AllGov - Department of Justice - Radiation Exposure Compensation Program

NEWS: U.S. Spends $52 Billion a Year on Nuclear Weapons

News

Overview

The Radiation Exposure Compensation Program (RECP) provides financial restitution to individuals who became seriously ill as a result of nuclear testing and uranium mining during the Cold War. RECP is managed by the Department of Justice’s Civil Division, Torts Branch, which draws money from a special trust fund to make payments to eligible claimants. Compensation ranges from $50,000 to $100,000 depending on which category an individual falls under. As of May 8, 2008, the RECP had approved 19,420 claims and rejected 8,071. Most of the successful claimants have been Downwinders (12,063) and Uranium Miners (4,819). The rest have been Onsite Participants, Uranium Millers and Ore Transporters. Onsite Participants have had the hardest time winning claims, with an approval rate of only 44.7% compared to more than 70% for the other categories.

History

From the early 1940s until the 1960s, the federal government’s nuclear weapons complex demanded certain dangerous activities that caused thousands of citizens to become exposed to radiation. In order to develop new nuclear weapons for the US arsenal, the Atomic Energy Commission conducted a series of aboveground nuclear weapons tests in southern Nevada (the Nevada Test Site). Energy officials also managed underground uranium-mining operations and related activities to produce fuel for nuclear warheads.

Radiation exposure from nuclear testing and uranium mining was believed to have caused certain serious diseases, including various types of cancer. As the Cold War came to an end in the late 1980s, lawmakers began examining the legacy of the nuclear weapons program. To address the needs of those who contracted cancer while living downwind from the Nevada Test Site or while working at uranium mines, Congress adopted the Radiation Exposure Compensation Act (RECA) in October 1990.

RECA provided that the US Attorney General be responsible for processing and

adjudicating claims under RECA. The Department of Justice (DOJ) established the

Radiation Exposure Compensation Program (RECP), which is administered by its

Civil Division’s Torts Branch. RECP began processing claims in April 1992. DOJ officials set up a trust fund from which compensation was issued to claimants.

Throughout the 1990s, many Native American widows were denied compensation because they were unable to establish a legal connection to their deceased counterparts. In response to the issue, DOJ officials revised RECP regulations in 1999 to assist Native American claimants.

The following year, Congress adopted a series of amendments to the RECA. The Radiation Exposure Compensation Act Amendments of 2000 added two new categories of workers eligible for federal compensation: uranium mill workers and ore transporters. The amendments also provided additional compensable illnesses, lowered the radiation exposure threshold for uranium miners, included above-ground miners within the definition of “uranium miner,” modified medical documentation requirements and removed certain lifestyle restrictions. Additional geographic areas to the “downwinder” claimant category were put into law.

Since April 1992, RECP has authorized payments totaling $1.3 billion for 19,402 claims, according to the program’s claims to date (PDF) statistics. Almost half of the $1.3 billion was paid to claimants who lived downwind of the Nevada Test Site during nuclear weapons testing. The 19,420 claims represented about two-thirds of the 28,176 claims filed since the beginning of the program. The remaining one-third of the claims were either still pending or were denied because RECA’s eligibility criteria were not satisfied.

Nevada Test Site Historical Foundation

What it Does

Administered by the Department of Justice’s Civil Division, Torts Branch, the Radiation Exposure Compensation Program (RECP) provides financial restitution to those who became seriously ill as a result of nuclear testing and uranium mining. Using a special trust fund, RECP disburses fixed payments to eligible claimants in the following amounts:

$50,000 to individuals residing or working “downwind” of the Nevada Test Site
$75,000 for workers participating in above-ground nuclear weapons tests
$100,000 for uranium mining and mill workers and ore transporters

Uranium Miners and Mill Workers

A payment of $100,000 is available to individuals who were employed in aboveground or underground uranium mines or uranium mills located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon and Texas at any time from January 1, 1942, to December 31, 1971. Miners must have been exposed to 40 or more working level months of radiation while employed in a uranium mine or worked for at least one year in a uranium mine during the relevant time period. Mill workers must have worked in a uranium mill for at least one year. Compensable diseases for miners and mill workers include primary lung cancer and certain nonmalignant respiratory diseases. Mill workers suffering from renal cancer and other chronic renal disease including nephritis and kidney tubal tissue injury may also be eligible.

Ore Transporters

Like miners and mill workers, truckers who transported uranium ore may be eligible for a payment of $100,000. Claimants must have been employed for at least one year in the transport of uranium ore or vanadium-uranium ore from mines or mills located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon and Texas from January 1, 1942, until December 31, 1971. Compensable diseases include primary lung cancer, certain nonmalignant respiratory diseases, renal cancer and other chronic renal disease including nephritis and kidney tubal tissue injury.

Downwinders

A payment of $50,000 is available to individuals who were physically present in one of the affected areas downwind of the Nevada Test Site during a period of atmospheric nuclear testing. Claimants must have lived or worked for a period of at least two years between January 21, 1951, and October 31, 1958, or from June 30, 1962, to July 31, 1962 in one of the following areas: the Utah counties of Beaver, Garfield, Iron, Kane, Millard, Piute, San Juan, Sevier, Washington and Wayne; the Nevada counties of Eureka, Lander, Lincoln, Nye, White Pine and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71; or the Arizona counties of Apache, Coconino, Gila, Navajo, Yavapai and that part of Arizona that is north of the Grand Canyon. Diseases covered are leukemia (other than chronic lymphocytic leukemia), multiple myeloma, lymphomas (other than Hodgkin's disease), primary cancer of the thyroid or any of the following types of cancer: male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated) or lung.

Onsite Participants

Those who participated onsite in a test involving the atmospheric detonation of a nuclear device may be eligible for a payment of $75,000. A claimant must have been present above or within the official boundaries of the Nevada, Pacific, Trinity or South Atlantic Test Sites at any time during a period of atmospheric nuclear testing and must have participated during that time in the atmospheric detonation of a nuclear device. Diseases covered are leukemia (other than chronic lymphocytic leukemia), lung cancer, multiple myeloma, lymphomas (other than Hodgkin's disease), primary cancer of the thyroid, or any of the following types of cancer: male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated) or lung.

Where Does the Money Go

Eligible claimants make up the key constituency of the RECP. These individuals consist of people who lived downwind from the Nevada Test Site, uranium mine and mill workers and ore transporters.

FY 2009 Performance Budget

Controversies

America’s Radiation Victims: The Secret Files (by Clifford T. Honicker, New York Times)

The Hanford Downwinders Litigation Information Resourse (Downwinders)

Debate

Suggested Reforms

RECP Lacking Scientific Criteria

In 2005, the National Academy of Sciences released a report stating that the radiation compensation program was not utilizing the latest science to determine eligibility of claimants. The study, conducted by the National Research Council, pointed out that only “downwinders” who lived in certain counties of Arizona, Nevada and Utah at the times of nuclear tests were eligible for compensation under RECA.

But NRC experts concluded that residents in other counties and states, even some far from the Nevada Test Site, may have been exposed to higher amounts of radiation than those in the currently eligible areas. Other factors such as age at the time of exposure, consumption of contaminated milk or food and age when a disease is diagnosed should also be considered when determining whether someone’s illness was likely caused by nuclear test radiation.

“To be equitable, any compensation program needs to be based on scientific criteria and similar cases must be treated alike,” said R. Julian Preston, director of the Environmental Carcinogenesis Division at the US Environmental Protection Agency, who worked on the study. “The current geographic limitations are not based on the latest science.”

NRC officials added that this change in eligibility criteria was not likely to significantly increase the number of claimants to the program. But neither Congress nor DOJ officials running RECP decided to endorse the new criteria.

Academy Study Saying More Claimants Should be Allowed (National Academies Press Release)

Downwinders

Mohave Down Winders

Hanford Downwinders

Congressional Oversight

Former Directors

Comments

Carl Portwood - 6/28/2010 7:06:00 PM
Terry S. Could you send a note to my email address and give your address. I was also on Johnston and wanted to talk to you about a few things regarding the assignment. I was in the Air Force, with Joint Task Force 8. Carl Portwood carlhport@yahoo.com

terryrs - 6/28/2010 1:31:46 PM
I was a participant of the Johnston Island nuclear tests working for the Navy PMRF remote radar tracking station. I contracted both bladder and prostrate cancers, both of which were removed and I now wear a ostomy pouch which serves as my bladder. I did receive a lump sum $75,000 dollar award from the DOJ, RECA compensation program. I served there in 1962/63. Although I was awarded compensation I felt those that did not work for the DOE were denied in that the DOL, EEOICPA awarded their participants $150.000 up to 400,000. I questioned why there was a disparity soley because you worked for the DOE. I have been writing my congressional reps and president concerning this, don't hold your breath as you will probably never get an answer. The DAV organization so expressed how they have been forgotten by our leaders. Senator Inouye expressed his delight in compensating non-Americans for their war participation but he just can't seem to understand that there are Americans that also gave and receive nothing. I have wrote near 100 letters to Pres. Obama and my reps but they just ignore you. For your info, if you were not a DOE participant do not try to receive compensation through the DOL, you must go to the DOJ, RECA program. Aloha to you all that participated and suffered a consequence of being loyal to your country.

Carl Portwood - 5/17/2010 12:41:37 PM
Terry, Send me an email about your experience with DOJ and RECP. I have just submitted a claim and have a few questions that I beleive you could answer. I am retired Air Force (DOD) and qualify because I contracted one of the compensable cancers but unsure of the issue concerning inclusive dates.

Daniel Schiappa - 4/8/2010 10:02:54 AM
Albert, I appoligise for not answering your e-mail that you sent earlier. Could you re- send application, waiver etc. and I will send all info back to you to begin my case. Thanks, Daniel A. Schiappa Sr.

Herbert Brooks - 3/12/2010 8:51:26 AM
I was an onsite participant.in operation Ivy ,its tough to get anything as we were sworn to secretacy or ordered to scretacy and they didnot keep any records for involved personel.infact re were told to do extra washing down to get lighter test as we did not know why we just did as told we thought we were doing the right thing lowering the radation count for the inspectors as a lower count would get us on ourway home sooner, and now its backbiting us,ive had prostrate cancer that they say not on the list ive had eye surgery cataracts dont count its on the list but not service conected ,ive lost my hearing it dont count and not on the list,ive had precancer in my nasal passage removed also malinoma precaners removed about thirty i still got some but if you get rid of them they dont count thanks for your time-Herb Brooks says

TERRY SCHEIDT - 3/9/2010 10:57:20 AM
I was on Johnston Island in 1962/63 nuclear tests. Yes I got bladder and prostrate cancer linked to radiation exposure. Yes, Johnston Island was hot island(radiation). Yes, the DOL/DOE compensates only DOE employees, sad isn't it as I worked on island and was exposed equally as DOE employees. I was compensated through the DOJ, RECA compensation program. I wrote President Obama and my state representatives to no avail, not even a response concerning the EEOICPA act and it's exclusive, discriminatory policy. Obama before he was president did challenge this act but he don't seem to care now. At any rate if you feel you were affected by radiation from the nuclear testing you can go to the DOJ, RECA. It requires lots of documents but it will help you to get compensation.

Krisen Davis - 3/3/2010 4:16:22 PM
Hello Sir: My mother (Priscilla Gertrude Garland) worked at Brookhaven National Labs during the time period mentioned. She died, in 1974, of lung cancer. I am interested in finding out if my sister and I would be eligible for compensation. Thank you.

ALBERT B. FROWISS - 2/27/2010 8:59:57 PM
Pennie asks if her Dad, who has has brain cancer, and was on Johnston Island, is eligible. The answer is complicate as it is a DOD owned island and there were many activities there. The only people covered under the EEOICPA law(which I file claims under)are civilian employees of the Dept. of Energy or their contractors (like Holmes & Narver) up through 1962. Military or other civilians might be coverable up through 1962 under the RECP law. However, Pennie didn't say what year her father was there. If 1963 or later, I'm not aware of any radiation compensation law applicable. Pennie and others can contact me for details at FROWISS@FROWISS.ORG or by phone 858.756.1494 or mail at P.O. Box 909, Rancho Santa Fe, CA 92067. I've done over 400 EEOICPA claims successfully and currently have 100 new claims filed, pending or in development for other DOE facilities, like Brookhaven National Labs, Nevada Test Site, Atomics International, Piqua, and others.

Pennie - 2/16/2010 6:10:07 AM
My Dad worked on Johnston Island and has had brain caner. Are you saying he is not eligible?

albert b. frowiss - 1/25/2010 8:16:37 AM
recp does not go beyond 1962. Masaichi Segawa is not listed in DOE archives as an employee.

L KODAMA - 1/24/2010 4:18:07 PM
I WAS EMPLOYED BY GLOBAL FROM 1964 TO 1965 ON ENIWETOK.DOES RECP COVER PEOPLE EMPLOYED AFTER 1962?

Albert B. Frowiss, Sr. - 1/17/2010 7:20:14 PM
I will disagree with Terry Scheidt's observation only to the extent that he says, re EEOICPA, that most claimants don't qualify. That is not at all my experience. In fact, I've done 400 claims for Pacific Proving Grounds Dept. of Energy employees (Holmes & Narver was the contractor) and all but two or three have qualified, and for legitimate reason. Just take a look at the payout ratios between RECP and EEOICPA. RECP's payout in it's entirety is pathetically low for a law in existence since 1990, and has a high reject rate. EEOICPA's payout is in the several billion dollar realm and that program became law in 2001. EEOICPA is solely, however, for employees of the U.S. Dept. of Energy (Atomic Energy Commission)and their contractors. Though Terry dealt with H&N people, he was under a different paymaster. Unfortunately, his sole avenue is with RECP.

ALBERT B. FROWISS, SR. - 1/17/2010 6:58:25 PM
RE SHEILA FREITAS, WE'RE IN CONTACT. YES, YOUR UNCLE'S SURVIVING CHILDREN ARE ELIGIBLE UNDER EEOICPA AND I'LL BE HANDLING THEIR CALLS. RE: P. GONZALES QUERY, ONLY CONGRESS CAN DEFEND THEIR IRRATIONAL LAWS WHICH COMPENSATE DIFFERENT PARTICIPANTS BY DIFFERENT AMOUNTS. RE: D. GONSALES QUERY, AGAIN, THERE IS LITTLE LOGIC TO THE JUSTIFICATION TO PAY DOWNWINDERS AT ONE SITE, BUT NOT AT OTHER SITES, OR TO PAY ONE CATEGORY OF CANCER VICTIMS A DIFFERENT RATE. FRANKLY THE RECP LAW SHOULD BE MERGED INTO EEOICPA AND ALLOW A BROADER GROUP OF CLAIMANTS UNDER EEOICPA, NOT JUST THOSE WHO WERE EMPLOYED BY DOE OR THEIR CONTRACTORS. RE: TERRY SCHEIDT, AGREED. SORRY I COULDN'T HELP YOU WITH THE EEOICPA FOR YOUR CASE SINCE YOU WERE IN ANOTHER NICHE AND HOPEFULLY RECP WILL COVER YOU AND GOOD LUCK IN ATTEMPTING TO GET THEM TO ANSWER THEIR PHONE OR EMAIL.

P Gonzales - 12/24/2009 11:15:59 AM
Why are downwinders awarded a lower compensation than other groups? Suffering through cancer is equally difficult for all.

D Gonzales - 12/22/2009 5:43:14 AM
What was the reasoning by which those who suffered cancers by virtue of living in the affected areas received $50000 and others received a larger compensation. None of the afflicted knew of the danger they were in.

Terry R. Scheidt - 12/4/2009 5:35:38 PM
I was an on-site participant at Johnston Island PPG in 1962/63. I subsequently got bladder/prostrate cancer from radiation exposure. I was not an employee/contractor of the AEC/DOE. The DOL denied my claim predicated on the fact that if you did not work for the DOE you "do not" qualify for compensation under EEOICPA. The EEOICPA is highly exclusive and partial and most do not qualify. The DOJ, RECA addresses non DOE employees but the compensation is only half of that of the DOL. As you will see the programs are highly discriminatory. I wish all that worked next to the DOE/AEC employees would receive equal consideration but it won't happen. I have wrote all congressional reps, senators and the president to no avail. Aloha.

Joy Segawa Serrao - 11/4/2009 10:06:16 AM
My father worked "Down Under" somewhere between your mentioned date range. I'm not certain where he worked,nor in what occupation. He was a master carpenter by trade. His name is Masaichi Segawa, born on December 4, 1904. He was born in Kau, Hawaii and died in Hilo,Hawaii of metastatic Pancreatic Cancer at the age of 69. I still miss my Dad. Please, may I have information as to whether he would have been eligible for any compensation. Thank you.

albert b. frowiss - 7/29/2009 3:11:05 PM
Though the message in the article is to use RECP, the reality is that since 2000,and especially since it was amended in 2004, there is a better law, the EEOICPA. I've filed and adjudicated hundreds of claims under EEOICPA, mostly for Pacific Proving Grounds participants, and EEOICPA provides far greater benefits to the workers and their survivors. Civilian workers who worked on Atomic Energy Commission projects are eligible under EEOICPA. The typical award is $150,000, but can be up to $400,000. Contact me with your issues and I'll help or steer you to the right place. Albert B. Frowiss, Sr., P.O. Box 909, Rancho Santa Fe, CA 92067; 858.756.1494 phone/fax; frowiss@frowiss.org for email. I work on these claims seven days and nights a week.

Nominations

SHEILA FREITAS - 1/15/2010 5:28:09 PM
MY UNCLE WORKED ON CHRISTMAS ISLAND DURING THE PERIODS NOTED. HOW DO I FIND OUT IF HIS SURVIVING CHILDREN QUALIFY FOR ANYTHING? HIS NAME IS VICTOR K. OHUMUKINI FROM HAWAII.

albert b. frowiss - 1/1/2010 8:20:24 AM
The EEOICPA law covers former AEC/DOE employees or their contractor employees. In the case of Eniwetok, Bikini, Chistmas or Johnston Islands in the period up through the end of 1962, that means nearly everyone who worked for Holmes & Narver was covered. H&N was the AEC/DOE contractor who hired all the civilian workers. As long as you fit that description, and were there at least 83 calendar days in that time frame, on land or aboard ship, and have had a medical diagnosis of one of the 22 specified cancers, you qualify for compensation of $150,000 or more and should contact me as I've done approximately 400 of these claims successfully. Albert B. Frowiss, P.O. Box 909, Rancho Santa Fe, CA 92067, 858.756.1494, frowiss@frowiss.org is my email. If the worker is deceased, the same applies to his surviving spouse, and more, and if she is deceased, all the children can apply, including stepchildren. Unfortunately, only the RECP law applies to DOD personnel, military or civilian. Johnston Island was owned by the DOD and had other projects, non nuclear (non AEC?DOE), thus the employees who were on those projects aren't covered by EEOICPA. The RECP is quite defective in many regards, aside from the amount of compensation. For example, for "on site participants" it fails to cover renal cancer (kidney), yet renal cancer is radiogenic. Never mind that it is almost impossible to get anyone to answer the phones or emails at DOJ Torts Div.