Radiation Exposure Compensation Act. Pub.L. 101-426 (1990). 4 STAT. 920 PUBLIC LAW 101-426--OCT. 15, 1990 Public Law 101-426 101st Congress An Act Oct. 15, 1990 To provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation form nuclear testing. Be it enacted by the Senate and House of Representatives of the United States of American in Congress assemble, Section 1. Short Title This Act may be cited as the "Radiation Exposure Compensation Act". Sec. 3. FINDINGS, PURPOSE AND APOLOGY. (a) Findings.--The Congress finds that--- (1) fallout emitted during the government's above-ground nuclear tests in Nevada exposed individuals who lived in the downwind affected area in Nevada, Utah, and Arizona to radiation that is presumed to have generated an excess of cancers among these individuals; (2) the health of the individuals who were unwitting participants in these tests was put at risk to serve the national security interests of the Untied States; (3) radiation released in underground uranium mines that were providing uranium for the primary use and benefit of the nuclear weapons program of the United States Government exposed miners to large doses of radiation and other airborne hazards in the mine environment that together are presumed to have produced an increased incidence of lung cancer and respiratory diseases among these miners; (4) the United States should recognize and assume responsibility of the harm done to these individuals; and (5) the congress recognizes that the lives and health of uranium miners and of innocent individual show lived downwind from the Nevada tests were involuntarily subjected to increased risk of injury and disease to serve the national security interests of the United States. (b) PURPOSE.--It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they ave borne for the Nation as a whole. (c) APOLOGY.--The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured. SEC. 3. TRUST FUND (a) ESTABLISHMENT.--There is established in the Treasury of the United States, a trust fund to be known as the "Radiation Exposure Compensation Trust Fun" (hereinafter in this Act referred to as the "Fund"), which shall be administered by the Secretary of the Treasury. (b) INVESTMENT OF AMOUNTS IN THE FUND.--Amounts in the fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from any such investment shall be credited to and become a part of the Fund. (c) AVAILABILITY OF THE FUND.--Amounts in the Fund shall be available only for disbursement by the Attorney General under Section 6. (d) TERMINATION.--The Fund shall terminate not later than the earlier of the date on which an amount has been expended form the Fund which is equal to the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, or 22 years after the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of that 22-year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Fund $100,000,000. Any amounts appropriated pursuant to this section are authorized to remain available until expended. SEC. 4 CLAIMS RELATING TO OPEN AIR NUCLEAR TESTING. (a)(1) CLAIMS RELATING TO CHILDHOOD LEUKEMIA.--Any individual who was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence and between 2 and 30 years of first exposure to the fallout, contracted leukemia (other than chronic lymphocytic leukemia), shall receive $50,000 if-- (A) initial exposure occurred prior to age 21, (B) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and (C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. (2) CLAIMS RELATING TO SPECIFIC DISEASES.--Any individual who was physically present in the affected area for a period of at least 2 years during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30,1 962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence, contracted a specified disease, shall receive $50,000 if-- (A) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and (B) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6. (b) DEFINITIONS. --For purposes of this section, the term-- (1)"affected area" means-- (A) in the State of Utah, the counties of Washington, Iron, Kane, Garfield, Sevier, Beaver, Millard, and Plute; (B) in the sate of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark County that consists of townships 13 through 16 at ranges 68 through 71; and (C) that part of Arizona that is north of the Grand Canyon wand west of the Colorado River; and (2) "specified diseases" means leukemia (other than chronic lymphocytic leukemia), provided that initial exposure occurred after the age of 20 and the onset of the disease was between 2 and 30 years of first exposure, and the following diseases, provided onset was at least 5 years after first exposure; multiple myeloma, lymphomas (other than Hodgkin's disease), and primary cancer of: the thyroid (provided initial exposure occurred by the age of 20), female breast (provided initial exposure occurred prior to age 30), esophagus (provided low alcohol consumption and not a heavy smoker), stomach (provided initial exposure occurred before age 20), pharynx (provided not a heavy smoker), small intestine, pancreas (provided not a heavy smoker and low coffee consumption), bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated). SEC. 5 CLAIMS RELATING TO URANIUM MINING. (a) ELIGIBILITY OF INDIVIDUALS.---Any individual who was employed in uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or Utah at any time during the period beginning on January 1, 1947, and ending on December 31, 1971, and who, in the course of such employment-- (1)(A) if a nonsmoker, was exposed to 200 or more working level months of radiation and submits written medical documentation that he or she, after such exposure, developed lung cancer, or (B) if a smoker, was exposed to 300 or more working level months of radiation and cancer incidence occurred before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of cancer incidence, and submits written medical documentation that he or she, after such exposure, developed lung cancer; or (2)(A) if a nonsmoker, was exposed to 300 or more working level months of radiation and the nonmalignant respiratory disease developed before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of disease incidence, and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease, shall receive $100,000, if-- (1) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and (2) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6. (b) DEFINITIONS.--For purposes of this section-- (1) the term "working level month of radiation" means radiation exposure at the level of one working level every work day for a month, or an equivalent exposure over a greater or lesser amount of time: (2) the term "working level" means the concentration of the short half-life daughters radon that will release (1.3 x 10*) million electron volts of alpha energy per liter of air; (3) the term "nonmalignant respiratory disease" means fibrosis of the lung, pulmonary fibrosis, and corpulmonale related to fibrosis of the lung; and if the claimant, whether Indian or non-Indians, worked in an uranium mine located on or within an Indian Reservation, the term shall also include moderate or severe silicosis or pneumoconiosis; and (4) the term "Indian tribe" means any indican tribe, band, nation, pueblo, or other organized group or community, that is recognized as eligible for special programs and services provided by the United States to Indian tribes because of their status as Indians. SEC. 6. Determination and Payment of Claims (a) ESTABLISHMENT OF FILING PROCEDURES -- The attorney General shall establish procedures whereby individuals may submit claims for payments under this ACT. (b) DETERMINATION OF CLAIMS -- (1) IN GENERAL -- The Attorney General shall, in accordance with this subsection, determine whether each claim filed under this Act meets the requirements of this Act. (2) CONSULTATION -- The Attorney General shall -- (A)in consultation with the Surgeon General shall, establish guidelines for determining what constitutes written medical documentation that an individual contracted a specified disease under section 4 or other disease specified in section 5; and (B) in consultation with the Director of the National Institute for Occupational Safety and Health, establish guidelines for determining what constitutes documentation that an individual was exposed to the working level months of radiation under section 5. The Attorney General may consult with the Surgeon General with respect to making determinations pursuant to the guidelines issued under subparagraph (A), and with the Director of the National Institute for Occupational Safety and Health with respect to making determinations pursuant to the guidelines issued under subparagraph (B). (c) PAYMENT OF CLAIMS -- (1) IN GENERAL. -- The Attorney General shall pay, from amounts available in the Fund, claims filed under this Act which the Attorney General determines meet the requirements of this Act. (2) OFFSET FOR CERTAIN PAYMENTS. -- A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4 or 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by that individual on account of -- (A) exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1) at any time during any period specified in section 4(a), or (B) exposure to radiation in a uranium mine at any time during the period described in section 5 (a). Uranium Mine safety and Health (3) RIGHT OF SURROGATION. -- Upon payment of a claim under this section, the United States Government is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in paragraph (2). (4) PAYMENTS IN THE CASE OF DECEASED PERSONS. -- (A) IN GENERAL -- In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If there is no surviving spouse described in clause (i), and if there are no children described n clause (ii) or parents described in clause (iii), such payment shall be made in equal shares to all grandchildren of the individual who are living at the time of payment. (B) INDIVIDUALS WHO ARE SURVIVORS -- If an individual eligible for payment under Section 4 or 5 dies before filing a claim under this Act. (C) DEFINITIONS-- For purposes of this paragraph -- (i) the "spouse" of an individual means a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual. (ii) a "child" includes a recognized natural child, a stepchild who lived with an individual in a regular parent- child relationship, and an adopted child; (ii) a "parent" includes fathers and mothers through adoption; (iv) a "grandchild" of an individual is a child of a child of that individual; and (v) a "grandparent" of an individual is a parent of a parent of that individual. (d) ACTION ON CLAIMS. -- The Attorney General shall complete the determination on each claim filed in accordance with the procedures established under subsection (a) not later than twelve months after the claim is so filed. (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES -- The acceptance of payment by an individual under this section shall be in full satisfaction of all claims of or on behalf of that individual against the United States, or against any person with respect to that person's performance of a contract with the United States, that arise out of exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1) at any time during any period described in section 4(a), or exposure to radiation in a uranium mine at any time during the period described in section 5(a). (f) ADMINISTRATIVE COSTS NOT PAID FROM THE FUND -- No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any individual. (g) TERMINATION OF DUTIES OF ATTORNEY GENERAL - The duties of the Attorney General under this section shall cease when the Fund terminates. (h) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS --Amounts paid to an individual under this section - (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) USE OF EXISTING RESOURCES - The Attorney General should use funds or resources available to the Attorney General to carry out his or her functions under this Act. (j) REGULATORY AUTHORITY - The Attorney General may issue such regulations as are necessary to carry out this Act. (k) ISSUANCE OF REGULATIONS, GUIDELINES, AND PROCEDURES - Regulations, guidelines, and procedures to carry out this Act shall be issued not later than 180 days after the date of the enactment of this Act. SECTION 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE, CHOICE OF REMEDIES (A) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE - No claim cognizable under this Act shall be assignable or transferable. (b) CHOICE OF REMEDIES - No individual may receive payment under both sections 4 and 5 of this Act. SEC. 8. LIMITATIONS ON CLAIMS. A claim to which this Act applies shall be barred unless the claim is filed within 20 years after the date of the enactment of this Act. SEC. 9. ATTORNEY FEES Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than 10 per centum of a payment made under this Act on such claim. Any such representative who violates this section shall be fined not more than $5,000. SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGERS A payment made under this act shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation. RESPONSE TO REQUEST FOR COMPENSATION PROGRAM INFORMATION 1. AGENCY OR DEPARTMENT U.S. Department of Justice (DOJ) Civil Division Torts Branch Constitutional and Specialized Torts Staff 2. NAME OF COMPENSATION PROGRAM Radiation Exposure Compensation Program (RECP) 3. LEGAL AUTHORITY FOR PROGRAM 42 U.S.C.A. 2210 note (Supp. 1993) 28 C.F.R. Part 79 "Claims Under the Radiation Exposure Compensation Act" The Act provides that DOJ has primary authority to implement RECP. other agencies involved in implementing RECP include: the Department of Health and Human Services (HHS), the National Institute for Occupational Safety and Health (NIOSH), and the Department of Veterans Affairs (VA). 4. BRIEF PROGRAM DESCRIPTION The Act authorizes the Attorney General to establish procedures for making lump-sum compassionate payments to individuals who contracted certain cancers or other serious diseases as a result of exposure to radiation released during established the Radiation Exposure Compensation Trust Fund to permit the payment of claims. 5. POPULATION COVERED BY THE PROGRAM To receive a compensation payment, a claimant must establish that he or she resided in one of the specified areas during the specified time period, participated in a nuclear weapons test, or was exposed to certain defined minimum levels of radiation in uranium mine, and developed one of the illnesses stipulated in the Act. The number of people eligible cannot be defined because eligibility is based upon the incidence of a qualifying disease in a population that is currently healthy, but may develop a disease in the future. Between April 1, 1992, and March 9, 1994, 3,759 claims were received. Of these claims, 1,692 were approved for payments totalling more than $122 million. A total of 1,571 claims have been denied. Current estimates are that approximately 1,000 claims will be file din FY 1995. 6. COMPENSATION The preamble to the Act includes a formal apology to qualifying individuals. Monetary compensation is provided in the following lump-sum amounts: Downwinders (or certain survivors) - $50,000 Onsite Participants (or certain survivors) - $75,000 Uranium Miners (or certain survivors) - $100,000 7. PROGRAM CONTRACTS Helene M. Goldberg Director, Torts Branch, Civil Division (202) 616-4140 FAX (202) 616-4313 Radiation Exposure Compensation Program P.O Box 146 Ben Franklin Station Washington, DC 20044-0146 APPENDICES A. PROGRAM COST Trust Fund Appropriations FY 1992 - $30 million FY 1993 - $170 million FY 1994 - None FY 1995 - None Administrative Expense Appropriations: FY 1992 - $1.9 million FY 1993 - $2.7 million FY 1994 - $2.7 million FY 1995 - $2.6 million B. IMPLEMENTATION ISSUES None. C. ADDITIONAL INFORMATION None. Radiation Exposure Compensation Act (PL 101-426, October 15, 1990) Rationale for legislation 1. Fallout from above-ground nuclear tests in Nevada exposed individuals who lived downwind in Nevada, Utah and Arizona to radiation. 2. Radiation released in underground uranium mines for the nuclear weapons program exposed miners to large doses of radiation and other airborne hazards. Purpose To make partial restitution for the burdens these individuals (and their survivors) have borne for the Nation. Eligibility for compensation Claimants must present evidence of presence in the defined geographic are for specified periods and acceptable written medical documentation of the following: A. Claims related to OPEN AIR NUCLEAR TESTING: 1. Childhood leukemia (other than chronic lymphocytic leukemia): contracted between 2 and 20 years of first exposure to the fallout. 2. Other specified diseases: - Leukemia (other than chronic lymphocytic leukemia), provided that initial exposure occurred after age 20 and the onset was between 2-30 years of first exposure; and - Provided onset was at least 5 years after first exposure: multile myeloma, lymphomas (other than Hodgkin's disease), and primary cancer of: they thyroid (provided initial exposure occurred by the age of 20), female breast (provided initial exposure occurred prior to age 40), esophagus (provided low alcohol consumption and not a heavy smoker), stomach (provided initial exposure occurred before age 30), pharynx (provided not a heavy smoker), small intestine, pancreas (provided not a heavy smoker and low coffee consumption), bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated). B. Claims related to URANIUM MINING: [Had to have been employed in a uranium mine in Colorado, New Mexico, Arizona, Wyoming, or Utah during January 1, 1947 - December 31, 1971] 1. Lung Cancer: - Nonsmoker, after exposed to 200 or more working level months of radiation, - Smoker, after exposed to 300 or more working level months of radiation and cancer incidence occurred before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of cancer incidence; or 2. Nonmalignant respiratory disease: - Non smoker, after exposed to 200 or more working level months of radiation; - Smoker, after exposed to 300 or more working level months of radiation. Definitions: - Working level: the concentration of the short half-life daughters of radon that will release (1.3 x 10 5) million electron volts of alpha energy per liter of air, - Nonmalignant respiratory disease: fibrosis of the lung, pulmonary fibrosis, and corpulmonale related to fibrosis of the lung; and if the claimant worked in an uranium mine on or within an Indian Reservation, moderate or severe silicosis or pneumoconiosis. Determination of Claims Attorney General, in consultation with Surgeon General, sets guidelines for determining what constitutes written medical documentation. Attorney General, in consultation with the Director of the National Institute of Occupational Health and Safety (NIOSH) sets guidelines for determining what constitutes documentation that an individual was exposed to the working level months of radiation. Payment of Claims Attorney General pays claims which he determines meet the requirements of the Act, offset by related awards or settlements other than insurance payments. Levels of Compensation 1. Claims related to Open Air Nuclear Testing: $50,000. 2. Claims related to Uranium Mining: $100,000. Financing Mechanism Radiation Exposure Compensation Trust Fund administered by the Treasury, with amounts disbursed by the Attorney General. Fund terminates 22 years after date of enactment of the Act. (Oct. 15, 1990). The Attorney General's administrative costs may not be paid from the Fund. Funding Authorization $100,000,0000 to remain available until expended. Payments and contracts under the Act are subject to the availability of appropriations. Other Provisions Congress apologizes on behalf of the Nation to the individuals and their families. Eligible survivors of a diseased claimant include spouses, children, grandchildren and grandparents. Acceptance of payment under this Act constitutes payment in full of any related claims against the United States. Claimant's attorneys may not receive more than 10 percent of any payment made on the claim. Department of Justice Summary Description of Procedures for Administration of Radiation Exposure Compensation Act of 1990 Radiation Exposure Compensation Act of 1990 Background: On October 15, 1990, Congress passed the Radiation Exposure Compensation Act: 42 U.S.C. # 2210 note (Supp. 1992), which provides for compassionate payments to individuals who contracted certain cancers and other serious diseases as a result of their exposure to radiation released during above-ground nuclear weapons tests or as a result of their exposure to radiation during employment in uranium mines. The Attorney General was given wide discretion in administering the program, including drafting regulations, reviewing and processing claims, authorizing payments, and assisting in representation of the Government in any associated litigation. In developing the regulations, the Civil Division contacted numerous experts, agencies and other interested persons. On September 9, 1991, the proposed rules were published. During the 45 day comment period, we received in excess of 125 comments on the regulations. Sections of the regulations were revised in light of these comments. On March 23, 1992, final regulations were signed. These regulations were published in the Federal Register on April 10, 1992. (A copy is attached at Tab A). The procedures established in the regulations are designed to utilize existing records so that claims can be resolved in a reliable, objective, and nonadversarial manner, quickly and with little administrative cost to the United States or to the person filing the claim. Categories and Criteria: There are 3 categories of claimants; uranium miners, downwinders, and onsite participants. Each category includes 2 eligibility criteria: exposure to radiation and existence of a compensable disease. 1 I.Uranium Miners. The Act specifies a payment of $100,000 to eligible uranium miners who worked during the years 1947 and 1971 in Arizona, Colorado, New Mexico, Wyoming or Utah. 5(a), 42 U.S.C 2210, 23 CFR 79.32. A. Exposure criterion. The claimant must have been exposed to certain threshold levels of radiation while mining uranium. The required level of exposure depends on whether the miner smoked cigarettes and the age at which he was diagnosed with the disease. 5(a), 42 U.S.C. 2210, 28 CFR 79.12. B. Disease criterion. The claimant must have later developed primary lung cancer or certain specified non- malignant respiratory diseases. 5(b) (3), 42 U.S.C., 2210, 28 CFR 79.31(b), (i) II. Downwinders. The Act specifies a payment of $50,000 to individuals satisfying the eligibility criteria. A. Exposure criterion. The claimant must have lived or worked downwind of atmospheric nuclear tests in certain counties in Utah, Nevada and Arizona for at least 24 months during the time period of January 21, 1951, and ending on October 31, 1958, or the entire period of June 30, 1962, to July 31, 1962. 4(a)(2)(A), (B), 42 U.S.C. 2210, 28 CFR 79.22(b). III. Onsite Participants. The Act specifies a payment of $75,000 to individuals satisfying the following eligibility criteria. A. Exposure Criterion. The claimant must have been present "on site" (primarily the Nevada or the Pacific Test Sites) at any time during a period of atmospheric nuclear testing and must have participated during that time in the atmospheric detonation of a nuclear device. #4(a) (2) (C), 42 U.S.C. #2210, 28 CFR 79.62(a), (b), B. Disease criterion. The claimant must have developed one of 13 spacified cancers. 24(b) (2), 42 U.S.C. #2210, 28 CFR 79.22(b). ________________ 1 A 4th category is childhood leukemia. Although included in the downwinder category, the criteria are basically the same except that the child must have been physically present in the area for only 12 months, first exposed to fallout prior to age 21 and includes only the disease of leukemia. 4(a)(1), 42 U.S.C. 2210, 28 CFR 79.12. Claim Procedures I. Submission of the Claim. The claimant, either acting on his or her own behalf or represented by counsel, submits a form provided by this office. A copy of each form and guidebook is attached at Tab B. The claim is then logged in and assigned a database identification number. II. Vertification of Eligibility. This is the most difficult and time-consuming step in the processing of claims. To expedite this process of verification, we have establised agreements with numerous information sources enabling us to quickly and easily obtain necessary information directly, without any expense to the claimant. We simply send the entity maintaining the database, a form, accompanied by the release signed by the claimant, which the entity returns to us with either the information we need or a statement that it has no records pertaining to the claimant. A. Information sources for verification of medical condition. 1. Medical information for all categories of claimants is available through state tumor/cancer registries. 28 CFR 79.35(c). 2. Medical information for claimants in the uranium miner category is also available from records of the Public Health Service and the National Institute of Occupational Safety and Health and from database maintained at St. Mary's Hospital in Grand Jnction, Colorado, and the University of New Mexico School of Medicine in Albuquerque, New Mexico. 28 CFR 79.35(b), (d), 79.36 (b), (c). The government conducted extensive studies of uranium miners through the Public Health Service and the National Institute of Occupational Safety and Health. Both St. Mary's Hospital and the University of New Mexico School of Medicine supervise ongoing federally assisted studies that collect information related to miners. 3. The specific records required for uranium miners who are currently alive may be obtained via medical testing at Miners Colfax Medical Center (NCMC). This evaluation process is used primarily by Navajos. Upon notice that a miner was evaluated by NCMC, we send a release and request for the information directly to NCMC which, in turn, forwards the B reader reports and pulmonary function tests or arterial blood gas studies to our office. In order to alleviate the time and expense involved in providing the actual chest X-ray, we have agreed with NCMC that they will make the x-ray available to us upon request. This system has worked very well for Navajo miners and allowed many Navajo claims to be quickly approved with no expense and little effort by the miner. 4. Most compensable diseases may be established with only 1 medical record, such as a death certificate, pathology report, physician summary, hospital admission or discharge summary. B. Information sources for verification of exposure to radiation. 1. Downwinders. a. Church of Jesus Christ of Latter-Day Saints. b. Contemporaneous documentation submitted by the claimant, such as employment records, property tax rolls, and school transcripts which indicates that the individual was physically present in the area. 28 CFR 79.13. 2. Uranium Miners. a. Copies of the published results of the Public Health Service Study of Uranium Miners are in our office. The Study contains information on 4126 miners, and it includes data related to dates of employment, particular mines worked in, smoking history, and medical diagnoses. 28 CFR 79.33 (a)(1) and 79.34(a). b. Data obtained by not published by the Public Health Service is held at the National Institute of Occupational Safety and Health (NIOSH) and is available at our request. These NIOSH records provide the same type of information as in the published PXS study, but not calculated totals of radiation exposure. 28 CFR 79.33 (a)(2) and 34(a). c. The databases at the University of New Mexico School of Medicine and St. Mary's Hospital we submitted only a form letter requesting the necessary information and a statement that the claimant had applied for compensation and therein authorized the release of this information. However, after 18 months, the Navajo nation Department of Justice asked that we provide signed releases authorizing the release of the records to the Department of Justice. We now include this written release with all requests. III. Decision. If these sources supply sufficient information to verify a claimant's eligibility, the claimant is not required to furnish any additional documentation and the claim is then approved. If there is insufficient information in the databases to verify the claim, the claimant must provide original or certified copies of other records which we then use to verify the claimant's eligibility. Each decision is personally reviewed by a staff attorney and the Assistant Director. Data Processing The Office of Management Information has developed a sophisticated system for tracking claims from the time they are received in the office until the case is closed. The system includes the following: A. Notes section. Each claim is entered into the system and has a section for dates on which actions were taken and all dates on which some action is due to be taken. B. Pending actions. Each staff member has a "pending actions list" that notifies them when they need to take action on the claim. C. Automated letters. Many "standard" or "form" letters are generated by a single computer command. Approved Claims I. Notification. Once a claim is approved by the Assistant Director, an automated letter is generated notifying the person of the approval. II. Acceptance of Payment letter. All persons eligible to receive payment must sign an "acceptance of payment" letter stating that they wish to receive the money, identifying the method by which they wish to receive it (via check or electronic funds transfer), and providing the information necessary to pay them in the manner requested. III. Authorization of payment. Upon receipt of a completed acceptance of payment letter, the payment is authorized by the Director and Assistant Director. IV. Office of Planning, Budget and Evaluation and the Justice Management Division. Upon receipt of the authorization memorandum these offices assign the appropriate coding, database numbers, the date on which payment was made and verify when and where payment was made. V. Treasury. The Treasury Department issues the funds to the person(s). The entire payment process generally takes 4 weeks or less. 28 CFR 79.35. Denied Claims: I. Deficiency Notice. If a claim does not meet any eligibility criterion, the claimant is notified of the deficiency in writing and allowed 60 days in which to provide documentation correcting the deficiency. More than 60 days may be allowed if requested by the claimant. 28 CFR 79.52 (b) and (c). II. Final Denial. At the expiration of the 60 days period, if the claim remains deficient, a final denial decision is issued by the Assistant Director. The written decision fully explains the reasons for the denial, and a copy is sent to the claimant. 28 CFR 79.52 (d). III. Appeal. The denial decision also explains that the decision of the Assistant Director may be appealed to the Appeals Officer. The Appeals Officer may affirm, reverse or remand to the Assistant Director for further action. 28 CFR 79.53. IV. Refiling a Claim. If other documentation that corrects the deficiency is subsequently obtained, the claimant may refile the claim up to 2 times. 28 CFR 79.51 (j). III Staff. Currently, there are 17 staff members, including the Assistant Director, 2 staff attorneys, 2 appellate attorneys, 7 paralegals/claims examiners, 1 nurse consultant, 1 legal assistant, 2 legal technicians, and 1 staffer who works on fiscal and budget matters. RADIATION EXPOSURE INFORMATION SYSTEM CLAIMS TO DATE SUMMARY SUMMARY OF CLAIMS RECEIVED AT 1/??/94 COURT OF CLAIMS Serving Approved Denied Total [illegible] 2 38 15 55 Other Beneficiaries 177 600 627 1,604 -----Participants 72 72 206 432 Uranium Miners 376 639 424 1,473 TOTAL: 527 1,349 1,468 3,344 111,033,294.00