Compensation for Radiation Victims Set to Expire Without U.S. House Action
By passing a bill that would extend and expand compensation to those harmed by the United States nuclear weapons program, the U.S. Senate took a step towards redressing a historical and present wrong. The House of Representatives should do the same before the entire compensation program expires in June, leaving affected individuals and families without a simple recourse.
In early March 2024, the U.S. Senate passed the Radiation Exposure Compensation Reauthorization Act as a stand-alone bill. This legislation would extend the about-to-expire Radiation Exposure Compensation (RECA) program by five years to 2030 and expand compensation to previously uncovered individuals harmed by radiation during and after the Manhattan Project, the United States program to produce a nuclear weapon during World War II.
The Radiation Exposure Compensation Act (RECA) compensates uranium miners, millers, and transporters working between 1942 and 1971 and individuals deemed “downwind” of certain nuclear tests if they later became sick with specified illnesses, including lung cancer, fibrosis, silicosis, and renal cancer. This bill passed in 1990 because it was a cheaper alternative to dealing with the numerous lawsuits from victims.
RECA’s limited scope leaves out many people undeniably affected by U.S. nuclear weapons development. And even in its current, limited form, it will expire on June 7, 2024 unless the U.S. House acts in the 11 remaining legislative days between now and then.
I wrote about this issue in December 2023, when the Senate stripped a similar provision to expand compensation for victims of radiation exposure from the National Defense Authorization Act at the last minute. At the time, US Senator Josh Hawley (R-MO) called the Senate’s lack of action “a grave injustice.”
If the Senate deserved opprobrium then, it deserves credit now. The bill passed by the Senate in March would expand eligibility for compensation to those previously denied it, who were knowingly exposed to radiation by their own government and subsequently became ill while extending the lifetime of the about-to-expire program to 2030.
However, this Senate action will be for naught if the bill is not advanced in the House of Representatives.
Now it falls to the House to take action to right a historical wrong that continues to affect Americans to this day, to expand and extend the Radiation Exposure Compensation Act (RECA).
The Radiation Exposure Compensation Act (RECA), passed in 1990, established a fund to provide lump sum payments to some of those who suffered from radiation exposures (and later became sick) as the United States pursued its nuclear weapons program. The program has been referred to as an “apology” by the U.S. Department of Justice, but to sincerely apologize requires acknowledging the true extent of the harm.
Currently, RECA is limited both in space and time. Compensation is restricted to those in a limited geographic area around the Trinity test site (the first nuclear weapons test, depicted in the film Oppenheimer) and for those working in uranium mining (and associated activities) between 1942 and 1971. This leaves out many people in communities harmed by atmospheric nuclear weapons testing in Idaho, Arizona, Utah, Colorado, New Mexico, Guam and elsewhere, and those workers with insufficient protections in uranium mining activities after 1971.
The bipartisan bill passed by the Senate was spearheaded by Senators Josh Hawley (R-MO) and Ben Ray Luján (D-NM), who have seen firsthand the harmful legacy of radiation exposure on the residents of their states. It is the result of decades of tireless advocacy by activists such as Tina Cordova, the founder of the Tularosa Basin Downwinders Consortium and a cancer survivor whose family has been consistently plagued by the aftereffects of the U.S. nuclear program.
The stories of survivors and those who have lost family members to cancer are heart-wrenching, and the costs of chemotherapy and other treatment can be exorbitant. The United States government has an obligation to compensate those harmed by its nuclear weapons development.
The Radiation Exposure Compensation Reauthorization Act (2024) would take a number of actions, which would acknowledge and begin to redress the harms caused by ignorance or neglect in the hasty development of the United States nuclear weapons program. It would expand recognition to a groups previously excluded from RECA, in addition to extending the program’s funding until 2030.
As described by an article in the Idaho Capital Sun, the bill would do the following:
Downwinders: The bill would allow RECA to cover people in Idaho, Montana, Colorado, New Mexico and Guam, and includes all of Nevada, Arizona and Utah, instead of just certain counties. It specifically acknowledges Trinity Test and Guam downwinders for the first time.
Uranium miners: The measure would extend the time frame for eligible uranium workers through 1990 instead of cutting it off at 1971. It compensates those who mined, milled or transported ore in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon and Texas.
More conditions: The bill would cover new cancers, and it would also allow chronic kidney illness as a qualifying disease for uranium workers.
Waste disposal: Communities harmed by Manhattan Project waste or waste from other tests deposited in certain areas of Missouri, Alaska, Tennessee and Kentucky could receive compensation up to $25,000 under the bill.
Better compensation: Accounting for inflation, the measure increases lump-sum compensation to $100,000 for downwinders and on-site participants — up from the $50,000 and $75,000. If signed, the bill would allow previous claimants to submit new claims to make up the difference.
Each of these measures would bring much deserved recognition and assistance to those individuals and families that have been permanently affected by the development of the United States nuclear weapons program.
In particular, those who were affected by improper Manhattan project radioactive waste disposal have thus far been ineligible for compensation. This includes residents near Coldwater Creek, MO, which was contaminated by radioactive waste that was improperly stored near the creek.
Those personally affected by the United States’ nuclear legacy were encouraged by the Senate’s action. From the Union of Concerned Scientists:
I am at a loss for words. We have fought so hard, for so long,” said Laura Greenwood, the widow of a downwinder. Her husband, John Greenwood, grew up downwind of the Trinity Test site in New Mexico and died after a battle with multiple cancers. “RECA would have been a godsend for me and family when my husband got sick. I hope that RECA assistance can help other families be spared the stress and heartbreak we endured coping with a life-changing illness because of nuclear tests.”
“As a former resident of Missouri, who grew up in the Coldwater Creek area, I am so excited to see the Radiation Exposure Compensation Act (RECA) Bill (S. 3853) pass in the Senate today,” said Dr. Kim Visintine, a former Coldwater Creek resident. “My family was personally affected, as we lost our 6-year-old son to a rare radiation linked brain tumor. The passage of RECA will help so many in our community. As American citizens, we look forward to finally receiving justice for the damage caused by our own government, and continued support in the House. Thank you to all who have continued to support the many community members across our great nation who have been harmed.”
As the June deadline approaches, the pressure is mounting for the House of Representatives to take action. Senator Hawley and Representative Corey Bush are calling on the House to pass the RECA bill. On April 15, KZRG News reported Senator Hawley saying:
“This has passed the Senate now twice in the last six months, with big bipartisan margins both times, almost 70 votes in the Senate this last time. What could be more important than compensating the people of Missouri and other states who have been poisoned by their own government and lied to for 50 years?”
A group of 15 lawmakers from both parties sought to get the extension included in the FY2024 appropriations package, but this effort did not succeed. Republican lawmakers have expressed concerns about the estimated $50 billion cost of the program.
There are 11 remaining legislative days before the program expires on June 7. Those affected are understandably anxious. As reported in the Idaho Capital Sun:
“We’re absolutely horrified they would leave us waiting like this, again, wondering about the June deadline,” [Tina] Cordova said. “The clock is ticking.”
She said downwinder groups are encouraging the public to express their support to the U.S. House Speaker Mike Johnson, R-Louisiana, and ask to bring RECA for a vote.
“We’re just gonna keep the pressure on, and hope springs eternal, we have to remain hopeful,” Cordova said. “We’re so close.”
Rep. Teresa Leger Fernández, D-New Mexico, who has carried previous RECA bills in the House, called this recent exclusion from the spending package a “moral failure.”
Advocates will travel to Washington, D.C. on May 15th and 16th to implore Speaker Johnson to bring the measure to a vote.
The Federal government has a duty to acknowledge and compensate victims of the United States nuclear program. The House should pass the Radiation Exposure Compensation Reauthorization Act before it expires in June.
If they do, they’ll be providing long overdue relief to individuals and families wronged by their government. If they don’t, they’ll have failed the American people, particularly those who have already been failed by their government. They have a chance to help make things right. I’ll be watching.
Final note: The Union of Concerned Scientists is holding two upcoming “Save RECA” events in Washington, D.C., a candlelight vigil and a press conference on May 15 and 16 respectively to support those affected by the US’ nuclear legacy.
