Policy

Current Legislation & Historical Options

An image of the library of Congress

The United States conducted more than 1,000 nuclear weapons tests between 1945 and 1992. More than 200 of these tests were above ground, including 100 at the Nevada Test Site, and the first ever nuclear test in New Mexico. This testing spread fallout across the country, exposing communities to dangerous levels of radiation, and often leading to cancers and other illnesses. Uranium mining and milling had similar devastating health consequences, especially for Indigenous communities in the Southwest United States, who were never warned of the risks of their jobs.

The Radiation Exposure Compensation Act (RECA) is a lifeline to the thousands of people it has helped as they suffer from illnesses caused by US nuclear weapons testing. Unfortunately, the program excludes many communities, and unless Congress takes action it will expire in June 2024.

1990 - Congress Passes RECA

The RECA program was enacted in 1990 to provide  one-time compensation for a small group  of downwinders and miners, however, it has excluded many potentially eligible people for decades. In the original bill 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."

The bill was signed into law by President George Bush on October 15, 1990.

Without action by Congress RECA will expire in 2024. 

Radiation Exposure Compensation Act Amendments via National Defense Authorization Act

INTRODUCED BY

Sen. Crapo (R-ID) Sen. Lujan (D-NM), Sen. Hawley (R-MO), Rep. Leger Fernández (D-NM-03), Rep. Moylan (R-Guam)

EXTENDS

  • RECA for 19 years after the bill passes

  • The downwinder eligibility period from 1958 to 1962

  • The uranium worker eligibility period from 1971 to 1990

STRENGTHENS

  • Geographic downwinder area to entire states of Arizona, Nevada, and Utah, plus the states of Colorado, Idaho, Montana and New Mexico

  • Includes communities Missouri exposed to radioactive waste storage

  • Compensable diseases for uranium miners to include renal cancers and other chronic renal disease including nephritis and kidney tubal tissue injury

  • Compensable diseases for downwinders to include Chronic Lymphocytic Leukemia and removing age restrictions for leukemia claims

  • Coverage to include uranium core drillers and remediation workers

  • Support by providing medical benefits to all successful claimants

CREATES

  • Specific eligibility periods for Guam and New Mexico due to testing in the Pacific and the Trinity Test

  • A grant program on Epidemiological Impacts of Uranium Mining and Milling

  • A Special Exposure Cohort for uranium workers in the EEOICPA

ALLOWS FOR

  • Additional options for use of affidavits

  • Combined work histories for uranium workers

  • Previous successful claimants to receive the difference between their amount of compensation and $150,000

Previous Legislation

  • In 2000, Congress added new categories to RECA through the Radiation Exposure Compensation Act Amendments of 2000. This amendment added two new claimant categories (uranium mill and ore workers), added new geographic areas, included new considerations for Indigenous communities and established RESEP clinics. These clinics provide free screenings to RECA claimants, leading to earlier detection.

  • As early as 2005 representatives and communities have worked to extend and strenghten RECA. In 2010 a comprehensive bill was introduced by Senator Udall (D-NM) and Representative Ben Ray Lujan (D-NM)(S.3224/H.R.5119)

    In 2009 Sen. Crapo (R-ID) introduced S.1342, calling for the inclusion of Idaho and Montana under RECA. There was no similar house bill at the time.

    In 2010, Sen. Udall introduced another set of amendments (s.3224) that would have, among other things

    • Included new areas in CO, ID, MT and NM;

    • Increased compensation to claimants

    In early 2017 Senator Crapo introduced S.197, alongside Senators Udall , Risch (R-ID), Heinrich (D-NM), Bennet (D-CO) and Booker (D-NJ), seeking similar inclusions.

    In 2018, Crapo led a hearing in the Senate on the bill, bringing Downwinders to Congress to testify. This would be one of the last times RECA was discussed on the floors of Congress until Senator Hawley began campaigning for the extension in earnest in 2023.

  • In 2010 Sen. John McCain (R-AZ) and Rep. Trent Franks (R-AZ) introduced S.3270 / H.R.4712. This bill would have extended coverage to Mohave County, AZ.

    In 2021, the Downwinders Parity Act (S. 2012 / H.R. 612) was introduced by Sen. Sinema (D-AZ) and Rep. Stanton (D-AZ), to include downwinders in Clark County, NV and Mohave County, AZ.

    A similar act, H.R. 538 was also introduced by Rep. Gosar (R-AZ)

  • In 2021 Senator Lee (R-UT) also introduced S. 2825, the Downwinders Act. This bill would have:

    • Extended RECA until 2031, or 2032

    • Extended coverage to all of Utah, and ten counties in New Mexico, and expanded the eligibility period for Trinity downwinders

    • Required a report to Congress on radioactive fallout.

  • In 2022 Sen. Mie Lee (R-UT) introduced the RECA Extension Act of 2022 (S.4119), which successfully extended RECA for two additional years, or until June of 2024. On June 7, 2022, President Biden signed the RECA extension act of 2022, making it law. Watch his statement on the bill here.

  • In 2023 Sen. Cynthia Lummis (R-WY) introduced S.1681, the Uranium Miners and Workers Act of 2023. This bill would have:

    • Extended RECA and additional 4 years, until 2027

    • Extended the uranium industry claim period through 1978

    • Included those employed as core drillers

    • Added renal cancer and chronic renal disease to the list of illnesses