traveled to
the Navajo Indian Reservation in Shiprock, New Mexico to conduct two outreach training events. At
both events, Program staff met with tribal leaders, assisted claimants with pending claims, and
coordinated training sessions for local case workers at the Office of Navajo Uranium Workers, an office
chartered by the Navajo Nation to assist tribal members in filing RECA claims. RECA staff also visited Salt
Lake City, Utah to examine records and to discuss potential sources of documentary evidence for
establishing RECA’s eligibility criteria for downwinder claimants.
In FY 2010, RECA organized a new outreach program involving undergraduate and graduate students.
This program was designed to accomplish more effective outreach to Native American populations in
the Four Corners region of New Mexico, Arizona, Utah, and Colorado. This outreach effort brought
college or graduate students to Washington, D.C., mainly from the Four Corners region, where they
were educated about the RECA Program, the claims application process, and the types and sources of
information needed to successfully adjudicate claims. The curriculum focused particularly on special
concerns and difficulties faced by Native American populations in successfully presenting RECA claims.
Upon returning to the Four Corners region, the students were offered part‐time employment conducting
intensive RECA outreach efforts in their communities.
Two training sessions took place during the summer of FY 2010, and the students who completed the
June session have finished their part‐time employment. The second session students began their part‐
time employment in January. The students employed in the outreach program have traveled into the
tribal communities to provide information to potentially eligible persons, assist eligible persons in
preparing RECA applications, and educate social workers and medical professionals in the Four Corners
region on the existence and requirements of the Program. The interns have already made major strides
in improving RECA’s outreach and have yielded impressive results in their ability to reach out to a wide
network of potential claimants. Since the start of their employment, interns have developed 49 claims,
five of which have been filed with the RECA Program (and remain pending). Additionally, interns have
published four articles in local papers and newsletters, spoken at 16 community engagements, and
hosted 30 outreach meetings.
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 eligible RECA claims will be paid in a timely manner 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 onsite 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 life of the program, over 33,000 claims have been filed with the Program. This includes 9,276
denials and 23,408 approvals, which is an approximate 72 percent approval rate. Total RECA awards
over the life of the Program exceed $1.5 billion (as of January 1, 2011). Approximately 160 new claims
are filed each month. Of those claims that have been denied since 1992, only 11 claimants have sought
review in federal district court. The Division estimates that approximately $72,000,000 in approvals will
be paid out in FY 2012.
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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 claimant files to decide 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 and publish regularly
updated statistical information on data.gov.
Conduct outreach by traveling to areas with populations of potential claimants and participating in
roundtable discussions held by congressional delegations for their constituents.
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Radiation Exposure Compensation Act Workload
Claims Filed and Approved
(Dollars in Thousands)
FY 2006 FY 2007 FY 2008 FY 2009 FY 2010
Actual
Actual
Actual
Actual
Actual
Section 4 Claims:
Downwinders
Pending, Beginning of Year
Claims Filed
Claims Approved
Value of Approvals
On-Site Participants
Pending, Beginning of Year
Claims Filed
Claims Approved
Value of Approvals
Subtotal Section 4 Claims
Pending, Beginning of Year
Claims Filed
Claims Approved
Value of Approvals
FY 2011
Estimate
FY 2012
Estimate
1,139
999
902
$45,100
1,093
1,038
1,360
$68,000
424
1,131
985
$49,250
366
1,137
1,053
$52,650
296
1,128
1,037
$51,850
300
1,275
1,190
$59,500
298
1,321
1,212
$60,600
247
174
80
$5,548
208
148
156
$11,280
91
158
91
$6,438
70
191
115
$8,437
52
247
133
$9,656
60
273
166
$12,475
47
241
151
$11,325
1,386
1,173
982
$50,648
1,301
1,186
1,516
$79,280
515
1,289
1,076
$55,688
436
1,328
1,168
$61,087
348
1,375
1,170
$61,506
360
1,548
1,356
$71,975
345
1,562
1,363
$71,925
Section 5 Claims (Uranium Miners, Millers, and Ore Transporters)
Pending, Beginning of Year
643
760
294
205
Claims Filed
1,087
659
700
575
Claims Approved
786
748
486
332
Value of Approvals
$78,600 $74,776 $48,600 $33,200
216
453
296
$29,600
191
448
314
$31,400
172
437
305
$30,500
TOTAL
Pending, Beginning of Yr
Claims Filed
Claims Approved
Claims Denied
Total Adjudications
(Approved + Denied)
Approval Rate
Value of Approvals
2,029
2,260
1,768
460
2,061
1,845
2,264
833
809
1,989
1,562
597
641
1,903
1,500
482
564
1,828
1,466
467
551
1,996
1,670
510
517
1,999
1,668
501
2,228
3,097
2,159
1,982
1,933
2,180
2,169
76%
$94,287
76%
$91,106
77%
$103,375
77%
$102,425
79%
73%
72%
$129,248 $154,056 $104,288
6
