Prawo i regulacje · 10.08.2010

Radiation Exposure Compensation Act: Allowance for Costs and Expenses

By this rule the Department of Justice ("the Department") amends its existing regulations implementing the Radiation Exposure Compensation Act ("RECA" or "the Act") to conform to the decision of the Tenth Circuit in the case of Hackwell v. United States, 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of "services rendered" in section 9(a) of the Act revealed Congress' unambiguous intent to exclude "costs incurred" from the attorney fee limitation. Consequently, the court invalidated 28 CFR 79.74(b) as "contrary to the RECA's plain language." Accordingly, the Department is amending its regulation at Sec. 79.74(b) to strike the language "including costs incurred" from the agency's limitation on payments to attorneys representing claimants under RECA.