Rule2023-00865
Radiation Exposure Compensation Act: Procedures for Claims Submitted at the Revised Statutory Filing Deadline
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2023
Effective
January 23, 2023
Issuing agencies
Justice Department
Abstract
The Department of Justice ("the Department") is publishing this document to update the public of the Department's procedures for filing claims under the Radiation Exposure Compensation Act ("RECA") at the revised statutory filing deadline. This document supersedes the Department's notification of Procedures for Claims Submitted at the Statutory Filing Deadline (Dec. 9, 2020).
Full Text
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<title>Federal Register, Volume 88 Issue 14 (Monday, January 23, 2023)</title>
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[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3918-3919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00865]
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DEPARTMENT OF JUSTICE
28 CFR Part 79
[CIV Docket No.161]
Radiation Exposure Compensation Act: Procedures for Claims
Submitted at the Revised Statutory Filing Deadline
AGENCY: Civil Division, Department of Justice.
ACTION: Notification of procedures.
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SUMMARY: The Department of Justice (``the Department'') is publishing
this document to update the public of the Department's procedures for
filing claims under the Radiation Exposure Compensation Act (``RECA'')
at the revised statutory filing deadline. This document supersedes the
Department's notification of Procedures for Claims Submitted at the
Statutory Filing Deadline (Dec. 9, 2020).
DATES: The policy is effective on January 23, 2023.
FOR FURTHER INFORMATION CONTACT: Gerard W. Fischer (Assistant
Director), 202-616-4090, Constitutional and Specialized Tort Litigation
Section, Torts Branch, Civil Division, Department of Justice,
Washington, DC 20530.
SUPPLEMENTARY INFORMATION:
Overview
The RECA Extension Act of 2022 (``the Extension Act''), Public Law
117-139, requires that the RECA Trust Fund shall terminate on the date
that is 2 years after the law's date of enactment, June 7, 2022. In
addition, a claim to which RECA applies shall be barred unless the
claim is filed not later than 2 years after the date of enactment of
the RECA Extension Act of 2022. The statute is silent with respect to
whether the RECA Trust Fund will be available to pay timely,
meritorious claims received at the filing deadline.
The Department is publishing this document to articulate its policy
that all timely filed, meritorious RECA claims shall be paid. This
policy is consistent with the statutory requirements that the
Department determine eligibility within 12 months of filing and pay
meritorious claims within 6 weeks of approval. The amended statutory
filing deadline, June 8, 2024, is a Saturday. Accordingly, claims that
bear a date of June 10, 2024, on the postmark or stamp by another
commercial carrier shall be deemed timely filed upon receipt by the
Radiation Exposure Compensation Program. The Department will return
untimely claims and will not accept electronic submissions.
Documentation to establish the eligibility of any potential beneficiary
of an awarded claim must be provided by June 10, 2024, or within the
12-month determination period provided by the Act, or the award shall
be deemed rejected.
Background
Codified at 42 U.S.C. 2210 note, the Radiation Exposure
Compensation Act (``RECA'') offers an apology and monetary compensation
to individuals (or their survivors) who have contracted certain cancers
and other serious diseases following exposure to radiation released
during above-ground atmospheric nuclear weapons tests, or following
their employment in the uranium production industry during specified
periods. This unique program was designed by Congress as an alternative
to litigation in that the statutory criteria do not require claimants
to establish causation. Rather, 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 specific period of time, he or she
qualifies for compensation.
Congress charged the Attorney General with authority to establish
filing procedures under RECA, as well as responsibility for
adjudicating claims under the Act, and authorizing payment in those
claims which are determined to be qualified for compensation. The
Attorney General delegated these functions to the Constitutional and
Specialized Tort Litigation Section of the Torts Branch of the Civil
Division of the United States Department of Justice.
The RECA Extension Act of 2022
The RECA Extension Act of 2022 (``the Extension Act''), Public Law
117-139, was signed into law on June 7, 2022. The Extension Act
requires that
[[Page 3919]]
the RECA Trust Fund shall terminate on the date that is 2 years after
the law's date of enactment. In addition, a claim to which RECA applies
shall be barred unless the claim is filed not later than 2 years after
the date of enactment of the Extension Act. Accordingly, the RECA Trust
Fund terminates on June 8, 2024. The statute of limitations for new
RECA claims tolls on that date. The Extension Act is silent regarding
whether the RECA Trust Fund will be available for meritorious claims
submitted at the statutory filing deadline.
Statement of Policy
The Department is publishing this document to articulate its policy
that all timely filed, meritorious RECA claims against the RECA Trust
Fund will be paid, consistent with the requirements under RECA. Several
stakeholders have expressed concern that the termination of the RECA
Trust Fund on the deadline for claims may render it unavailable to pay
meritorious claims. Once a claim is filed with the Department, RECA
imposes statutory obligations for the Department to adjudicate the
claim within 12 months, and issue payment on any approved claims within
6 weeks of approval. RECA Sec. 6(d). These statutory obligations will
require the RECA Trust Fund to remain available until the Department
has determined entitlement for all timely filed claims, including
claims filed on the statutory filing deadline.
In addition, several stakeholders have noted that the revised
statutory filing deadline, June 8, 2024, is a Saturday. The Department
shall deem claims that bear a date of June 10, 2024, on the postmark or
stamp by another commercial carrier, timely filed upon their receipt by
the Radiation Exposure Compensation Program. This policy is consistent
with methods for computing time set forth at Federal Rule of Civil
Procedure 6(a), and with standard agency practice where a deadline
falls on a weekend or holiday establishing the next business day as the
deadline for submissions. The postmark requirement is consistent with
the Department's existing procedures for submitting claims at 28 CFR
79.71(a) and (b), requiring a claim to be submitted in writing on a
standard claim form and mailed to the address of the Radiation Exposure
Compensation Program. In addition, this policy allows claimants to
affirmatively establish the timely filing of their claim by obtaining a
postmark or other mailing date stamp consistent with the filing
deadline.
The regulation at Sec. 79.71(a) requires that claims be mailed to
the Department. Accordingly, the Department will not accept
electronically submitted claims.
Claims bearing a date on and after June 11, 2024, as indicated by
the postmark or stamp by another commercial carrier, shall be returned
to the submitting party due to untimely filing. Claims returned due to
untimely filing will include a letter from the Radiation Exposure
Compensation Program indicating the Department is barred by statute
from reviewing the claim or awarding compensation.
This policy applies to all claims received at the filing deadline,
including the resubmission of a previously denied claim under Sec. 8(b)
of RECA. Resubmissions of previously denied claims bearing a postmark
or stamp by another commercial carrier dated June 11, 2024, or later
shall be returned due to untimely filing.
For timely filed claims in which a share of the compensation award
is held in trust pending documentation to establish the eligibility of
a potential beneficiary, such shares of compensation shall be deemed
rejected consistent with 28 CFR 79.75(b) if sufficient documentation to
establish the eligibility of the potential beneficiary is not received
by June 10, 2024, or within the 12-month determination period provided
by the Act, whichever falls later.
This document is intended to inform the public of the Department's
policy regarding procedures for filing claims at the statutory
deadline. The Department will post this document to its RECA website at
<a href="http://www.justice.gov/civil/common/reca">www.justice.gov/civil/common/reca</a>, and continue to announce this policy
at outreach events and in communications with claimants, counsel, and
support groups.
This document supersedes the Department's notification of
Procedures for Claims Submitted at the Statutory Filing Deadline, 85 FR
79118 (Dec. 9, 2020).
Dated: January 12, 2023.
C. Salvatore D'Alessio, Jr.,
Director, Torts Branch, Civil Division.
[FR Doc. 2023-00865 Filed 1-20-23; 8:45 am]
BILLING CODE 4410-12-P
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</html>Indexed from Federal Register on January 23, 2023.
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