[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 [www.gpo.gov]
[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 
www.justice.gov/civil/common/reca, 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]
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