Radiation Exposure Compensation Program

U.S. Department of JusticeRadiation Exposure Compensation Program

Claudia GangiTrial AttorneyCivil Division, Torts Branch(202) [email protected]

Interest in an Update of the 2005 NAS Study on the Use of Scientific Information in the Radiation Exposure Compensation Act

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• From 1945 through 1962, the United States conducted nearly 200 atmospheric nuclear weapons tests

• The first of these tests was conducted on July 16, 1945 at the Trinity Test Site

• Following the cessation of the government’s weapons testing program, many filed class action lawsuits that were eventually dismissed by the appellate courts

• In response, Congress passed the Radiation Exposure Compensation Act (RECA) on October 5, 1990, and later broadened the scope of the Act’s coverage on July 10, 2000

• The Act offers an official apology on behalf of the United States and monetary compensation to individuals who contracted certain cancers and other serious diseases following their occupational or innocent exposure to radiation

RECA

Occupational Exposure

Uranium Miners $100,000

Uranium Millers $100,000

Uranium Ore Transporters $100,000

Onsite Participants $75,000

Innocent Exposure

“Downwinders” $50,000

A claimant qualifies for compensation by establishing the diagnosis of a particular compensable disease after working or residing in a designated location for a specific period of time

Disease Presence Compensation

Radiation Exposure Compensation Program

• From 1942‐1971 the United States government was heavily involved in the uranium industry

• During a significant portion of this time, 1947 through 1966, the government was the sole purchaser of uranium ore

• After the termination of the government’s procurement program in 1971, the federal government no longer purchased uranium

Exposure40 or more working level months (WLMs) in uranium mines located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas during the relevant time period

OREmployed for at least 1 year in uranium mines during the relevant time period

Diseasesprimary lung cancer, pulmonary fibrosis, silicosis, cor pulmonale, and pneumoconiosis

ExposureEmployed at least one year in uranium mills or transporting uranium ore to and from mines or mills located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas

Diseasesprimary lung cancer, pulmonary fibrosis, silicosis, cor pulmonale, pneumoconiosis , renal cancer, and chronic renal disease

ExposureThe claimant must have been present "onsite" above or within the official boundaries of the Nevada, Pacific, Trinity, or South Atlantic Test Sites during testing

DiseasesLeukemia, multiple myeloma, non‐Hodgkin’s lymphoma, primary cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver, or lung


• Must have lived or worked in an affected area for 24 months from Jan. 21, 1951 - Oct. 31, 1958

• Or for the entire period from June 30, 1962 - July 31, 1962

• Childhood leukemia claims require only 12 months in an affected area

Pharynx Thyroid Female breastSmall intestine Pancreas OvarySalivary gland Lung Esophagus

Male breast Stomach Brain

Urinary bladder Bile ducts Liver

Colon Gall bladder

• Leukemia, other than chronic lymphocytic leukemia• Multiple myeloma• Lymphoma (other than Hodgkin’s Disease)• Primary cancer of the following:

Claim Type Claims Approved

Claims Denied

Claims Pending

Amount Approved

Uranium Miller ($100,000)

1,343 397 24 $134,300,000

Ore Transporter($100,000)

267 106 13 $26,700,000

Uranium Miner($100,000)

5,289 3,198 149 $528,174,560

Downwinders($50,000)

14,363 3,743 235 $718,120,000

Onsite Participant($75,000)

1,454 1,652 63 $104,138,140

Total: 22,716 9,096 484 $1,511,432,700


• In response to congressional direction, the Health Resources and Services Administration (HRSA), asked the National Research Council (NRC) to convene a committee to assess recent scientific evidence associating radiation exposure with cancers or other human health effects and determine whether other groups of people or additional geographic areas should be covered under RECA.

• NRC’s committee published its report entitled Assessment of the Scientific Information for the Radiation Exposure Screening and Education Program, which included among its recommendations that Congress establish a new, science‐based process to determine whether persons from other states and territories should be eligible for coverage and compensation under RECA.

• Eligibility for compensation would be based on a scientific determination for each claimant of whether his or her illness was caused by exposure to radiation. According to NRC’s committee report, the scientific evidence indicates that in most cases it is unlikely that exposure to radiation from fallout was a substantial contributing cause to developing cancer.

• Congress directed DOJ to submit a report to the House and Senate Committees on Appropriations that detailed actions the department and Congress could take to implement the recommendations contained in NRC’s committee report

• DOJ submitted a report to these Committees in which it concluded that on the basis of reviewing the recommendations contained in the NRC’s report, it would not have authority to take action to implement the recommendations because doing so would entail a complete revision of RECA, which would require legislative action

• To date, Congress has taken no action to implement the recommendations contained in NRC’s 2005 report


Pending Bill Purpose

H.R. 1630Expands the Act's "downwind" area to include the Territory of Guam

S. 1342Expands the Act's "downwind" area to include Idaho and Montana

H.R. 4712/S. 3270Expands the Act's "downwind" area to include Mojave County, Arizona

H.R. 1828/S. 757Adds ten additional diseases for downwinder and onsite participant claimants

H.R. 5119/S. 3224

Creates new claimant populations, considerably expands the geographic area of coverage for downwinders, and provides for an increase in compensation (retroactively and prospectively) and provides medical benefits for all eligible claimants

Section 4(b)(2) of the Radiation Exposure Compensation Act ( note; Public Law 101‐426) is amended—

(1) by striking ‘(other than chronic lymphocytic leukemia)’ and inserting ‘(including chronic lymphocytic leukemia)’;

(2) by inserting ‘posterior subcapsular cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant tumors of the brain and central nervous system, brochio‐alveolar carcinoma, benign neoplasms of the brain and central nervous system,’ after ‘disease),’; and

(3) by striking ‘or lung’ and inserting ‘lung, skin, kidney, salivary gland, rectum, pharynx, or prostate’.

• Proposes wide‐ranging revisions and expansions to the current law.

• Identical bills were introduced in the Senate by Senator Tom Udall (D‐NM) and in the House by Congressman Ben Lujan (NM‐3) this past April.

• Notably, there are no additions to the list of covered diseases for the various claimant categories;

• However, the Act’s geographical coverage is significantly expanded and compensation amounts are increased (retroactively and prospectively)

U.S. Department of JusticeRadiation Exposure Compensation Program

P.O. Box 146Ben Franklin Station

Washington, D.C. 20044‐0146

Telephone: 1‐800‐729‐RECP (1‐800‐729‐7327)

Email: [email protected]

Website: www.usdoj.gov/civil/torts/const/reca

For More Information:

Documents

Radiation Exposure Compensation Program