The United States Radiation Exposure Compensation Act (RECA) is a federal statute implemented in 1990, providing for the monetary compensation of people, including atomic veterans, who contracted cancer and a number of other specified diseases as a direct result of their exposure to atmospheric nuclear testing undertaken by the United States during the Cold War as residents, or their exposure to radon gas and other radioactive isotopes while undertaking uranium mining, milling or the transportation of ore. The Act has been providing the following remunerations, unchanged since 1990 despite inflation:
$50,000 to individuals residing or working "downwind" of the Nevada Test Site $75,000 for workers participating in atmospheric nuclear weapons tests $100,000 for uranium miners, millers, and ore transporters In all cases there are additional requirements which must be satisfied (proof of exposure, establishment of duration of employment, establishment of certain medical conditions, etc.). In 2022, the law was to expire, and President Joe Biden extended the filing deadline for another two years.
Origins, 1979 Attempts to enact the legislation can be traced back to the late 1970s. In its fifth draft, a Bill entitled Radiation Exposure Compensation Act of 1979 was sponsored by Senator Ted Kennedy of Massachusetts. The Bill intended to make compensation available to persons exposed to fallout from nuclear weapons testing and for living uranium miners (or their survivors) who had worked in Utah, Colorado, New Mexico and Arizona between 1 January 1947 and 31 December 1961. The Bill proposed to pay compensation to persons who lived within prescribed areas for at least a year, to persons who "died from, has or has had, leukaemia, thyroid cancer, bone cancer or any other cancer identified by an advisory board on the health effects of radiation and uranium exposure". Fallout areas listed by the bill included counties in Utah and Nevada: Utah counties included Millard, Sevier, Beaver, Iron, Washington, Kane, Garfiend, Piute, Wayne, San Juan, Grand, Carbon, Emery, Duchesne, Uintah, San Pete and Juab. Nevada's "affected areas" were listed as the counties of White Pine, Nye, Lander, Lincoln and Eureka. The Bill as drafted, would have also compensated ranchers whose sheep died following nuclear weapons tests "Harry" (13 May 1959) and "Nancy" (24 May 1953). Ten years later, Wayne Owens (D–UT introduced H.R. 2372, which added uranium miners who worked in Wyoming to the list, and extended the eligible date rate for employed miners to between 1947 and 1971.
Implementation, 1990 Twelve years transpired before the bill was finally enacted. The Radiation Exposure Compensation Act was passed by Congress on October 5, 1990, and signed into law by President George H. W. Bush on October 15, 1990. In the successful bill it was written that Congress "apologizes on behalf of the nation" to individuals who were "involuntarily subjected to increased risk of injury and disease to serve the national security interests of the United States." In some cases, it proved to be extremely difficult for people to receive their compensation, including cases filed by widows of uranium miners. Because many uranium miners were Native Americans, they did not have standard marriage licenses required to establish a legal connection to the deceased. In 1999, revisions were published in the Federal Register to assist in making award claims. Many mine workers and their families found the paperwork difficult and qualifications narrow and were declined compensation.
Exclusion People living in the surrounding area near Trinity (the first nuclear test) site in New Mexico were, unlike the Nevada test site, unaware of the project and not included in the 1990 Radiation Exposure Compensation Act support for affected downwinders.
Compensation The Act provides the following remunerations, as of 2023, unchanged since 1990 despite inflation:
$50,000 to individuals residing or working "downwind" of the Nevada Test Site $75,000 for workers participating in atmospheric nuclear weapons tests $100,000 for uranium miners, millers, and ore transporters
Eligibility In order to be eligible for compensation, an affected uranium industry worker must have developed lung cancer, fibrosis of the lung, pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, silicosis or pneumoconiosis following their employment. In the case of uranium mill workers and ore transporters, renal cancer and chronic renal disease are also compensable conditions.
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