Radiation Exposure Compensation Act (RECA)

“Downwinders” are individuals who developed certain cancers after presumed exposure to radiation released during the atmospheric nuclear tests conducted within the United States. A qualifying Downwinder must meet two essential criteria:

• The Downwinder must have been physically present in an affected area for one of the following durations:
• In the State of New Mexico for 1 year between September 24, 1944, and November 6, 1962;
• In any affected area for 1 year between January 21, 1951, and November 6, 1962; or
• In any affected area for the entire period from June 30, 1962, to July 31, 1962.

• The affected areas under RECA’s downwind provisions include the states of Idaho, New Mexico, and Utah, as well as the following counties: In the state of Arizona, the counties of Coconino, Yavapai, Navajo, Apache, Gila & Mohave; in the state of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and Clark County townships 13 through 16 at ranges 63 through 71.

2.  Following this presence, a qualifying Downwinder must show that they were diagnosed with a specified compensable disease. (see section on specific diseases.)

RECA extends compensation to individuals who participated onsite in a test involving the atmospheric detonation of a nuclear device and later contracted a compensable disease. A qualifying Onsite Participant must meet two essential criteria:

1. The participant was present “onsite” above or within a government installation during a test involving the atmospheric detonation of a nuclear device. “Test involving the atmospheric detonation of a nuclear devices” means only those tests conducted by the United States prior to January 1, 1963, and does not include the wartime detonations at Hiroshima and Nagasaki, Japan.
2. The participant was subsequently diagnosed with a specified compensable disease. The compensable diseases for Onsite Participants are the same as the compensable diseases for Downwinders.

RECA extends compensation to individuals who worked in covered occupations relating to uranium mining during the period from January 1, 1942, through December 31, 1990. A qualifying uranium worker must meet the following essential criteria:

1. The worker was employed as a uranium miner, uranium miller, core driller, in the transport of uranium or vanadium-uranium ore from such a mine or mill, or was involved in remediation efforts at such a uranium mine or uranium mill;
2. The employment must have occurred at uranium mines or uranium mills located in the states of Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas;
3. The worker must have worked in a covered occupation and location for at least 1 year during the covered period. Alternatively, an employee who worked in a uranium mine may establish exposure to 40 or more working level months of radiation. Employees may combine periods of mining, milling, core drilling, and ore transporting to satisfy this duration requirement.
4. The worker must have been diagnosed with a specified compensable disease. The specified compensable diseases for uranium workers are lung cancer, pulmonary fibrosis, fibrosis of the lung, silicosis, pneumoconiosis, cor pulmonale related to fibrosis of the lung, renal cancer, and any other chronic renal disease including nephritis and kidney tubal tissue injury.