Amended Radiation Exposure Compensation Act (RECA Act of 2025)

Attorney R. Hugh Stephens has represented victims of the radiation exposure resulting from atomic weapons testing and uranium mining since approximately 2010. The RECA fund, which ended in June 2024, was recently extended to December 31, 2028. The amended RECA Act of 2025 provides compensation to uranium workers, onsite participants, and downwinders.

An outline of the RECA amendments

(i) The Trust Fund was extended until 12/31/2028 Sec. 3(d)

1. It is useful to note that initial claims must be filed by 12/31/2027.

(ii) The amount of compensation for Onsite Participants and Downwinders was increased to $100,000 from $75,000 (onsite participants) and $50,000 (downwinders) respectively. Sec 4(a)(1)(B)

(iii) Those Onsite Participants and Downwinders who have already been paid, do not receive any additional compensation under the current amendment. Sec. 4(a)(1)(D)(iii)

(iv) “Downwinders” are expanded to include those from New Mexico, Utah, and Idaho.

(v) Uranium workers:

1. Adds 1/1/1972 – 12/31/1990 for eligible claimants.
2. Includes “core drillers.”
3. Includes those involved in “Remediation Efforts at such Mine or Mill.”
4. Adds Chronic Renal Disease including nephritis and kidney tubal tissue injury.
5. Permits combined work histories to satisfy the statute’s work requirement.

(vi)Radioactive Waste Exposure Compensation

1. Establishes 2 years after January 1, 1949 as the presence standard.
2. Establishes $50,000 or the total of unreimbursed medical benefits as the amount of compensation.
3. Establishes survivor benefit at $25,000.
4. Spouse, if alive, and children if spouse not alive whether dependent or not.
5. Establishes “affected area” in:

• Missouri: 630031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, 63367.
• Tennessee: 37716, 37840, 37719, 37748, 37763, 37828, 37769, 37710, 37845, 37887, 37829, 37854, 37830, and 37831.
• Alaska: 99546, 99547.
• Kentucky: 42001, 42003, 42086

 

The RECA of 2025 covers radiation victims depending on illness and circumstances of exposure as follows:

RECA compensation for victims of atmospheric nuclear testing

As per the amended RECA of 2025, qualified victims of atmospheric nuclear testing who lived in affected areas receive $100,000 if they suffer from a specified illness. Claimants are considered to have been physically present if:

(I) They were physically present in an affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on November 6, 1962;

(II) Were physically present in an affected area for the period beginning on June 30, 1962, and ending on July 31, 1962

(III) Were physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962

(IV) They participated onsite in a test involving the atmospheric detonation of a nuclear device.

Affected areas refer to:

• All of New Mexico, Utah, and Idaho
• Certain counties in the State of Nevada, including White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71
• Certain counties in the State of Arizona, including the counties of Coconino, Yavapai, Navajo, Apache, Gila, and Mohave
• New Mexico for claims by individuals who were physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962.

In cases of leukemia, claimants must submit written documentation that such individuals developed leukemia 2 years after first exposure to fallout after the applicable period of physical presence as described above.

In cases relating to other specified illnesses and cancer, the individual must submit written medical documentation that he or she, after such period of physical presence or such participation (as the case may be), contracted a RECA specified disease listed below.

RECA Act of 2025 claims relating to uranium mining

Eligible miners include those employed in a uranium mine or uranium mill (including any individual who worked in the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas at any time during the period beginning on January 1, 1942, and ending on December 31, 1990. During this period, the miner must have been exposed to work-related radiation for a year.

Other eligible claimants include millers, core drillers, and ore transporters as well as those involved in remediation efforts at such a uranium mine or mill, working for at least one year during the same period.

The term “core driller” means any individual employed to obtain cylindrical rock samples of uranium or vanadium through a borehole drilling machine for mining uranium or vanadium.

The RECA act of 2025 allows the combination of work histories for individuals who worked in one or more of the qualified uranium mining positions above for a period of at least one year, any time during the period beginning on January 1, 1942, and ending on December 31, 1990

Qualified claimants must submit written medical documentation indicating that the individual developed lung cancer, nonmalignant respiratory disease, renal cancer, or any other chronic renal disease, including nephritis and kidney tubal tissue injury, after exposure.

Eligible living victims under the program will receive a compensation of $50,000 or total compensation for unreimbursed losses related to medical expenses. Medical expenses shall be compensated upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered under any program or insurance.