JM 4-5.432
RECA sets forth five categories of claims: uranium miners, uranium millers, ore transporters, downwinders, and onsite participants. There are two major eligibility criteria for each category of claims: (1) actual or presumptive exposure to radiation, and (2) subsequent development of a compensable disease. Causation is not an element in any claim under the Act.
The uranium miner provisions of the Act provide a payment of $100,000 to, or on behalf of, uranium miners who worked in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas during the years 1942 to 1971. The miner must have been exposed to a certain threshold level of radiation measured by working level months of radiation ("WLMs") during the course of his uranium mining activities. Alternatively, the miner must have been employed in a uranium mine for at least one year during the same time period. Finally, the miner must have subsequently developed primary cancer of the lung or one of the following nonmalignant respiratory diseases: pulmonary fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of the lung, silicosis, or pneumoconiosis. § 5(a)(1)(A), § 5(b)(3), 42 U.S.C. § 2210; 28 C.F.R. § 79.42.
The uranium miller provisions of the Act provide a payment of $100,000 to, or on behalf of, uranium millers who worked in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas during the years 1942 to 1971. The miller must have been employed in a uranium mill for at least one year during this time period. Finally, the miller must have subsequently developed primary renal cancer, chronic renal disease, primary cancer of the lung, or one of the following nonmalignant respiratory diseases: pulmonary fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of the lung, silicosis, or pneumoconiosis. § 5(a)(1)(A), § 5(b)(3), 42 U.S.C. § 2210; 28 C.F.R. § 79.52.
The uranium ore transporter provisions of the Act provide a payment of $100,000 to, or on behalf of, uranium ore transporters who worked in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas during the years 1942 to 1971. The ore transporter must have transported uranium or vanadium-uranium ore from a mine or mill for at least one year during this time period. Finally, the ore transporter must have subsequently developed primary renal cancer, chronic renal disease, primary cancer of the lung, or one of the following nonmalignant respiratory diseases: pulmonary fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of the lung, silicosis, or pneumoconiosis. § 5(a)(1)(A), § 5(b)(3), 42 U.S.C. § 2210; 28 C.F.R. § 79.62.
The downwinder provisions of the Act provide a payment of $50,000 to, or on behalf of, individuals who lived or worked downwind of atmospheric nuclear tests conducted at the Nevada Test Site. The downwinder must establish physical presence in certain geographical areas in Utah, Nevada and Arizona for at least two years during the time period beginning on January 21, 1951, and ending on October 31, 1958, or for the entire period from June 30, 1962, to July 31, 1962. In order to receive compensation under the "downwinder" provisions of the Act, it must also be demonstrated that, after the requisite length of exposure, one of the following specified compensable diseases was developed: leukemia (other than chronic lymphocytic leukemia), lymphoma (other than Hodgkin's disease), multiple myeloma, or primary cancer of the thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile duct, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated), or lung. § 4(a)(2), § 4(b), 42 U.S.C. § 2210; 28 C.F.R. § 79.22.
The onsite participant provisions of the Act provide a payment of $75,000 to, or on behalf of, individuals who contracted a compensable disease after participating onsite at specified test locations during a period of atmospheric nuclear testing between July 16, 1945, and December 31, 1962. The locations where covered atmospheric nuclear testing occurred are: (1) the Nevada Test Site; (2) the Pacific Test Sites; (3) the Trinity Test Site; (4) the South Atlantic Test Site; and (5) certain other decontamination and radiation monitoring facilities. § 4(a)(2)(C), 42 U.S.C. § 2210; 28 C.F.R. §§ 79.11(f), 79.32. The onsite participant also must have developed one of the 20 cancers identified under the downwinder provisions.
[updated April 2018]