Radiation Exposure Compensation Program

U.S. Department of Justice
Radiation Exposure Compensation Program
Interest in an Update of the 2005 NAS Study on the Use of Scientific Information in the Radiation Exposure Compensation Act Claudia Gangi
Trial Attorney
Civil Division, Torts Branch
(202) 616-4138
[email protected]
J
20 201
• 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
Innocent Exposure
Uranium Ore Transporters $100,000
Onsite Participants $75,000
“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
Exposure
40 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
OR
Employed for at least 1 year in uranium mines during the relevant time period
Diseases
primary lung cancer, pulmonary fibrosis, silicosis, cor pulmonale, and pneumoconiosis Exposure
Employed 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 Diseases
primary lung cancer, pulmonary fibrosis, silicosis, cor pulmonale, pneumoconiosis , renal cancer, and chronic renal disease
Exposure
The claimant must have been present "onsite" above or within the official boundaries of the Nevada, Pacific, Trinity, or South Atlantic Test Sites during testing
Diseases
Leukemia, 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
Radiation Exposure Compensation Program
• 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
• Leukemia, other than chronic lymphocytic leukemia
• Multiple myeloma
• Lymphoma (other than Hodgkin’s Disease)
• Primary cancer of the following:
Pharynx
Thyroid
Female breast
Small intestine
Pancreas
Ovary
Salivary gland
Lung
Esophagus
Male breast
Stomach
Brain
Urinary bladder
Bile ducts
Liver
Colon
Gall bladder
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
Radiation Exposure Compensation Program
• 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
Radiation Exposure Compensation Program
Pending Bill
Purpose
H.R. 1630
Expands the Act's "downwind" area to include the Territory of Guam S. 1342
Expands the Act's "downwind" area to include Idaho and Montana H.R. 4712/S. 3270
Expands the Act's "downwind" area to include Mojave County, Arizona H.R. 1828/S. 757
Adds 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)
For More Information:
U.S. Department of Justice
Radiation Exposure Compensation Program
P.O. Box 146
Ben 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