The Radiation Exposure Compensation Act (RECA), 42 U.S.C. § 2210 note, is a federal law that provides partial restitution to individuals who developed certain serious illnesses following exposure to radiation from the U.S. nuclear weapons program, or their survivors.
“Downwinders” are individuals who developed certain cancers after presumed exposure to radiation released during the atmospheric nuclear tests conducted within the United States. A qualifying Downwinder must meet two essential criteria:
1. The Downwinder must have been physically present in an affected area for one of the following durations:
• In the State of New Mexico for 1 year between September 24, 1944, and November 6, 1962;
• In any affected area for 1 year between January 21, 1951, and November 6, 1962; or
• In any affected area for the entire period from June 30, 1962, to July 31, 1962.
The affected areas under RECA’s downwind provisions include the states of Idaho, New Mexico, and Utah, as well as the following counties: In the state of Arizona, the counties of Coconino, Yavapai, Navajo, Apache, Gila & Mohave; in the state of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and Clark County townships 13 through 16 at ranges 63 through 71.
2. Following this presence, a qualifying Downwinder must show that they were diagnosed with a specified compensable disease. The specified compensable diseases are leukemia (other than chronic lymphocytic leukemia), multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancers of the: thyroid, 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.
Compensation amount:
RECA provides qualifying Downwinders a one-time, lump sum payment of $100,000. If the individual has died, their survivors may apply for equal shares of the single payment.
Applicants may file claims electronically at the Department of Justice, Civil Division’s RECA Claim Portal which can be accessed at: https://www.justice.gov/civil/reca (Claim forms are available at this website as well).
Before you file, gather supporting documents, such as:
• Proof of residence, employment, or onsite participation during a qualifying period
• Medical records documenting your diagnosis of a compensable disease
• Identification documentation as described on the claim form
Deadline to File: All claims must be filed by December 31, 2027.
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