A Difficult but Well-Fought Negotiation Campaign

A negotiation campaign formed around saving and expanding legislation that assists Americans harmed by government nuclear testing. The efforts highlight the value of negotiating on multiple fronts.

By — on / Negotiation Skills

Some negotiations are relatively straightforward, involving two parties hashing out a limited set of issues in a finite amount of time. Others require a more complex negotiation campaign, which Harvard Business School professor James K. Sebenius defines as a process in which “a number of individual deals must be put together, often on multiple ‘fronts,’ to realize a larger result, typically an ultimate target agreement with sufficient support to make it sustainable.”

A negotiation campaign involves multiple negotiations, typically many parties, and an overarching goal. And it can be difficult to pull off, as supporters of the Radiation Exposure Compensation Act (RECA) found when they raced the clock to try to get Congress to extend and expand the expiring legislation.

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The Beginning of a Negotiation Campaign

Since 1945, the United States has tested more than 200 nuclear weapons above ground. For many working at and living near these sites, the testing has had devastating health consequences.

In 1990, Congress passed RECA to provide financial compensation to those who contracted cancer and other diseases related to radiation and uranium exposure near sites in Arizona, Colorado, New Mexico, and Utah. The legislation provided a onetime payment of $50,000 for those living downwind of test sites, $75,000 for workers at the sites, and $100,000 for uranium miners and others.

RECA was set to expire in July 2024, though demand for compensation was greater than ever. More recent victims of uranium processing in states such as Alaska, Missouri, and New Mexico had been shut out of the program, according to Politico.

As the expiration deadline loomed, Republican senator Josh Hawley of Missouri and Democratic representative Ben Ray Luján of New Mexico proposed a bill that would expand RECA to more states and territories, and renew it for five years. But some Senate Republicans said the bill’s $150 billion price tag was far too steep.

Showing a willingness to compromise, the bill’s sponsors agreed to lower its funding to $50 billion, according to the Washington Examiner. Hawley also relied on hard-bargaining tactics to try to get his way, including blocking former aides of then–Senate minority leader Mitch McConnell from being considered for appointments in the Biden administration.

After Hawley agreed to include McConnell’s home state of Kentucky in the bill, McConnell decided to support it. It passed the Senate in March 2024 in a 69-30 vote.

Persuasion Nation

The next hurdle was the House of Representatives. Speaker Mike Johnson was reluctant to bring it up for a vote, saying it was too expensive.

Hawley worked to wear down Johnson’s resistance before RECA’s expiration deadline. “What I’ve said to him is, listen, this is a bipartisan bill,” Hawley told the Examiner. “It’s great for . . . House Republicans who are in swing districts—in Texas, Arizona.” He also argued that the bill would be “good for the country” and show Americans that “the House can govern.”

When Johnson continued to balk, Hawley criticized the speaker’s “indecision” in a House floor speech. He also told reporters it would be “unconscionable” for Johnson not to put the bill up for a vote, according to the Examiner.

The pressure tactics didn’t seem to help. “We’re to the point where he’s not necessarily taking my phone calls,” joked Hawley, referring to Johnson.

Finding Unlikely Allies

In the following months, a bipartisan coalition of lawmakers and outside advocates joined the negotiation campaign, according to the Examiner. Johnson’s staff met with radiation victims, and some of the bill’s sponsors and advocates held a joint press conference.

“I may not agree with [Hawley] politically, but he’s been a huge champion on this,” bill advocate and thyroid cancer survivor Mary Dickson told Politico. “The government has an absolute responsibility to take care of those they knowingly harmed.”

Notably, Representative Cori Bush of Missouri, a progressive Democrat, joined Hawley’s negotiation campaign. The lawmakers are miles apart on most issues, including immigration and abortion, but both represented Missouri constituents affected by the government’s storage of radioactive waste.

“When you have Cori Bush and Josh Hawley on the same side, fighting for the same thing, for Missourians, you need to listen,” Bush said in a press conference supporting RECA.

A Failed Negotiation Campaign . . . for Now

Unfortunately for the bill’s backers and intended beneficiaries, Johnson allowed it to expire in June, citing the high cost and insufficient Republican support. “RECA expires today because the House has done nothing,” Hawley tweeted. “I hope when @SpeakerJohnson gets back from Europe he will get focused on America—and make time to meet with radiation survivors, like he promised.”

Despite RECA’s expiration, supporters of its expansion have not given up their fight or their negotiation campaign. Democratic congressman Gabe Vasquez of New Mexico has proposed including the legislation in a defense spending measure.

Ingredients of a Negotiation Campaign

The efforts to renew and expand RECA include many hallmarks of a negotiation campaign, including:

  • Multiple negotiations with multiple possible obstructors
  • A willingness to ally with opponents and rivals
  • A combination of creative dealmaking and hard-bargaining strategies
  • A single-minded focus on a central goal

Time will tell if RECA supporters are eventually able to bring their negotiation campaign to the finish line.

What factors have you found to be essential to a successful negotiation campaign?

Claim your FREE copy: Negotiation Skills

Build powerful negotiation skills and become a better dealmaker and leader. Download our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.


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