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GAO-02-1063R 1 (2002-08-28)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

         B-291051


         August 28, 2002

         The Honorable Patrick J. Leahy
         Chairman
         The Honorable Orrin G. Hatch
         Ranking Minority Member
         Committee on the Judiciary
         United States Senate

         The Honorable F. James Sensenbrenner, Jr.
         Chairman
         The Honorable John Conyers, Jr.
         Ranking Minority Member
         Committee on the Judiciary
         House of Representatives

         Subject: Department of Justice: Claims Under the Radiation Exposure Compensation
                 Act Amendments of 2000; Technical Amendments

         Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
         major rule promulgated by the Department of Justice (DOJ), entitled Claims Under
         the Radiation Exposure Compensation Act Amendments of 2000; Technical
         Amendments (RIN: 1105-AA75). We received the rule on August 22, 2002. It was
         published in the Federal Register as a final rule on August 7, 2002. 67 Fed. Reg.
         51422.

         The final rule revises DOJ's regulations to implement the Radiation Exposure
         Compensation Act Amendments of 2000. The changes include, among others, an
         expansion of the list of compensable downwinder and onsite participant
         diseases, additions to the list of downwinder geographical areas, modifies the
         burden of proof, and allows previously denied claimants to file up to three more
         times.

         Enclosed is our assessment of the DOJ's compliance with the procedural steps
         required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
         Our review indicates that the DOJ complied with the applicable requirements.

         On September 17, 2001, GAO issued a report entitled Radiation Exposure
         Compensation: Analysis of Justice's Program Administration. GAO-01-1043. We are
         currently conducting a further review of the program.


GAO-02-1063R

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