U.S. Department of JusticeU.S. Department of Justice Radiation Exposure Compensation ProgramRadiation Exposure Compensation Program

Presentation to U.S. Department of Health and Human Presentation to U.S. Department of Health and Human ServicesServices

Health Resources and Services AdministrationHealth Resources and Services AdministrationORHP Grantee Partnership MeetingORHP Grantee Partnership Meeting

September 1, 2009

Dianne S. SpellbergActing Assistant Director, Torts Branch

202-616-4129dianne.spellberg@usdoj.gov

Operation CROSSROADS (Shot BAKER), Pacific Test Site 1946

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From 1945 through 1962, the United States conducted nearly 200 atmospheric From 1945 through 1962, the United States conducted nearly 200 atmospheric nuclear weapons tests. Congress passed the Radiation Exposure Compensation Act 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 (“RECA”), 42 U.S. C. § 2210 (2006), on October 5, 1990, and later broadened the scope of the Act’s coverage on July 10, 2000.scope of the Act’s coverage on July 10, 2000.

RECA

Federal Radiation CompensationNetwork of Interagency Systems

DOJHHS

DOD

DVADOL

Defense Threat Reduction Agency

Radiation Exposure Compensation Program

Radiation Exposure Screening and Education Program (RESEP)

Energy Employees Occupational Illness Compensation Program (EEOICP)

Offset Calculation for Uniformed Veterans

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RECA

Radiation Exposure Compensation ActRadiation Exposure Compensation Act

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RECA

Claim OverviewReceive Claim

Initial Review

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

Approval

Requests:•ID•Presence•Medical Records•Declarations

Supplemental Material

Denial

No Response

Operation UPSHOT-KNOTHOLE (Shot BADGER), Nevada Test Site 1953 5

RECA

RECA Program HistoryRECA Program History

July 28, 2009 6

19992000

20012002

20032004

20052006

20072008

2009

0500

1000150020002500300035004000

Number of Receipts DenialsApprovals Pending

RECA

Claims AdjudicationClaims Adjudication(from April 1992 to July 28, 2009)(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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RECA

OutreachOutreach 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 8

RECA

Uranium Mining, post-1971• 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 government’s procurement program in 1971, the federal government did not purchase any more uranium.

• The Act’s coverage, which ends in 1971, is based on the rationale that the government ceased its involvement in the uranium production industry by that time.

RECA

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Mohave County, AZ• 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 Act’s 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

RECA

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Pending Legislation Related to Pending Legislation Related to RECA – 111th CongressRECA – 111th Congress

• 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.

RECA

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Resources and BudgetResources and BudgetResources

Program staff includes an Assistant Director; 1 Senior Counsel; 2 trial attorneys; 12 paralegals; 1 payment specialist; 1 law clerk; and 3 contractor employees.

BudgetMonetary 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 PROGRAMS

WORKING TOGETHER

RECA

Operation CASTLE (Shot BRAVO), Pacific Test Site 195413

Federal Radiation Compensation Network

RECA

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Part BAdditional $50,000 + medical benefits

Claim approved under Section 5 of RECA (uranium miners, millers and ore transporters)

Within two weeks, RECA Program sends awardees EEOICP information packet:

Cover letterFAQsClaim formsPre-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

RECADOJ/DOL Inter-Agency ProcessDOJ/DOL Inter-Agency Process

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• 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

Medical & Employment RecordsMedical & Employment Records RECA

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