[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Rules and Regulations]
[Pages 79118-79120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26869]


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DEPARTMENT OF JUSTICE

 28 CFR Part 79

[CIV Docket No.159]


Radiation Exposure Compensation Act: Procedures for Claims 
Submitted at the 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 inform the public of the Department's procedures for 
filing

[[Page 79119]]

claims under the Radiation Exposure Compensation Act (``RECA'') at the 
statutory filing deadline. RECA requires that claims shall be barred 
unless filed within 22 years after the date of enactment of the 
Radiation Exposure Compensation Act Amendments of 2000. The Department 
is publishing this document to articulate its policy that RECA claims 
that bear a date of July 11, 2022 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. Consistent 
with the statutory requirement that the Department make a determination 
within 12 months of filing for timely filed claims, documentation to 
establish the eligibility of any potential beneficiary of an awarded 
claim must be provided by July 12, 2023, or the award shall be deemed 
rejected.

DATES: This document is effective on December 9, 2020.

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:

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 and responsibility for adjudicating claims under the 
Act. The Attorney General delegated this function to the Constitutional 
and Specialized Tort Litigation Section of the Torts Branch of the 
Civil Division of the United States Department of Justice.

Statutory Deadline for RECA Claims

    RECA was enacted on October 15, 1990, by Public Law 101-426. The 
statute of limitations under Public Law 101-426 set a 20 year period 
from the date of its enactment for parties to file claims with the 
Department of Justice. On July 10, 2000, the RECA Amendments of 2000 
were enacted as Public Law 106-245. The RECA Amendments of 2000 
provided expanded coverage and extended the filing period for claims 22 
years from its date of enactment.
    As codified at 42 U.S.C. 2210 note (2018), the deadline for claims 
under RECA is as follows:
    Under section 8, Limitations on Claims:
     In general--A claim to which this Act applies shall be 
barred unless the claim is filed within 22 years after the date of the 
enactment of the Radiation Exposure Compensation Act Amendments of 2000 
[July 10, 2000].
     Resubmittal of claims--After the date of the enactment of 
the Radiation Exposure Compensation Act Amendments of 2000 [July 10, 
2000], any claimant who has been denied compensation under this Act may 
resubmit a claim for consideration by the Attorney General in 
accordance with this Act not more than three times. Any resubmittal 
made before the date of the enactment of the Radiation Exposure 
Compensation Act Amendments of 2000 shall not be applied to the 
limitation under the preceding sentence.
    RECA delegates authority to the Department to establish procedures 
whereby individuals may submit claims for payments under the Act. 42 
U.S.C. 2210 note (2018), Sec. 6(a). For timely filed claims, RECA 
requires the Department to complete the determination on each claim 
filed not later than twelve months after the claim is filed. 42 U.S.C. 
2210 note (2018), sec. 6(d)(1).
    On March 23, 2004, the Department published a final rulemaking to 
implement the RECA Amendments of 2000. See 69 FR 13628; 28 CFR part 79. 
The regulation at Sec.  79.71(a) sets forth procedures for filing of 
claims, and requires them to be submitted in writing on a standard 
claim form and mailed with supporting documentation to the Radiation 
Exposure Compensation Program, P.O. Box 146, Ben Franklin Station, 
Washington DC 20044-0146. The regulation at Sec.  79.71(b) sets forth 
that ``[t]he Assistant Director will file a claim after receipt of the 
standard form with supporting documentation and examination for 
substantial compliance with this part.'' The final rulemaking did not 
address filing procedures on the statutory deadline for filing claims.

Statement of Policy

    As the deadline for filing claims approaches, several stakeholders 
have requested clarification with respect to the date of the last day 
for filing claims and the procedures for determining when a claim is 
filed. RECA does not set forth a method for calculating time. In 
addition, the apparent statutory filing deadline, July 10, 2022, is a 
Sunday. Finally, the Department's implementing regulations do not 
clearly state filing procedures on the last day.
    The Department is publishing this document to articulate its policy 
that RECA claims that bear a date of July 11, 2022 on the postmark or 
stamp by another commercial carrier shall be deemed timely filed upon 
receipt by the Radiation Exposure Compensation Program.
    A Monday, July 11, 2022 deadline is consistent with methods for 
computing time set forth at Federal Rule of Civil Procedure 6(a), and 
with standard agency practice in the event 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 Sec.  
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 July 12, 2022, 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

[[Page 79120]]

dated July 12, 2022 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 
within the 12 month determination period provided by the Act, or by 
July 12, 2023, whichever date falls earlier.
    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 
www.justice.gov/civil/common/reca, and continue to announce this policy 
at outreach events and in communications with claimants, counsel, and 
support groups.

    Dated: December 1, 2020.
Gerard W. Fischer,
Assistant Director, Torts Branch, Civil Division.
[FR Doc. 2020-26869 Filed 12-8-20; 8:45 am]
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