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January 27th is 'Downwinder Day.' The day is now official because several U.S. Senators managed to pass a resolution in Congress in the hopes of improving their chances of getting a bill passed. The bill is an amendment to a 1990 law called the Radiation Exposure Compensation Act (42 U.S.C. 2210), which provides payments to individuals who contracted certain cancers and other serious diseases as a result of their exposure to radiation released during above-ground nuclear weapons tests or as a result of their exposure to radiation during employment at atomic testing sites or in underground uranium mines.

Learn more about Trinity downwinders, Nevada Test Site downwinders and global fallout downwinders in our free book-in-progress called 'Nuclear Crimes: The Book' here

Advanced topics for downwinders

The amended bill would: triple the compensation amount to $150,000, and give $100,000 to each past successful downwinder claimant; give all successful claimants medical benefits; expand eligibility to be a 'downwinder' to the full geography of seven Western states (Arizona, Nevada, New Mexico, Colorado, Idaho, Montana, and Utah), and Guam; widen the qualifications for those who worked in the uranium mines during the Cold War; fund $3 million for an epidemiological study relating to health and uranium development; allow affidavits to help victims prove residence/employment (during specified periods of time); would allow resubmission of previously denied RECA claims up to three times; and would extend the RECA Trust Fund's termination date from its current 'sunset' in 2022 to roughly 2029.

Time restrictions under Radiation Exposure Compensation Act Amendments of 2010:

Claimants in Arizona, Nevada, Colorado, Idaho, Montana, and Utah need to prove they lived there 2 years between January 21, 1951, and ending on October 31, 1958 or in July 1962 [but what a 31 days it was!: chart].  Claimants in New Mexico need to prove they lived there 2 years between January 21, 1951, and ending on October 31, 1958, or in July 1962, or for the period beginning on June 30, 1945, and ending on July 31, 1945.   Claimants in Guam need to prove they lived there for a period of at least 2 years between June 30, 1946, and ending on August 19, 1958 (August 18, 1958 was the last Pacific nuclear test ('Fig') conducted on Enewetak or Bikini Atoll since testing there begin in June 1946) or for the period beginning on April 25, 1962, and ending on November 5, 1962. (The 1962 timeframes corresponds with aboveground nuclear testing on Christmas and Johnston Islands that (after a hiatus from two nuclear 1958 tests) re-commenced on April 25, 1962 and ended on November 4, 1962).  (Note that the Argus series over the South Atlantic Ocean was carried out on August 27 and 30 and September 6, 1958).

We have uploaded here to Scribd.com the RECA House bill (note that the eligibility requirements for leukemia are different from the requirements of all the other RECA compensable 'specified' diseases) and at the end of that document we show the marked changes to the 1990 RECA law.  

 

The bill would not leave unchanged the compensation scheme for law firms that do business in processing RECA claims; the new bill gives each law firm that succeeds with a claim an extra 8 percent kickback (on top of the original 'fixed' kickback of 2%); the bill would not fund the completion of a University of Utah study on the relationship between Iodine 131 fallout and thyroid disease that was cut in the 1990s before it could be completed; the bill curiously isn't affixed with a price-tag (we have calculated $57 billion in compensation payouts to downwinders, not including payouts to uranium workers, and program and medical costs); the bill wouldn't address many of the inadequacies of the original RECA bill as we lay out in our oped 'The Black and White World of RECA.'

Learn how we calculated $57 billion - at footnote 40 here

Considering the (unspoken) exhorbitant cost of the new legislation, it seems this bill will not amount to much of anything. This downwinder bill won't happen because it's too expensive. Can you imagine the Congress approving about $50-100 billion for radiation victims when most people in Washington, D.C. haven't ever heard about 'downwinders'? What will this bill, this day, amount to? What change will there really be? For more perspective about this, read from a downwinder about what downwinder day signifies:

Excerpt from the (St. George) Spectrum's article 'Downwinders hope Day of Remembrance spurs change' link

"Some local downwinders saw the Day of Remembrance as difficult to embrace. Michelle Thomas, a St. George resident who was officially declared a downwinder when she was diagnosed with breast cancer in 1993, called the declaration an insult.

"It's an empty occasion, devoid of any long-term positive benefit," she said, arguing that proclamations ring hollow when they are unlikely to come with any action. She said she is doubtful that a weapons ban or additional compensation is coming any time soon.

"The only thing that would make me feel better is if they initiated that we would implement in the school system a program to teach about downwinders," she said, advocating for Dickson's play to be introduced to young people and for downwinders to finally have their own recognition in history books.

"It's education that's necessary, not a proclamation," she said."


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'The greatest irony of our atmospheric nuclear testing program is that the only victims of U.S. nuclear arms since World War II have been our own people.' 
- Forgotten Guinea Pigs Report, 1980