The Radiation Exposure Compensation Act (RECA) has now expired: What happens next?

From the 1940s to the 1960s, the United States conducted nuclear tests fueled by uranium mining and processing. This exposed tens of thousands of workers and a vast span of "downwind" communities to radiation for which they were not sufficiently protected or warned. Radiation exposure not only harmed those directly exposed, but it has also resulted in families with generations of early cancer in downwind regions.

This led to the Radiation Exposure Compensation Act (RECA), passed in 1990, providing specific financial compensation for workers and a specified range of downwind communities. For decades, advocates have pushed for the program to be extended and/or expanded to include more downwind regions. Unfortunately, neither group succeeded, and the compensation program has expired as of June 10, 2024.

What does RECA expiration mean for claimants and those families still affected in "downwinder" areas?

When an act such as this expires, there is always a cascading effect. Right now, two groups are still being considered for RECA benefits past the expiration date: Those already approved and those whose RECA claims were submitted before the June 10th cutoff date. This will result in current approvals being honored and the potential for a limited number of approvals for benefits in the near future.

RECA-approved cases will receive benefits

Those already approved for the program will receive their benefits. No matter how your benefits were classified in the program, anyone already approved by the system will have access to the full approved benefits.

You will have access to your one-time sum and support resources as designated by the program.

Pre cut-off RECA claims will be considered

Claims submitted on or before June 10th, 2024, will still be considered for approval. These will go through the typical assessment and approval process. If your claim was postmarked (or stamped by another commercial carrier), it will be considered to have been filed in a timely manner whenever the Radiation Exposure Compensation Program receives it.

These cases will be filed and adjudicated, with the usual likelihood of approval based on conditions.

No new RECA claims accepted after June 10, 2024

As of June 10th, 2024, no new RECA claims are being accepted.

All untimely (late) claims will be returned to the sender if they are postmarked after June 10, 2024. Electronic claims stopped being accepted at the cut-off date, as their submission date is immediate.

Many in Congress are working to bring RECA back

For those still affected by generational radiation exposure, you may already know that many members of Congress in affected states have been working continuously to extend and/or expand the program. This battle has not stopped with the current RECA expiration, as communities still have a profound need for the continuation of RECA claims benefits.

For decades, there have been two groups of RECA advocates in Congress: Those who want to expand the program to include additional downwinder regions and those who wish to extend the expiration date.

Those fighting to expand RECA coverage are adamant about including a wider span of clearly affected communities. However, as a result, they will not support bills that support a simple extension of the program without expansion. Those seeking extension are not driven to support expansion because their constituent communities are already included.

For these reasons, expansion bills have been passed in the Senate but often stall in the House. Congress advocates have been working to attach RECA expansion to other bills, but this has been unsuccessful. At the same time, those who oppose the expansion and/or extension often cite the lack of offsetting spending to pay for the program.

While the situation is complex, the good news is that the fight is not over. Advocates for the compensation program in Congress continue to seek a solution.

We're confident RECA will be restored

For those in need of the program’s benefits, there is a high chance that it will be restored with an extension and possibly expansion to include further affected communities. We are confident that this expiration does not mark the end of the program.

The Senate has already shown a willingness to extend RECA should the bills pass successfully through Congress. Congress representatives are still dedicated to maintaining it for their communities and/or expanding the program to include further downwinder regions. Both expansion and extension factions now have everything to gain from working together to restore it and resume claim acceptance.

One reason we are confident is that RECA has been updated several times in the past. After its establishment in 1990, the scope of the compensation program’s coverage was broadened in 2000. Further updates were made in 2002 to clarify policies.

In 2022, RECA was extended through June 10, 2024.

HR 2783 is another RECA amendment proposed in 2019 that drastically expands downwinder-eligible areas and extends the program to 2045. It would also increase overall compensation and provide benefits similar to those available to Department of Energy employees. This amendment was not passed but serves as a framework for further efforts to expand and extend for affected communities.

The future of RECA claims

The RECA program has expired, but it is not yet over. If you did submit a claim on or before June 10th, 2024, your claim will be considered, and you are eligible for benefits. Any unreceived benefits will be processed and dispersed if your claim has already been approved.

A new RECA extension is very likely to be approved in the near future. Those already within a downwinder region may soon be eligible to submit a claim again. Congress members in non-included but affected communities are also still fighting to expand the program to include further downwinder regions and increase eligibility. The 2019 HR 2783 proposed amendment also shows that Congress may be pushing for increased compensation for the claimants.

RECA may have expired, but revival is in the works.

If you have questions about RECA and how these developments might affect you or a loved one, please give us a call and one of our Community Outreach Executives will follow up with you.