[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Rules and Regulations]
[Pages 51422-51439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19221]



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Part IV





Department of Justice





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28 CFR Part 79



Claims Under the Radiation Exposure Compensation Act Amendments of 
2000; Final Rule and Proposed Rule

  Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / 
Rules and Regulations  

[[Page 51422]]


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DEPARTMENT OF JUSTICE

28 CFR Part 79

[CIV100F; AG Order No. 2604-2002]
RIN 1105-AA75


Claims Under the Radiation Exposure Compensation Act Amendments 
of 2000; Technical Amendments

AGENCY: Civil Division, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice (``the Department'') revises its 
existing regulations to implement the Radiation Exposure Compensation 
Act (``the Act,'' or ``RECA''), to reflect amendments to the Act made 
in the Radiation Exposure Compensation Act Amendments of 2000 (``2000 
Amendments''), enacted on July 10, 2000. This is the first of two 
related rulemakings and is a final rule, technical in nature, providing 
conforming amendments consistent with the new law. These revisions 
reflect only those changes specifically set forth in the statute, and 
other technical amendments. The second related rulemaking is a proposed 
rule published elsewhere in this issue of the Federal Register. The 
final regulations: expand the list of radiogenic and chronic diseases 
that are compensable for ``downwinder'' and ``onsite participant'' 
claimants; eliminate smoking distinctions for all claimants; amend the 
list of geographical areas to provide additional radiation-affected 
areas for ``downwinder'' claimants; modify the burden of proof for 
purposes of claims processing; allow claimants who have previously been 
denied compensation to file up to three times; and make other technical 
revisions consistent with the amended Act.

DATES: Effective date: September 6, 2002. This final rule will apply to 
all claims pending with the Radiation Exposure Compensation Act Program 
(``Program'') as of this date.

FOR FURTHER INFORMATION CONTACT: Gerard W. Fischer (Assistant 
Director), (202) 616-4090, and Dianne S. Spellberg (Senior Counsel), 
(202) 616-4129.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2000, the Radiation Exposure Compensation Act 
Amendments of 2000 were enacted, providing expanded coverage to 
individuals who developed one of the diseases specified in the Act 
following exposure to radiation related to the Federal Government's 
atmospheric nuclear weapons program or as a result of employment in the 
uranium production industry. This rule implements the Act's technical 
revisions, providing conforming amendments that incorporate the 
legislative language contained in the amended Act.

Discussion of Final Changes

    This rule implements the Act by expanding the list of compensable 
``downwinder'' and ``onsite participant'' diseases to include cancers 
of the lung, male breast, salivary gland, urinary bladder, brain, 
colon, and ovary. This rule eliminates regulatory distinctions based 
upon many of the risk factors associated with several of the original 
diseases, such as ``age at time of initial exposure'' and lifestyle 
restrictions, such as alcohol consumption and smoking.
    The rule amends the list of ``downwinder'' geographical areas, 
designated as ``affected areas'' for purposes of establishing 
eligibility, to correlate with the areas specified in the Amended Act, 
including the addition of two additional counties in the State of Utah 
(Wayne and San Juan) and five additional counties in the State of 
Arizona (Coconino, Yavapai, Navajo, Apache, and Gila).
    The rule modifies the burden of proof in conformance with the Act's 
provisions, ensuring that in determining whether each claim filed 
satisfies the requirements of the Act, all reasonable doubt shall be 
resolved in favor of the claimant.
    Finally, the rule allows claimants who have previously been denied 
compensation to file up to three more times. This action would allow 
denied claimants to take advantage of changes in the law that 
liberalize the eligibility requirements. The Department anticipates 
that much of the information in refiled claims will have been 
previously verified. Presently, the regulations permit three attempts 
at establishing eligibility, so this provision simply continues that 
process.
    Subparts E, F, and G are being reserved for provisions included in 
a proposed rulemaking that address claims by uranium mine workers, 
uranium mill workers, and uranium and uranium-vanadium ore 
transporters, respectively. The proposed rule published elsewhere in 
this issue of the Federal Register. Similarly, Sec. 79.74 of subpart H 
is reserved for a provision addressing representatives and fees that is 
part of the proposed rulemaking.

A Proposed Rulemaking Related to This Final Rulemaking

    Elsewhere in this issue of the Federal Register, the Department is 
publishing a related, proposed rule, Claims Under the Radiation 
Exposure Compensation Act Amendments of 2000; Expansion of Coverage for 
Uranium Mill Workers and Ore Transporters; Expansion of Coverage of 
Uranium Miners; Representation and Fees (CIV 101). That proposed rule 
primarily addresses compensation for two new claimant categories: 
uranium mill workers and individuals employed in the transport of 
uranium ore or vanadium-uranium ore. It also addresses the expanded 
population of uranium mine workers made eligible for compensation by 
lowering the radiation exposure threshold for miners, enlarging the 
number of covered uranium mining states, and including ``aboveground'' 
miners within the scope of the Act.

Administrative Procedure Act

    This rule merely conforms Department regulations to the 2000 
Amendments, and makes other technical amendments. It does not expand 
upon the provisions of the statute. The statutory changes implemented 
by this rule provide expanded coverage, modify the burden of proof in 
favor of the claimant, and allow claimants who previously have been 
denied compensation to file additional times so that they may take 
advantage of the liberalized eligibility requirements. For the 
foregoing reasons, the Department finds that it would be unnecessary 
and contrary to the public interest to provide for notice and public 
comment on this rule. Accordingly, the Department finds that good cause 
exists for exempting this rule from the provisions of the 
Administrative Procedure Act (5 U.S.C. 553(b)) requiring notice of 
proposed rulemaking and the opportunity for public comment.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reason: The claimant population benefitted by these regulations 
includes individuals who developed a specified illness following 
exposure to radiation related to the Federal Government's atmospheric 
nuclear weapons program or as a result of employment in the uranium

[[Page 51423]]

production industry. The regulations set forth eligibility criteria 
that claimants must satisfy in order to receive compensation. They have 
no impact on small business competitiveness.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation. The compensation payments provided for by the 
Radiation Exposure Compensation Act and the 2000 Amendments and 
implemented by this rule will exceed $100,000,000 a year for several 
years. Because of the aggregate size of these payments to eligible 
individuals, the Office of Management and Budget has determined that 
this rule is ``economically significant'' as defined by section 3(f)(1) 
of Executive Order 12866. Accordingly, this rule has been reviewed by 
OMB.
    This rule will not adversely affect the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. Rather, the RECA system is an administrative compensation 
program that serves to provide payments to individuals who meet the 
eligibility requirements of the Act and implementing regulations. 
Accordingly, qualifying individuals receive monetary compensation for 
certain diseases they developed following exposure to radiation under 
the conditions set forth in the rule.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    The compensation payments provided for by the Radiation Exposure 
Compensation Act and the 2000 Amendments and implemented by this rule 
will exceed $100,000,000 a year for several years. Because of the 
aggregate size of these payments to eligible individuals, the Office of 
Management and Budget has determined that this rule is a ``major rule'' 
as defined by section 251 of the Small business Regulatory Enforcement 
Fairness Act of 1996, 5 U.S.C. 804.
    However, this rule will not result in a major increase in costs or 
prices or have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets. Rather, the RECA system is an 
administrative compensation program that serves to provide payments to 
individuals who meet the eligibility requirements of the Act and 
implementing regulations. Accordingly, qualifying individuals receive 
monetary compensation for certain diseases they developed following 
exposure to radiation under the conditions set forth in the rule.
    Further, this rule merely conforms Department regulations to the 
RECA Amendments of 2000. Also, the statutory changes implemented by 
this rule provide expanded coverage, modify the burden of proof in 
favor of the claimant, and allow claimants who have previously been 
denied compensation to file additional times so that they can take 
advantage of the liberalized eligibility requirements. For the 
foregoing reasons, the Department finds that it would be unnecessary 
and contrary to the public interest for the effectiveness of this rule 
to be deferred for the time specified by 5 U.S.C. 801. Accordingly, the 
Department invokes the exception allowed by 5 U.S.C. 808 and determines 
that this rule should take effect on September 6, 2002, as set forth 
above in the DATES section.

Paperwork Reduction Act

    Information collection associated with this regulation has been 
approved by the Office of Management and Budget under the provisions of 
the Paperwork Reduction Act of 1995. The OMB control number for this 
collection is 1105-0052.

List of Subjects in 28 CFR Part 79

    Administrative practice and procedure, Authority delegations 
(Government agencies), Cancer, Claims, Radiation Exposure Compensation 
Act, Radioactive materials, Reporting and recordkeeping requirements, 
Uranium mining, Uranium.

    Accordingly, part 79 of chapter I of Title 28 of the Code of 
Federal Regulations is amended as follows:
    1. By revising the authority citation to read as follows:

    Authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 
920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 
(42 U.S.C. 2210 note).


    2. By revising subparts A through D to read as set forth below;

    3. By removing and reserving subparts E and F (Secs. 79.40--79.55);

    4. By adding and reserving subpart G; and

    5. By adding subpart H to read as set forth below.

(Note: Appendices A through C remain unchanged.)

    The revised and added text reads as follows:

PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT

Subpart A--General

Sec.
79.1   Purpose.
79.2   General definitions.
79.3   Compensable claim categories under the Act.
79.4   Determination of claims and affidavits.
79.5   Requirements for medical documentation, contemporaneous 
records, and other records or documents.
Subpart B--Eligibility Criteria for Claims Relating to Leukemia
79.10   Scope of subpart.
79.11   Definitions.
79.12   Criteria for eligibility.
79.13   Proof of physical presence for the requisite period and 
proof of participation onsite during a period of atmospheric nuclear 
testing.
79.14   Proof of initial exposure prior to age 21.
79.15   Proof of onset of leukemia more than two years after first 
exposure.
79.16   Proof of medical condition.
Subpart C--Eligibility Criteria for Claims Relating to Certain 
Specified Diseases Contracted in an Affected Area
79.20   Scope of subpart.
79.21   Definitions.
79.22   Criteria for eligibility.
79.23   Proof of physical presence for the requisite period.

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79.24   Proof of initial or first exposure after age 20 for claims 
under Sec. 79.22(b)(1).
79.25   Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.
79.26   Proof of medical condition.
79.27   Indication of the presence of hepatitis B or cirrhosis.
Subpart D--Eligibility Criteria for Claims by Onsite Participants
79.30   Scope of subpart.
79.31   Definitions.
79.32   Criteria for eligibility.
79.33   Proof of participation onsite during a period of atmospheric 
nuclear testing.
79.34   Proof of medical condition.
79.35   Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.
79.36   Indication of the presence of hepatitis B or cirrhosis.
Subpart E--[Reserved]
Subpart F--[Reserved]
Subpart G--[Reserved]
Subpart H--Procedures
79.70   Attorney General's delegation of authority.
79.71   Filing of claims.
79.72   Review and resolution of claims.
79.73   Appeals procedures.
79.74   [Reserved]
79.75   Procedures for payment of claims.
* * * * *

Subpart A--General


Sec. 79.1  Purpose.

    The purpose of these regulations is to implement the Radiation 
Exposure Compensation Act (``Act''), as amended by the Radiation 
Exposure Compensation Act Amendments of 2000, which authorizes the 
Attorney General of the United States to establish procedures for 
making certain payments to qualifying individuals who contracted one of 
the diseases listed in the Act. The amount of each payment and a 
general statement of the qualifications are indicated in Sec. 79.3(a). 
The procedures established in these regulations are designed to utilize 
existing records so that claims can be resolved in a reliable, 
objective, and non-adversarial manner, quickly and with little 
administrative cost to the United States or to the person filing the 
claim.


Sec. 79.2  General definitions.

    (a) Act means the Radiation Exposure Compensation Act of 1990, 
Public Law 101-426, as amended by section 3139 of Public Law 101-510 
and by the Radiation Exposure Compensation Act Amendments of 2000, 
Public Law 106-245 (see 42 U.S.C. 2210 note).
    (b) Child means a recognized natural child of the claimant, a 
stepchild who lived with the claimant in a regular parent-child 
relationship, or an adopted child of the claimant.
    (c) Claim means a petition for compensation under the Act filed 
with the Radiation Exposure Compensation Program by a claimant or by 
his or her eligible surviving beneficiary or beneficiaries.
    (d) Claimant means the individual, living or deceased, who is 
alleged to satisfy the criteria for compensation set forth either in 
section 4 or in section 5 of the Act.
    (e) Contemporaneous Record means any document created at or around 
the time of the event that is recorded in the document.
    (f) Eligible surviving beneficiary means a spouse, child, parent, 
grandchild or grandparent who is entitled under section 6(c)(4) (A) or 
(B) of the Act to file a claim or receive a payment on behalf of a 
deceased claimant.
    (g) Grandchild means a child of a child of the claimant.
    (h) Grandparent means a parent of a parent of the claimant.
    (i) Immediate family member of a person means a spouse or child if 
the person is an adult, but if the person is a minor, immediate family 
member means either parent.
    (j) Indian tribe means any Indian tribe, band, nation, pueblo, or 
other organized group or community that is recognized as eligible for 
special programs and services provided by the United States to Indian 
tribes.
    (k) Medical document, documentation, or record means any 
contemporaneous record of any physician, hospital, clinic, or other 
certified or licensed health care provider, or any other records 
routinely and reasonably relied on by physicians in making a diagnosis.
    (l) Onset or incidence of a specified compensable disease means the 
date a physician first diagnosed the disease.
    (m) Parent means the natural or adoptive father or mother of the 
claimant.
    (n) Program or Radiation Exposure Compensation Program means the 
component of the Constitutional and Specialized Tort Litigation Section 
of the Torts Branch of the Civil Division of the United States 
Department of Justice designated by the Attorney General to execute the 
powers, duties, and responsibilities assigned to the Attorney General 
pursuant to pertinent provisions of the Act.
    (o) Spouse means a wife or husband who was married to the claimant 
for a period of at least one (1) year immediately before the death of 
the claimant.
    (p) Trust Fund or Fund means the Radiation Exposure Compensation 
Trust Fund in the Department of the Treasury, administered by the 
Secretary of the Treasury pursuant to section 3 of the Act.


Sec. 79.3  Compensable claim categories under the Act.

    (a) In order to receive a compensation payment, each claimant or 
eligible surviving beneficiary must establish that the claimant meets 
each and every criterion of eligibility for at least one of the 
following compensable categories designated in the Act:
    (1) Claims of leukemia. (i) For persons exposed to fallout from the 
atmospheric detonation of nuclear devices at the Nevada Test Site due 
to their physical presence in an affected area during a designated time 
period, the amount of compensation is $50,000.
    (ii) For persons exposed to fallout from the atmospheric detonation 
of nuclear devices due to their participation onsite in a test 
involving the atmospheric detonation of a nuclear device, the amount of 
compensation is $75,000. The regulations governing these claims are set 
forth in subpart B of this part.
    (2) Claims Related to the Nevada Test Site Fallout. For persons 
exposed to fallout from the atmospheric detonation of nuclear devices 
at the Nevada Test Site due to their physical presence in an affected 
area during a designated time period, the amount of compensation is 
$50,000. The regulations governing these claims are set forth in 
subpart C of this part.
    (3) Claims of Onsite Participants. For persons who contracted 
certain specified diseases after onsite participation in the 
atmospheric detonation of a nuclear device, the amount of compensation 
is $75,000. The regulations governing these claims are set forth in 
subpart D of this part.
    (4) Miners' Claims. For persons who contracted lung cancer or 
certain nonmalignant respiratory diseases after being employed in 
uranium mines located in a specified state during the designated time 
period who were exposed to a specified minimum level of radiation 
during the course of their employment, the amount of compensation is 
$100,000. The regulations governing these claims are set forth in 
subpart E of this part.
    (5) Millers' Claims. For persons who contracted lung cancer, 
certain nonmalignant respiratory diseases, renal cancer, or chronic 
renal disease

[[Page 51425]]

(including nephritis and kidney tubal tissue injury) following 
employment for at least one year (12 consecutive or cumulative months) 
in a uranium mill in a specified state during the designated time 
period, the amount of compensation is $100,000. The regulations 
governing these claims are set forth in subpart F of this part.
    (6) Ore Transporters' Claims. For persons who contracted lung 
cancer, certain nonmalignant respiratory diseases, renal cancer, or 
chronic renal disease (including nephritis and kidney tubal tissue 
injury) following employment for at least one year (12 consecutive or 
cumulative months) as a transporter of uranium ore or vanadium-uranium 
ore from a uranium mine or uranium mill located in a specified state 
during the designated time period, the amount of compensation is 
$100,000. The regulations governing these claims are set forth in 
subpart G of this part.
    (b) Any claim that does not meet all the criteria for at least one 
of these categories, as set forth in these regulations, must be denied.
    (c) All claims for compensation under the Act must comply with the 
claims procedures and requirements set forth in subpart H of this part 
before any payment can be made from the Fund.


Sec. 79.4  Determination of claims and affidavits.

    (a) The claimant or eligible surviving beneficiary or beneficiaries 
bears the burden of providing evidence of the existence of each element 
necessary to establish eligibility under any compensable claim category 
set forth in Sec. 79.3(a).
    (b) In the event that reasonable doubt exists with regard to 
whether a claim meets the requirements of the Act, that doubt shall be 
resolved in favor of the claimant or eligible surviving beneficiary.
    (c) Written affidavits or declarations, subject to penalty for 
perjury, will be accepted only for the following purposes:
    (1) To establish eligibility of family members as set forth in 
Sec. 79.71(e), (f), (g), (h), or (i);
    (2) To establish other compensation received as set forth in 
Sec. 79.75(c) or (d);
    (3) To establish employment in a uranium mill or as an ore 
transporter in the manner set forth in Secs. 79.53(d) and 79.63(d), 
respectively; and
    (4) To substantiate the claimant's uranium mining employment 
history for purposes of determining working level months of radiation 
exposure, in the manner set forth in Sec. 79.43(d), provided the 
affidavit or declaration:
    (i) Is provided in addition to any other material that may be used 
to substantiate the claimant's employment history as set forth in 
Sec. 79.43;
    (ii) Is made subject to penalty for perjury;
    (iii) Attests to the employment history of the claimant; and
    (iv) As made by a person other than the individual filing the 
claim.


Sec. 79.5  Requirements for medical documentation, contemporaneous 
records, and other records or documents.

    (a) All medical documentation, contemporaneous records, and other 
records or documents submitted by a claimant or eligible surviving 
beneficiary to prove any criterion provided for in these regulations 
must be originals, or certified copies of the originals, unless it is 
impossible to obtain an original or certified copy of the original. If 
it is impossible for a claimant to provide an original or certified 
copy of an original, the claimant or eligible surviving beneficiary 
must provide a written statement with the uncertified copy setting 
forth the reason why it is impossible.
    (b) All documents submitted by a claimant or eligible surviving 
beneficiary must bear sufficient indicia of authenticity or a 
sufficient guarantee of trustworthiness. The Program shall not accept 
as proof of any criterion of eligibility any document that does not 
bear sufficient indicia of authenticity, or is in such a physical 
condition, or contains such information, that otherwise indicates the 
record or document is not reliable or trustworthy. When a record or 
document is not accepted by the Program under this section, the 
claimant or eligible surviving beneficiary shall be notified and 
afforded the opportunity to submit additional documentation in 
accordance with Sec. 79.72(b) or (c).
    (c) To establish eligibility the claimant or eligible surviving 
beneficiary may be required to provide additional records to the extent 
they exist. Nothing in the regulations in this section shall be 
construed to limit the Assistant Director's ability to require 
additional documentation.

Subpart B--Eligibility Criteria for Claims Relating to Leukemia


Sec. 79.10  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under section 4(a)(1) of the Act and the 
evidence that will be accepted as proof of the various criteria. 
Section 4(a)(1) of the Act provides for a payment of $50,000 to 
individuals exposed to fallout from the detonation of atmospheric 
nuclear devices at the Nevada Test Site due to their physical presence 
in an affected area during a designated time period, and $75,000 to 
individuals who participated onsite in a test involving the atmospheric 
detonation of a nuclear device and who later developed leukemia.


Sec. 79.11  Definitions.

    (a) Affected area means one of the following geographical areas, as 
they were recognized by the state in which they are located, as of July 
10, 2000:
    (1) In the State of Utah, the counties of Beaver, Garfield, Iron, 
Kane, Millard, Piute, San Juan, Sevier, Washington, and Wayne;
    (2) In the State of Nevada, the counties of Eureka, Lander, 
Lincoln, Nye, White Pine, and that portion of Clark County that 
consists of townships 13 through 16 at ranges 63 through 71;
    (3) In the State of Arizona, the counties of Coconino, Yavapai, 
Navajo, Apache, and Gila.
    (b) Atmospheric detonation of a nuclear device means only a test 
conducted by the United States prior to January 1, 1963, as listed in 
Sec. 79.31(f).
    (c) Designated time period means the period beginning on January 
21, 1951, and ending on October 31, 1958, or the period beginning on 
June 30, 1962, and ending on July 31, 1962, whichever is applicable.
    (d) First exposure or initial exposure means the date on which the 
claimant was first physically present in the affected area during the 
designated time period, or the date on which the claimant first 
participated onsite in an atmospheric nuclear test, whichever is 
applicable.
    (e) Leukemia means any medically recognized form of acute or 
chronic leukemia other than chronic lymphocytic leukemia.
    (f) Onsite means physical presence above or within the official 
boundaries of any of the following locations:
    (1) The Nevada Test Site (NTS), Nevada;
    (2) The Pacific Test Sites (Bikini Atoll, Enewetak Atoll, Johnston 
Island, Christmas Island, the test site for the shot during Operation 
Wigwam, the test site for Shot Yucca during Operation Hardtack I, and 
the test sites for Shot Frigate Bird and Shot Swordfish during 
Operation Dominic I) and the official zone around each site from which 
non-test affiliated ships were excluded for security and safety 
purposes;
    (3) The Trinity Test Site (TTS), New Mexico;
    (4) The South Atlantic Test Site for Operation Argus and the 
official zone

[[Page 51426]]

around the site from which non-test affiliated ships were excluded for 
security and safety purposes;
    (5) Any designated location within a Naval Shipyard, Air Force 
Base, or other official government installation where ships, aircraft, 
or other equipment used in an atmospheric nuclear detonation were 
decontaminated; or
    (6) Any designated location used for the purpose of monitoring 
fallout from an atmospheric nuclear test conducted at the Nevada Test 
Site.
    (g) Participant means an individual
    (1) Who was:
    (i) A member of the armed forces;
    (ii) A civilian employee or contract employee of the Manhattan 
Engineer District, the Armed Forces Special Weapons Project, the 
Defense Atomic Support Agency, the Defense Nuclear Agency, or the 
Department of Defense or its components or agencies or predecessor 
components or agencies;
    (iii) An employee or contract employee of the Atomic Energy 
Commission, the Energy Research and Development Administration, or the 
Department of Energy;
    (iv) A member of the Federal Civil Defense Administration or the 
Office of Civil and Defense Mobilization; or
    (v) A member of the United States Public Health Service; and
    (2) Who:
    (i) Performed duties within the identified operational area around 
each atmospheric nuclear test;
    (ii) Participated in the decontamination of any ships, planes, or 
equipment used during the atmospheric nuclear test;
    (iii) Performed duties as a cloud tracker or cloud sampler;
    (iv) Served as a member of the garrison or maintenance forces on 
the atoll of Enewetak between June 21, 1951, and July 1, 1952; between 
August 7, 1956, and August 7, 1957; or between November 1, 1958, and 
April 30, 1959; or
    (v) Performed duties as a member of a mobile radiological safety 
team monitoring the pattern of fallout from an atmospheric nuclear 
test.
    (h) Period of atmospheric nuclear testing means any of the periods 
associated with each test operation specified in Sec. 79.31(f), plus an 
additional six-month period thereafter.
    (i) Physically present (or physical presence) means present (or 
presence) for a substantial period of each day.


Sec. 79.12  Criteria for eligibility.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a)(1) That the claimant was physically present at any place within 
the affected area for a period of at least one year (12 consecutive or 
cumulative months) during the period beginning on January 21, 1951, and 
ending on October 31, 1958;
    (2) That the claimant was physically present at any place within 
the affected area for the entire, continuous period beginning on June 
30, 1962, and ending on July 31, 1962; or
    (3) That the claimant was present onsite at any time during a 
period of atmospheric nuclear testing and was a participant during that 
period in the atmospheric detonation of a nuclear device;
    (b) That after such period of physical presence or onsite 
participation the claimant contracted leukemia;
    (c) That the claimant's initial exposure occurred prior to age 21; 
and
    (d) The onset of the leukemia occurred more than two years after 
the date of the claimant's first exposure to fallout.


Sec. 79.13  Proof of physical presence for the requisite period and 
proof of participation onsite during a period of atmospheric nuclear 
testing.

    (a) Proof of physical presence may be made by the submission of any 
trustworthy contemporaneous records that, on their face or in 
conjunction with other such records, establish that the claimant was 
present in the affected area for the requisite period during the 
designated time period. Examples of such records include:
    (1) Records of the federal government (including verified 
information submitted for a security clearance), any tribal government, 
or any state, county, city or local governmental office, agency, 
department, board or other entity, or other public office or agency;
    (2) Records of any accredited public or private educational 
institution;
    (3) Records of any private utility licensed or otherwise approved 
by any governmental entity, including any such utility providing 
telephone services;
    (4) Records of any public or private library;
    (5) Records of any state or local historical society;
    (6) Records of any religious organization that has tax-exempt 
status under section 501(c)(3) of the United States Internal Revenue 
Code;
    (7) Records of any regularly conducted business activity or entity;
    (8) Records of any recognized civic or fraternal association or 
organization; and
    (9) Medical records created during the designated time period.
    (b) Proof of physical presence by contemporaneous records may also 
be made by submission of original postcards and envelopes from letters 
(not copies) addressed to the claimant or an immediate family member 
during the designated time period that bear a postmark and a cancelled 
stamp(s).
    (c) The Program will presume that an individual who resided or was 
employed on a full-time basis within the affected area was physically 
present during the time period of residence or full-time employment.
    (d) For purposes of establishing eligibility under 
Sec. 79.12(a)(1), the Program will presume that proof of a claimant's 
residence at one or more addresses or proof of full-time employment at 
one location within the affected area on any two dates less than three 
years apart during the period beginning on January 21, 1951, and ending 
on October 31, 1958, establishes the claimant's presence within the 
affected area for the period between the two dates reflected in the 
documentation submitted as proof of presence.
    (e) For purposes of establishing eligibility under 
Sec. 79.12(a)(1), the Program will presume that proof of residence at 
one or more addresses or proof of full-time employment at one location 
within the affected area on two dates, one of which is before January 
21, 1951, and another of which is within the specified time period, 
establishes the claimant's presence in the affected area between 
January 21, 1951, and the date within the specified time period, 
provided the dates are not more than three years apart.
    (f) For purposes of establishing eligibility under 
Sec. 79.12(a)(1), the Program will presume that proof of residence at 
one or more addresses or proof of full-time employment at one location 
within the affected area on two dates, one of which is after October 
31, 1958, and another which is within the specified time period, 
establishes the claimant's presence in the affected area between the 
date within the specified time period and October 31, 1958, provided 
the dates are not more than three years apart.
    (g) For purposes of establishing eligibility under 
Sec. 79.12(a)(2), the Program will presume that proof of residence or 
proof of full-time employment within the affected area at least one day 
during the period beginning June 30, 1962, and ending July 31, 1962, 
and proof of residence or proof of full-time employment at the same 
address within six months before June 30, 1962, and six months after 
July 31, 1962, establishes the claimant's

[[Page 51427]]

physical presence for the necessary one-month-and-one-day period.
    (h) For purposes of establishing eligibility under 
Sec. 79.12(a)(2), the Program will presume that proof of residence or 
full-time employment at the same address or location on two separate 
dates at least 14 days apart within the time period beginning June 30, 
1962, and ending July 31, 1962, establishes the claimant's physical 
presence for the necessary one-month-and-one-day period.
    (i) For purposes of establishing eligibility under 
Sec. 79.12(a)(3), the claimant must establish, in accordance with 
Sec. 79.33, that he or she participated onsite in the atmospheric 
detonation of a nuclear device.


Sec. 79.14  Proof of initial exposure prior to age 21.

    (a) Proof of the claimant's date of birth must be established by 
the submission of any of the following:
    (1) Birth certificate;
    (2) Baptismal certificate;
    (3) Tribal records; or
    (4) Hospital records of birth.
    (b) Absent any indication to the contrary, the Program will assume 
that the earliest date within the designated time period indicated on 
any records accepted by the Program as proof of the claimant's physical 
presence in the affected area or participation during a period of 
atmospheric nuclear testing was also the date of initial exposure.


Sec. 79.15  Proof of onset of leukemia more than two years after first 
exposure.

    The Program will presume that the date of onset was the date of 
diagnosis as indicated in the medical documentation accepted by the 
Program as proof of the claimant's leukemia. The date of onset must be 
more than two years after the date of first exposure as determined 
under Sec. 79.14(b).


Sec. 79.16  Proof of medical condition.

    (a) Medical documentation is required in all cases to prove that 
the claimant suffered from or suffers from leukemia. Proof that the 
claimant contracted leukemia must be made either by using the procedure 
outlined in paragraph (b) of this section or submitting the 
documentation required in paragraph (c) of this section.
    (b) If a claimant was diagnosed as having leukemia in one of the 
States of Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, the 
claimant or eligible surviving beneficiary need not submit any medical 
documentation of disease at the time the claim is filed (although 
medical documentation may subsequently be required). Instead, the 
claimant or eligible surviving beneficiary must submit with the claim 
an Authorization To Release Medical and Other Information, valid in the 
state of diagnosis, that authorizes the Program to contact the 
appropriate state cancer or tumor registry. The Program will accept as 
proof of medical condition verification from the state cancer or tumor 
registry that it possesses medical records or abstracts of medical 
records of the claimant that contain a verified diagnosis of one type 
of leukemia. If the designated state does not possess medical records 
or abstracts of medical records that contain a verified diagnosis of 
leukemia, the Radiation Exposure Compensation Program will notify the 
claimant or eligible surviving beneficiary and afford that individual 
the opportunity to submit the medical documentation required in 
paragraph (c) of this section, in accordance with the provisions of 
Sec. 79.72(b).
    (c)(1) Proof that the claimant contracted leukemia may be made by 
the submission of one or more of the following contemporaneous medical 
records provided that the specified document contains an explicit 
statement of diagnosis or such other information or data from which 
appropriate authorities at the National Cancer Institute can make a 
diagnosis of leukemia to a reasonable degree of medical certainty:
    (i) Bone marrow biopsy or aspirate report;
    (ii) Peripheral white blood cell differential count report;
    (iii) Autopsy report;
    (iv) Hospital discharge summary;
    (v) Physician summary;
    (vi) History and physical report; or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (2) If the medical record submitted does not contain sufficient 
information or data to make such a diagnosis, the Program will notify 
the claimant or eligible surviving beneficiary and afford that 
individual the opportunity to submit additional medical records 
identified in this paragraph, in accordance with the provisions of 
Sec. 79.72(b). Any such additional medical documentation submitted must 
also contain sufficient information from which appropriate authorities 
at the National Cancer Institute can determine the type of leukemia 
contracted by the claimant.

Subpart C--Eligibility Criteria for Claims Relating to Certain 
Specified Diseases in an Affected Area


Sec. 79.20  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under sections 4(a)(2) (A) and (B) of the 
Act and the evidence that will be accepted as proof of the various 
criteria. Sections 4(a)(2) (A) and (B) of the Act provide for a payment 
of $50,000 to individuals who were exposed to fallout from the 
atmospheric detonation of nuclear devices at the Nevada Test Site due 
to their physical presence in an affected area during a designated time 
period and who later developed one or more specified compensable 
diseases.


Sec. 79.21  Definitions.

    (a) The definitions listed in Sec. 79.11 (a) through (e) and (i) 
apply to this subpart.
    (b) Indication of disease means any medically significant 
information that suggests the presence of a disease, whether or not the 
presence of the disease is later confirmed.
    (c) Leukemia, lung cancer, in situ lung cancer, multiple myeloma, 
lymphomas, Hodgkin's disease, primary cancer of the thyroid, primary 
cancer of the male breast, primary cancer of the female breast, primary 
cancer of the esophagus, primary cancer of the stomach, primary cancer 
of the pharynx, primary cancer of the small intestine, primary cancer 
of the pancreas, primary cancer of the bile ducts, primary cancer of 
the gallbladder, primary cancer of the salivary gland, primary cancer 
of the urinary bladder, primary cancer of the brain, primary cancer of 
the colon, primary cancer of the ovary, and primary cancer of the liver 
mean the physiological conditions that are recognized by the National 
Cancer Institute under those names or nomenclature, or under any 
previously accepted or commonly used names or nomenclature.
    (d) Lung cancer means any physiological condition of the lung, 
trachea, or bronchus that is recognized under that name or nomenclature 
by the National Cancer Institute.
    (e) Specified compensable diseases means leukemia (other than 
chronic lymphocytic leukemia), provided that initial exposure occurred 
after the age of 20 and that the onset of the disease was at least two 
years after first exposure, lung cancer (other than in situ lung cancer 
that is discovered during or after a postmortem exam), and the 
following diseases, provided onset was at least five years after first 
exposure: multiple myeloma; lymphomas (other than

[[Page 51428]]

Hodgkin's disease); and primary cancer of the thyroid, male or female 
breast, esophagus, stomach, pharynx, small intestine, pancreas, bile 
ducts, gallbladder, salivary gland, urinary bladder, brain, colon, 
ovary, or liver (except if cirrhosis or hepatitis B is indicated).


Sec. 79.22  Criteria for eligibility.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a)(1) That the claimant was physically present at any place within 
the affected area for a period of at least two years (24 consecutive or 
cumulative months) during the period beginning on January 21, 1951, and 
ending on October 31, 1958; or
    (2) That the claimant was physically present at any place within 
the affected area for the entire, continuous period beginning on June 
30, 1962, and ending on July 31, 1962; and
    (b) That after such period of physical presence the claimant 
contracted one of the following specified compensable diseases:
    (1) Leukemia (other than chronic lymphocytic leukemia), provided 
that:
    (i) The claimant's initial exposure occurred after the age of 20; 
and
    (ii) The onset of the disease was at least two years after first 
exposure;
    (2) Lung cancer (other than in situ lung cancer that is discovered 
during or after a post-mortem exam);
    (3) Multiple myeloma, provided onset was at least five years after 
first exposure;
    (4) Lymphomas, other than Hodgkin's disease, provided onset was at 
least five years after first exposure;
    (5) Primary cancer of the thyroid, provided onset was at least five 
years after first exposure;
    (6) Primary cancer of the male or female breast, provided onset was 
at least five years after first exposure;
    (7) Primary cancer of the esophagus, provided onset was at least 
five years after first exposure;
    (8) Primary cancer of the stomach, provided onset was at least five 
years after first exposure;
    (9) Primary cancer of the pharynx, provided onset was at least five 
years after first exposure;
    (10) Primary cancer of the small intestine, provided onset was at 
least five years after first exposure;
    (11) Primary cancer of the pancreas, provided onset was at least 
five years after first exposure;
    (12) Primary cancer of the bile ducts, provided onset was at least 
five years after first exposure;
    (13) Primary cancer of the gallbladder, provided onset was at least 
five years after first exposure;
    (14) Primary cancer of the salivary gland, provided onset was at 
least five years after first exposure;
    (15) Primary cancer of the urinary bladder, provided onset was at 
least five years after first exposure;
    (16) Primary cancer of the brain, provided onset was at least five 
years after first exposure;
    (17) Primary cancer of the colon, provided onset was at least five 
years after first exposure;
    (18) Primary cancer of the ovary, provided onset was at least five 
years after first exposure; or
    (19) Primary cancer of the liver, provided,
    (i) Onset was at least five years after first exposure;
    (ii) There is no indication of the presence of hepatitis B; and
    (iii) There is no indication of the presence of cirrhosis.


Sec. 79.23  Proof of physical presence for the requisite period.

    (a) Proof of physical presence for the requisite period may be made 
in accordance with the provisions of Sec. 79.13 (a) and (b). An 
individual who resided or was employed on a full-time basis within the 
affected area is presumed to have been physically present during the 
time period of residence or full-time employment.
    (b) For purposes of establishing eligibility under 
Sec. 79.22(a)(1), the Program will presume that proof of residence at 
one or more addresses or proof of full-time employment at one location 
within the affected area on any two dates less than three years apart, 
during the period beginning on January 21, 1951, and ending on October 
31, 1958, establishes the claimant's presence within the affected area 
for the period between the two dates reflected in the documentation 
submitted as proof of presence.
    (c) For purposes of establishing eligibility under 
Sec. 79.22(a)(1), the Program will presume that proof of residence at 
one or more addresses or proof of full-time employment at one location 
within the affected area on two dates, one of which is before January 
21, 1951, and another of which is within the specified time period, 
establishes the claimant's presence in the affected area between 
January 21, 1951, and the date within the specified time period, 
provided the dates are not more than three years apart.
    (d) For purposes of establishing eligibility under 
Sec. 79.22(a)(1), the Program will presume that proof of residence at 
one or more addresses or proof of full-time employment at one location 
within the affected area on two dates, one of which is after October 
31, 1958, and another of which is within the specified time period, 
establishes the claimant's presence in the affected area between the 
date within the specified time period and October 31, 1958, provided 
the dates are not more than three years apart.
    (e) For purposes of establishing eligibility under 
Sec. 79.22(a)(2), the Program will apply the presumptions contained in 
Sec. 79.13(g) and (h).


Sec. 79.24  Proof of initial or first exposure after age 20 for claims 
under Sec. 79.22(b)(1).

    (a) Proof of the claimant's date of birth must be established in 
accordance with the provisions of Sec. 79.14(a).
    (b) Absent any indication to the contrary, the Program will presume 
that the earliest date within the designated time period indicated on 
any records accepted by the Program as proof of the claimant's physical 
presence in the affected area was the date of initial or first 
exposure.


Sec. 79.25  Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.

    The date of onset will be the date of diagnosis as indicated in the 
medical documentation accepted by the Radiation Exposure Compensation 
Program as proof of the claimant's specified compensable disease. The 
date of onset must be at least five years after the date of first 
exposure as determined under Sec. 79.24(b). In the case of leukemia, 
the date of onset must be at least two years after the date of first 
exposure.


Sec. 79.26  Proof of medical condition.

    (a) Medical documentation is required in all cases to prove that 
the claimant suffered from or suffers from any specified compensable 
disease. Proof that the claimant contracted a specified compensable 
disease must be made either by using the procedure outlined in 
paragraph (b) of this section or by submitting the documentation 
required in paragraph (c) of this section. (For claims relating to 
primary cancer of the liver, the claimant or eligible surviving 
beneficiary must also submit the additional medical documentation 
prescribed in Sec. 79.27.)
    (b) If a claimant was diagnosed as having one of the specified 
compensable diseases in any of the States of Arizona, Colorado, Nevada, 
New Mexico, Utah or Wyoming, the claimant or eligible surviving 
beneficiary need not submit any medical documentation of disease

[[Page 51429]]

at the time the claim is filed (although medical documentation 
subsequently may be required). Instead, the claimant or eligible 
surviving beneficiary may submit with the claim an Authorization to 
Release Medical and Other Information, valid in the state of diagnosis, 
that authorizes the Program to contact the appropriate state cancer or 
tumor registry. The Program will accept as proof of medical condition 
verification from the state cancer or tumor registry that it possesses 
medical records or abstracts of medical records of the claimant that 
contain a verified diagnosis of one of the specified compensable 
diseases. If the designated state does not possess medical records or 
abstracts of medical records that contain a verified diagnosis of one 
of the specified compensable diseases, the Program will notify the 
claimant or eligible surviving beneficiary and afford that individual 
the opportunity to submit the written medical documentation required in 
paragraph (c) of this section, in accordance with the provisions of 
Sec. 79.72(b).
    (c) Proof that the claimant contracted a specified compensable 
disease may be made by the submission of one or more of the 
contemporaneous medical records listed in this paragraph, provided that 
the specified document contains an explicit statement of diagnosis and 
such other information or data from which the appropriate authorities 
with the National Cancer Institute can make a diagnosis to a reasonable 
degree of medical certainty. If the medical record submitted does not 
contain sufficient information or data to make such a diagnosis, the 
Program will notify the claimant or eligible surviving beneficiary and 
afford that individual the opportunity to submit additional medical 
records identified in this paragraph, in accordance with the provisions 
of Sec. 79.72(b). The medical documentation submitted under this 
section to establish that the claimant contracted leukemia or a 
lymphoma must also contain sufficient information from which the 
appropriate authorities with the National Cancer Institute can 
determine the type of leukemia or lymphoma contracted by the claimant. 
Proof of leukemia shall be made by submitting one or more of the 
documents listed in Sec. 79.16(c).
    (1) Multiple myeloma.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Report of serum electrophoresis;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Hematology summary or consultation report;
    (D) Medical oncology summary or consultation report;
    (E) X-ray report; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (2) Lymphomas.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Hematology consultation or summary report;
    (D) Medical oncology consultation or summary report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.
    (3) Primary cancer of the thyroid.
    (i) Pathology report of tissue biopsy or fine needle aspirate;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary;
    (C) Operative summary report;
    (D) Medical oncology summary or consultation report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.
    (4) Primary cancer of the male or female breast.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary;
    (C) Operative report;
    (D) Medical oncology summary or consultation report;
    (E) Radiotherapy summary or consultation report;
    (iv) Report of mammogram;
    (v) Report of bone scan; or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (5) Primary cancer of the esophagus.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiotherapy report;
    (E) Medical oncology consultation or summary report;
    (v) One of the following radiological studies:
    (A) Esophagram;
    (B) Barium swallow;
    (C) Upper gastrointestinal (GI) series;
    (D) Computerized tomography (CT) scan;
    (E) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (6) Primary cancer of the stomach.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy or gastroscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiotherapy report;
    (E) Medical oncology summary report;
    (v) One of the following radiological studies:
    (A) Barium swallow;
    (B) Upper gastrointestinal (GI) series;
    (C) Computerized tomography (CT) series;
    (D) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (7) Primary cancer of the pharynx.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary;
    (B) Hospital discharge summary;
    (C) Report of otolaryngology examination;
    (D) Radiotherapy summary report;
    (E) Medical oncology summary report;
    (F) Operative report;
    (v) Report of one of the following radiological studies:
    (A) Laryngograms;
    (B) Tomograms of soft tissue and lateral radiographs;
    (C) Computerized tomography (CT) scan;
    (D) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (8) Primary cancer of the small intestine.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Endoscopy report, provided that the examination covered the 
duodenum and parts of the jejunum;

[[Page 51430]]

    (iv) Colonoscopy report, provided that the examination covered the 
distal ileum;
    (v) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary;
    (C) Report of gastroenterology examination;
    (D) Operative report;
    (E) Radiotherapy summary report;
    (F) Medical oncology summary or consultation report;
    (vi) Report of one of the following radiologic studies:
    (A) Upper gastrointestinal (GI) series with small bowel follow-
through;
    (B) Angiography;
    (C) Computerized tomography (CT) scan;
    (D) Magnetic resonance imaging (MRI); or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (9) Primary cancer of the pancreas.
    (i) Pathology report of tissue biopsy or fine needle aspirate;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (iv) Report of one of the following radiographic studies:
    (A) Endoscopic retrograde cholangiopancreatography (ERCP);
    (B) Upper gastrointestinal (GI) series;
    (C) Arteriography of the pancreas;
    (D) Ultrasonography;
    (E) Computerized tomography (CT) scan;
    (F) Magnetic resonance imaging (MRI); or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (10) Primary cancer of the bile ducts.
    (i) Pathology of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Gastroenterology consultation report;
    (E) Medical oncology summary or consultation report;
    (iv) Report of one of the following radiographic studies:
    (A) Ultrasonography;
    (B) Endoscopic retrograde cholangiography;
    (C) Percutaneous cholangiography;
    (D) Computerized tomography (CT) scan;
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (11) Primary cancer of the gallbladder.
    (i) Pathology report of tissue from surgical resection;
    (ii) Autopsy report;
    (iii) Report of one of the following radiological studies:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI);
    (C) Ultrasonography (ultrasound);
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiotherapy report;
    (E) Medical oncology summary or report; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (12) Primary cancer of the liver.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Medical oncology summary report;
    (D) Operative report;
    (E) Gastroenterology report;
    (iv) Report of one of the following radiological studies:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (13) Cancer of the lung.
    (i) Pathology report of tissue biopsy or resection, including, but 
not limited to specimens obtained by any of the following methods:
    (A) Surgical resection;
    (B) Endoscopic endobronchial or transbronchial biopsy;
    (C) Bronchial brushings and washings;
    (D) Pleural fluid cytology;
    (E) Fine needle aspirate;
    (F) Pleural biopsy;
    (G) Sputum cytology;
    (ii) Autopsy report;
    (iii) Report of bronchoscopy, with or without biopsy;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI);
    (C) X-rays of the chest;
    (D) Chest tomograms; or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (14) Primary cancer of the salivary gland.
    (i) Pathology report of tissue biopsy or resection;
    (ii) Autopsy report;
    (iii) Report of otolaryngology or oral maxillofacial examination;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (15) Primary cancer of the urinary bladder.
    (i) Pathology report of tissue biopsy or resection;
    (ii) Autopsy report;
    (iii) Report of cytoscopy, with or without biopsy;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (16) Primary cancer of the brain.

[[Page 51431]]

    (i) Pathology report of tissue biopsy or resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (E) Operative report;
    (iv) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI);
    (C) CT or MRI with enhancement; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (17) Primary cancer of the colon.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Endoscopy report, provided the examination covered the 
duodenum and parts of the jejunum;
    (iv) Colonoscopy report, provided that the examination covered the 
distal ileum;
    (v) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary;
    (C) Report of gastroenterology examination;
    (D) Operative report;
    (E) Radiotherapy summary report;
    (F) Medical oncology summary or consultation report;
    (vi) Report of one of the following radiologic studies:
    (A) Upper gastrointestinal (GI) series with small bowel follow-
through;
    (B) Angiography;
    (C) Computerized tomography (CT) scan;
    (D) Magnetic resonance imaging (MRI); or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (18) Primary cancer of the ovary.
    (i) Pathology report of tissue biopsy or resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report;
    (E) Operative report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.


Sec. 79.27  Indication of the presence of hepatitis B or cirrhosis.

    (a)(1) If the claimant or eligible surviving beneficiary is 
claiming eligibility under this subpart for primary cancer of the 
liver, the claimant or eligible surviving beneficiary must submit, in 
addition to proof of the disease, all medical records listed below from 
any hospital, medical facility, or health care provider that were 
created within the period six months before and six months after the 
date of diagnosis of primary cancer of the liver:
    (i) All history and physical examination reports;
    (ii) All operative and consultation reports;
    (iii) All pathology reports; and
    (iv) All physician, hospital, and health care facility admission 
and discharge summaries.
    (2) In the event that any of the records in paragraph (a)(1) of 
this section no longer exists, the claimant or eligible surviving 
beneficiary must submit a certified statement by the custodian(s) of 
those records to that effect.
    (b) If the medical records listed in paragraph (a) of this section, 
or information possessed by the state cancer or tumor registries, 
indicates the presence of hepatitis B or cirrhosis, the Radiation 
Exposure Compensation Program will notify the claimant or eligible 
surviving beneficiary and afford that individual the opportunity to 
submit other written medical documentation or contemporaneous records 
in accordance with Sec. 79.72(b) to establish that in fact there was no 
hepatitis B or cirrhosis.
    (c) The Program may also require that the claimant or eligible 
surviving beneficiary provide additional medical records or other 
contemporaneous records, or an authorization to release such additional 
medical and contemporaneous records, as may be needed to make a 
determination regarding the indication of the presence of hepatitis B 
or cirrhosis.

Subpart D--Eligibility Criteria for Claims by Onsite Participants


Sec. 79.30  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under section 4(a)(2)(C) of the Act, and 
the evidence that will be accepted as proof of the various criteria. 
Section 4(a)(2)(C) of the Act provides for a payment of $75,000 to 
individuals who participated onsite in the atmospheric detonation of a 
nuclear device and later developed a specified compensable disease.


Sec. 79.31  Definitions.

    (a) The definitions listed in Sec. 79.11(b), (e), (f), (g), and 
(h), and in Sec. 79.21, apply to this subpart.
    (b) Atmospheric detonation of a nuclear device means only a test 
conducted by the United States prior to January 1, 1963, as listed in 
paragraph (d) of this section.
    (c) First exposure or initial exposure means the date on which the 
claimant first participated onsite in an atmospheric nuclear test.
    (d) Period of atmospheric nuclear testing means one of the periods 
listed in this paragraph that are associated with each test operation, 
plus an additional six-month period thereafter:
    (1) For Operation Trinity, the period July 16, 1945, through August 
6, 1945:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Trinity..........................   07/16/45  Trinity Test Site.
------------------------------------------------------------------------

    (2) For Operation Crossroads, the period June 28, 1946, through 
August 31, 1946, for all activities other than the decontamination of 
ships involved in Operation Crossroads; the period of atmospheric 
nuclear testing for the decontamination of ships involved in Operation 
Crossroads shall run from June 28, 1946, through November 30, 1946:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Able.............................   07/01/46  Bikini.
Baker............................   07/25/46  Bikini.
------------------------------------------------------------------------

    (3) For Operation Sandstone, the period April 13, 1948, through May 
20, 1948:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
X-ray............................   04/15/48  Enewetak.
Yoke.............................   05/01/48  Enewetak.
Zebra............................   05/15/48  Enewetak.
------------------------------------------------------------------------

    (4) For Operation Ranger, the period January 27, 1951, through 
February 7, 1951:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Able.............................   01/27/51  Nevada Test Site
                                               (``NTS'').
Baker............................   01/28/51  NTS.
Easy.............................   02/01/51  NTS.
Baker-2..........................   02/02/51  NTS.
Fox..............................   02/06/51  NTS.
------------------------------------------------------------------------

    (5) For Operation Greenhouse, the period April 5, 1951, through 
June 20, 1951, for all activities other than service as a member of the 
garrison or maintenance forces on the atoll of Enewetak between June 
21, 1951, and July 1, 1952; the period of atmospheric

[[Page 51432]]

nuclear testing for service as a member of the garrison or maintenance 
forces on the atoll of Enewetak shall run from April 5, 1951, through 
July 1, 1952:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Dog..............................   04/08/51  Enewetak.
Easy.............................   04/21/51  Enewetak.
George...........................   05/09/51  Enewetak.
Item.............................   05/25/51  Enewetak.
------------------------------------------------------------------------

    (6) For Operation Buster-Jangle, the period October 22, 1951, 
through December 20, 1951:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Able.............................   10/22/51  NTS.
Baker............................   10/28/51  NTS.
Charlie..........................   10/30/51  NTS.
Dog..............................   11/01/51  NTS.
Sugar............................   11/19/51  NTS.
Uncle............................   11/29/51  NTS.
------------------------------------------------------------------------

    (7) For Operation Tumbler-Snapper, the period April 1, 1952, 
through June 20, 1952:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Able.............................   04/01/52  NTS.
Baker............................   04/15/52  NTS.
Charlie..........................   04/22/52  NTS.
Dog..............................   05/01/52  NTS.
Easy.............................   05/07/52  NTS.
Fox..............................   05/25/52  NTS.
George...........................   06/01/52  NTS.
------------------------------------------------------------------------

    (8) For Operation Ivy, the period October 29, 1952, through 
December 31, 1952:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Mike.............................   11/01/52  Enewetak.
King.............................   11/16/52  Enewetak.
------------------------------------------------------------------------

    (9) For Operation Upshot-Knothole, the period March 17, 1953, 
through June 20, 1953:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Annie............................   03/17/53  NTS.
Nancy............................   03/24/53  NTS.
Ruth.............................   03/31/53  NTS.
Dixie............................   04/06/53  NTS.
Ray..............................   04/11/53  NTS.
Badger...........................   04/18/53  NTS.
Simon............................   04/25/53  NTS.
Encore...........................   05/08/53  NTS.
Harry............................   05/19/53  NTS.
Grable...........................   05/25/53  NTS.
Climax...........................   06/04/53  NTS.
------------------------------------------------------------------------

    (10) For Operation Castle, the period February 27, 1954, through 
May 31, 1954:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Bravo............................   03/01/54  Bikini.
Romeo............................   03/27/54  Bikini.
Koon.............................   04/07/54  Bikini.
Union............................   04/26/54  Bikini.
Yankee...........................   05/05/54  Bikini.
Nectar...........................   05/14/54  Enewetak.
------------------------------------------------------------------------

    (11) For Operation Teapot, the period February 18, 1955, through 
June 10, 1955:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Wasp.............................   02/18/55  NTS.
Moth.............................   02/22/55  NTS.
Tesla............................   03/01/55  NTS.
Turk.............................   03/07/55  NTS.
Hornet...........................   03/12/55  NTS.
Bee..............................   03/22/55  NTS.
Ess..............................   03/23/55  NTS.
Apple-1..........................   03/29/55  NTS.
Wasp Prime.......................   03/29/55  NTS.
Ha...............................   04/06/55  NTS.
Post.............................   04/09/55  NTS.
Met..............................   04/15/55  NTS.
Apple-2..........................   05/05/55  NTS.
Zucchini.........................   05/15/55  NTS.
------------------------------------------------------------------------

    (12) For Operation Wigwam, the period May 14, 1955, through May 15, 
1955:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Wigwam...........................   05/14/55  Pacific.
------------------------------------------------------------------------

    (13) For Operation Redwing, the period May 2, 1956, through August 
6, 1956, for all activities other than service as a member of the 
garrison or maintenance forces on the atoll of Enewetak from August 7, 
1956, through August 7, 1957; the period of atmospheric nuclear testing 
for service as a member of the garrison or maintenance forces on the 
atoll of Enewetak shall run from May 2, 1956, through August 7, 1957:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Lacrosse.........................   05/05/56  Enewetak.
Cherokee.........................   05/21/56  Bikini.
Zuni.............................   05/28/56  Bikini.
Yuma.............................   05/28/56  Enewetak.
Erie.............................   05/31/56  Enewetak.
Seminole.........................   06/06/56  Enewetak.
Flathead.........................   06/12/56  Bikini.
Blackfoot........................   06/12/56  Enewetak.
Kickapoo.........................   06/14/56  Enewetak.
Osage............................   06/16/56  Enewetak.
Inca.............................   06/22/56  Enewetak.
Dakota...........................   06/26/56  Bikini.
Mohawk...........................   07/03/56  Enewetak.
Apache...........................   07/09/56  Enewetak.
Navajo...........................   07/11/56  Bikini.
Tewa.............................   07/21/56  Bikini.
Huron............................   07/22/56  Enewetak.
------------------------------------------------------------------------

    (14) For Operation Plumbbob, the period May 28, 1957, through 
October 22, 1957:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Boltzmann........................   05/28/57  NTS.
Franklin.........................   06/02/57  NTS.
Lassen...........................   06/05/57  NTS.
Wilson...........................   06/18/57  NTS.
Priscilla........................   06/24/57  NTS.
Hood.............................   07/05/57  NTS.
Diablo...........................   07/15/57  NTS.
John.............................   07/19/57  NTS.
Kepler...........................   07/24/57  NTS.
Owens............................   07/25/57  NTS.
Stokes...........................   08/07/57  NTS.
Shasta...........................   08/18/57  NTS.
Doppler..........................   08/23/57  NTS.
Franklin Prime...................   08/30/57  NTS.
Smoky............................   08/31/57  NTS.
Galileo..........................   09/02/57  NTS.
Wheeler..........................   09/06/57  NTS.
Laplace..........................   09/08/57  NTS.
Fizeau...........................   09/14/57  NTS.
Newton...........................   09/16/57  NTS.
Whitney..........................   09/23/57  NTS.
Charleston.......................   09/28/57  NTS.
Morgan...........................   10/07/57  NTS.
------------------------------------------------------------------------

    (15) For Operation Hardtack I, the period April 26, 1958, through 
October 31, 1958, for all activities other than service as a member of 
the garrison or maintenance forces on the atoll of Enewetak from 
November 1, 1958, through April 30, 1959; the period of atmospheric 
nuclear testing for service as a member of the garrison of maintenance 
forces on the atoll of Enewetak shall run from April 26, 1958, through 
April 30, 1959:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Yucca............................   04/28/58  Pacific.
Cactus...........................   05/06/58  Enewetak.
Fir..............................   05/12/58  Bikini.
Butternut........................   05/12/58  Enewetak.
Koa..............................   05/13/58  Enewetak.
Wahoo............................   05/16/58  Enewetak.
Holly............................   05/21/58  Enewetak.
Nutmeg...........................   05/22/58  Bikini.
Yellowwood.......................   05/26/58  Enewetak.
Magnolia.........................   05/27/58  Enewetak.
Tobacco..........................   05/30/58  Enewetak.
Sycamore.........................   05/31/58  Bikini.
Rose.............................   06/03/58  Enewetak.
Umbrella.........................   06/09/58  Enewetak.
Maple............................   06/11/58  Bikini.
Aspen............................   06/15/58  Bikini.
Walnut...........................   06/15/58  Enewetak.
Linden...........................   06/18/58  Enewetak.
Redwood..........................   06/28/58  Bikini.
Elder............................   06/28/58  Enewetak.
Oak..............................   06/29/58  Enewetak.
Hickory..........................   06/29/58  Bikini.
Sequoia..........................   07/02/58  Enewetak.
Cedar............................   07/03/58  Bikini.
Dogwood..........................   07/06/58  Enewetak.
Poplar...........................   07/12/58  Bikini.
Scaevola.........................   07/14/58  Enewetak.
Pisonia..........................   07/18/58  Enewetak.
Juniper..........................   07/22/58  Bikini.
Olive............................   07/23/58  Enewetak.
Pine.............................   07/27/58  Enewetak.
Teak.............................   07/31/58  Johnston Isl.
Qunice...........................   08/06/58  Enewetak.

[[Page 51433]]

 
Orange...........................   08/11/58  Johnston Isl.
Fig..............................   08/18/58  Enewetak.
------------------------------------------------------------------------

    (16) For Operation Argus, the period August 25, 1958, through 
September 10, 1958:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Argus I..........................   08/27/58  South Atlantic.
Argus II.........................   08/30/58  South Atlantic.
Argus III........................   09/06/58  South Atlantic.
------------------------------------------------------------------------

    (17) For Operation Hardtack II, the period September 19, 1958, 
through October 31, 1958:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Eddy.............................   09/19/58  NTS.
Mora.............................   09/29/58  NTS.
Quay.............................   10/10/58  NTS.
Lea..............................   10/13/58  NTS.
Hamilton.........................   10/15/58  NTS.
Dona Ana.........................   10/16/58  NTS.
Rio Arriba.......................   10/18/58  NTS.
Socorro..........................   10/22/58  NTS.
Wrangell.........................   10/22/58  NTS.
Rushmore.........................   10/22/58  NTS
Sanford..........................   10/26/58  NTS.
De Baca..........................   10/26/58  NTS.
Humboldt.........................   10/29/58  NTS
Mazama...........................   10/29/58  NTS.
Santa Fe.........................   10/30/58  NTS.
------------------------------------------------------------------------

    (18) For Operation Dominic I, the period April 23, 1962, through 
December 31, 1962:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Adobe............................   04/25/62  Christmas Isl.
Aztec............................   04/27/62  Christmas Isl.
Arkansas.........................   05/02/62  Christmas Isl.
Questa...........................   05/04/62  Christmas Isl.
Frigate Bird.....................   05/06/62  Pacific.
Yukon............................   05/08/62  Christmas Isl.
Mesilla..........................   05/09/62  Christmas Isl.
Muskegon.........................   05/11/62  Christmas Isl.
Swordfish........................   05/11/62  Pacific.
Encino...........................   05/12/62  Christmas Isl.
Swanee...........................   05/14/62  Christmas Isl.
Chetco...........................   05/19/62  Christmas Isl.
Tanana...........................   05/25/62  Christmas Isl.
Nambe............................   05/27/62  Christmas Isl.
Alma.............................   06/08/62  Christmas Isl.
Truckee..........................   06/09/62  Christmas Isl.
Yeso.............................   06/10/62  Christmas Isl.
Harlem...........................   06/12/62  Christmas Isl
Rinconada........................   06/15/62  Christmas Isl.
Dulce............................   06/17/62  Christmas Isl.
Petit............................   06/19/62  Christmas Isl.
Otowi............................   06/22/62  Christmas Isl.
Bighorn..........................   06/27/62  Christmas Isl.
Bluestone........................   06/30/62  Christmas Isl.
Starfish.........................   07/08/62  Johnston Isl.
Sunset...........................   07/10/62  Christmas Isl.
Pamlico..........................   07/11/62  Christmas Isl.
Androscoggin.....................   10/02/62  Johnston Isl.
Bumping..........................   10/06/62  Johnston Isl.
Chama............................   10/18/62  Johnston Isl.
Checkmate........................   10/19/62  Johnston Isl.
Bluegill.........................   10/25/62  Johnston Isl.
Calamity.........................   10/27/62  Johnston Isl.
Housatonic.......................   10/30/62  Johnston Isl.
Kingfish.........................   11/01/62  Johnston Isl.
Tightrope........................   11/03/62  Johnston Isl.
------------------------------------------------------------------------

    (19) For Operation Dominic II, the period July 7, 1962, through 
August 15, 1962:

------------------------------------------------------------------------
            Event name                Date             Location
------------------------------------------------------------------------
Little Feller II.................   07/07/62  NTS.
Johnie Boy.......................   07/11/62  NTS.
Small Boy........................   07/14/62  NTS.
Little Feller I..................   07/17/62  NTS.
------------------------------------------------------------------------

    (20) For Operation Plowshare, the period July 6, 1962, through July 
7, 1962, covering Project Sedan.


Sec. 79.32  Criteria for eligibility.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a) That the claimant was present onsite at any time during a 
period of atmospheric nuclear testing;
    (b) That the claimant was a participant during that period in the 
atmospheric detonation of a nuclear device; and
    (c) That after such participation, the claimant contracted a 
specified compensable disease as set forth in Sec. 79.22(b).


Sec. 79.33  Proof of participation onsite during a period of 
atmospheric nuclear testing.

    (a) Claimants associated with the Department of Defense (DoD) 
Components or DoD contractors. (1) A claimant or eligible surviving 
beneficiary who alleges that the claimant was present onsite during a 
period of atmospheric nuclear testing as a member of the armed forces 
or an employee or contractor employee of the DoD, or any of its 
components or agencies, must submit the following information on the 
claim form:
    (i) The claimant's name;
    (ii) The claimant's military service number;
    (iii) The claimant's social security number;
    (iv) The site at which the claimant participated in an atmospheric 
nuclear test;
    (v) The name or number of the claimant's military organization or 
unit assignment at the time of his or her onsite participation;
    (vi) The dates of the claimant's assignment onsite; and
    (vii) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not submit any additional documentation of onsite participation 
during an atmospheric nuclear test at the time the claim is filed; 
however, additional documentation may be required as set forth in 
paragraph (a)(3) of this section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (a)(1) of this section, the 
Radiation Exposure Compensation Program will forward the information to 
the DoD and request that the DoD conduct a search of its records for 
the purpose of gathering facts relating to the claimant's presence 
onsite and participation in an atmospheric nuclear test. If the facts 
gathered by the DoD are insufficient to establish the eligibility 
criteria in Sec. 79.32 of these regulations, the claimant or eligible 
surviving beneficiary will be notified and afforded the opportunity to 
submit military, government, or business records in accordance with the 
procedure set forth in Sec. 79.72(c).
    (b) Claimants Associated with the Atomic Energy Commission (AEC) or 
the Department of Energy (DOE), or Who Were Members of the Federal 
Civil Defense Administration or the Office of Civil and Defense 
Mobilization. (1) A claimant or eligible surviving beneficiary who 
alleges that the claimant was present onsite during an atmospheric 
nuclear test as an employee of the AEC, the DOE or any of their 
components, agencies or offices, or as an employee of a contractor of 
the AEC, or DOE, or as a member of the Federal Civil Defense or the 
Office of Civil and Defense Mobilization, must submit the following 
information on the claim form:
    (i) The claimant's name;
    (ii) The claimant's social security number;
    (iii) The site at which the claimant participated in an atmospheric 
nuclear test;
    (iv) The name or other identifying information associated with the 
claimant's organization, unit, assignment, or employer at the time of 
the claimant's participation onsite;
    (v) The dates of the claimant's assignment onsite; and
    (vi) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not at the time the claim is filed submit any additional 
documentation demonstrating the claimant's presence

[[Page 51434]]

onsite during an atmospheric nuclear test; however, additional 
documentation may be thereafter be required as set forth in paragraph 
(b)(3) of this section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (b)(1) of this section, the 
Radiation Exposure Compensation Program will forward the information to 
the Nevada Field Office of the Department of Energy (DOE/NV) and 
request that the DOE conduct a search of its records for the purpose of 
gathering facts relating to the claimant's presence onsite and 
participation in an atmospheric nuclear test. If the facts gathered by 
the DOE/NV are insufficient to establish the eligibility criteria in 
Sec. 79.32 of these regulations, the claimant or eligible surviving 
beneficiary will be notified and afforded the opportunity to submit 
military, government, or business records in accordance with the 
procedure set forth in Sec. 79.72(c).


Sec. 79.34  Proof of medical condition.

    Proof of medical condition under this subpart will be made in the 
same manner, and according to the same procedures and limitations, as 
are set forth in Sec. 79.16 and Sec. 79.26.


Sec. 79.35  Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.

    Absent any indication to the contrary, the earliest date of onsite 
participation indicated on any records accepted by the Radiation 
Exposure Compensation Program as proof of the claimant's onsite 
participation will be presumed to be the date of first or initial 
exposure. The date of onset will be the date of diagnosis as indicated 
on the medical documentation accepted by the Radiation Exposure 
Compensation Program as proof of the specified compensable disease. 
Proof of the onset of leukemia shall be established in accordance with 
Sec. 79.15.


Sec. 79.36  Indication of the presence of hepatitis B or cirrhosis.

    Possible indication of hepatitis B or cirrhosis will be determined 
in accordance with the provisions of Sec. 79.27.

Subparts E-G [Reserved]

Subpart H--Procedures


Sec. 79.70  Attorney General's delegation of authority.

    (a) An Assistant Director within the Constitutional and Specialized 
Tort Staff, Torts Branch, Civil Division, shall be assigned to manage 
the Radiation Exposure Compensation Program and issue a decision on 
each claim filed under the Act, and otherwise act on behalf of the 
Attorney General in all other matters relating to the administration of 
the Program, except for rulemaking authority. The Assistant Director 
may delegate any of his or her responsibilities under these regulations 
to an attorney working under the supervision of the Assistant Director.
    (b) The Assistant Attorney General, Civil Division, or the official 
designated by him to act on his behalf (the Appeals Officer), shall act 
on appeals from the Assistant Director's decisions.


Sec. 79.71  Filing of claims.

    (a) All claims for compensation under the Act must be in writing 
and submitted on a standard form designated by the Assistant Director 
for the filing of compensation claims. Except as specifically provided 
in these regulations, the claimant or eligible surviving beneficiary 
must furnish the medical documentation required by these regulations 
with his or her standard form. Except as specifically provided in these 
regulations, the claimant or eligible surviving beneficiary must also 
provide with the standard form any records establishing his or her 
physical presence in an affected area, onsite participation, employment 
in a uranium mine or mill, or employment as an ore transporter, in 
accordance with these regulations. The standard form must be completed, 
signed under oath either by a person eligible to file a claim under the 
Act or by that person's legal guardian, and mailed with supporting 
documentation to the following address: Radiation Exposure Compensation 
Program, U.S. Department of Justice, P.O. Box 146, Ben Franklin 
Station, Washington, DC 20044-0146. Copies of the standard form, as 
well as the regulations, guidelines, and other information, may be 
obtained by requesting the document or publications from the Assistant 
Director at the address indicated above or by accessing the Program's 
website at www.usdoj.gov/reca.
    (b) The Assistant Director will file a claim after receipt of the 
standard form with supporting documentation and examination for 
substantial compliance with these regulations. The date of filing shall 
be recorded by a stamp on the face of the standard form. The Assistant 
Director shall file only claims that substantially comply with 
Sec. 79.71(a) of these regulations. If a claim substantially fails to 
comply with the aforementioned section, the Assistant Director shall 
promptly return the claim unfiled to the sender with a statement 
identifying the reason(s) why the claim does not comply with the 
regulations. The sender may return the claim to the Assistant Director 
after correcting the deficiencies. For those cases that are filed, the 
Assistant Director shall promptly acknowledge receipt of the claim with 
a letter identifying the number assigned to the claim, the date the 
claim was filed, and the period within which the Assistant Director 
must act on the claim.
    (c) The following persons or their legal guardians are eligible to 
file claims for compensation under the Act in the order listed below:
    (1) The claimant;
    (2) If the claimant is deceased, the spouse of the claimant;
    (3) If there is no surviving spouse, a child of the claimant;
    (4) If there is no surviving spouse or child, a parent of the 
claimant;
    (5) If there is no surviving spouse, child or parent, a grandchild 
of the claimant; or
    (6) If there is no surviving spouse, child, parent or grandchild, a 
grandparent of the claimant.
    (7) Only the above-mentioned beneficiaries are eligible to file a 
claim on behalf of the claimant.
    (d) The identity of the claimant must be established by submitting 
a birth certificate or one of the documents identified in Sec. 79.14(a) 
of these regulations when the person has no birth certificate. 
Additionally, documentation demonstrating any and all name changes must 
be provided.
    (e) (1) The spouse of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the following documents to establish a marriage to the 
claimant:
    (A) The public record of marriage;
    (B) A certificate of marriage;
    (C) The religious record of marriage; or
    (D) A judicial or other governmental determination that a valid 
marriage existed, such as the final opinion or order of a probate court 
or a determination of the Social Security Administration that the 
claimant is the spouse of the decedent;
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable); and
    (v) An affidavit (or declaration under oath on the standard claim 
form) stating that the spouse was married to the claimant for at least 
one year

[[Page 51435]]

immediately prior to the claimant's death.
    (2) If the spouse is a member of an Indian Tribe, he or she need 
not provide any of the documents listed in paragraph (e)(1) of this 
section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of marriage, 
relationship, or survivorship, the Assistant Director shall, to the 
maximum extent practicable, take into consideration and give effect to 
established law, tradition, and custom of the particular affected 
Indian tribe.
    (f)(1) A child of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each of the other children of the 
claimant (if applicable);
    (vi) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant; and
    (B) That the claimant had no other children, or, if the claimant 
did have other children, the name of each child, the date and place of 
birth of each child, and the date and place of death or current address 
of each child; and
    (vii) One of the following:
    (A) In the case of a natural child, a birth certificate showing 
that the claimant was the child's parent, or a judicial decree 
identifying the claimant as the child's parent;
    (B) In the case of an adopted child, the judicial decree of 
adoption; or
    (C) In the case of a stepchild, evidence of birth to the spouse of 
the claimant as outlined above, and records reflecting that the 
stepchild lived with the claimant in a regular parent-child 
relationship.
    (2) If the child is a member of an Indian Tribe, he or she need not 
provide any of the documents listed above in paragraph (f)(1) of this 
section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian tribe.
    (g)(1) A parent of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for the other parent(s) (if applicable);
    (vii) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child; and
    (C) The name and address, or date and place of death, of the other 
parent(s) of the claimant; and
    (viii) One of the following:
    (A) In the case of a natural parent, a birth certificate showing 
that the claimant was the parent's child, or a judicial decree 
identifying the claimant as the parent's child; or
    (B) In the case of an adoptive parent, the judicial decree of 
adoption.
    (2) If the parent is a member of an Indian Tribe, he or she need 
not provide any of the documents listed in paragraph (g)(1) of this 
section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian tribe.
    (h)(1) A grandchild of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant;
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each of the other grandchildren of 
the claimant (if applicable);
    (viii) An affidavit (or declaration under oath on the standard 
claim form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) The name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the 
dates and places of death of each parent; and
    (D) That the claimant had no other grandchildren, or, if the 
claimant did have other grandchildren, the name of each grandchild, the 
date and place of birth of each grandchild, and the date and place of 
death or current address of each child; and
    (ix) One of the following:
    (A) In the case of a natural grandchild, a combination of birth 
certificates showing that the claimant was the grandchild's 
grandparent;
    (B) In the case of an adopted grandchild, a combination of judicial 
records and birth certificates showing

[[Page 51436]]

that the claimant was the grandchild's grandparent; or
    (C) In the case of a stepgrandchild, evidence of birth to the 
spouse of the child of the claimant, as outlined above, and records 
reflecting that the stepchild lived with a child of the claimant in a 
regular parent-child relationship.
    (2) If the grandchild is a member of an Indian Tribe, he or she 
need not provide any of the documents listed above in paragraph (h)(1) 
of this section at the time the claim is filed (although these records 
may later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian tribe.
    (i)(1) A grandparent of the claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant,
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each grandchild of the claimant (if 
applicable);
    (viii) A death certificate for each of the other grandparents of 
the claimant (if applicable);
    (ix) An affidavit stating the following:
    (A) That the claimant was never married, or if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the 
dates and places of death of each parent;
    (D) That the claimant had no grandchildren, or, if the claimant did 
have grandchildren, the name of each grandchild, the date and place of 
birth of each grandchild, and the date and place of death of each 
grandchild; and
    (E) The names of all other grandparents of the claimant together 
with the dates and places of birth of each grandparent, and the dates 
and places of death of each other grandparent or the current address of 
each other grandparent; and
    (x) One of the following:
    (A) In the case of a natural grandparent, a combination of birth 
certificates showing that the claimant was the grandparent's 
grandchild;
    (B) In the case of an adoptive grandparent, a combination of 
judicial records showing that the claimant was the grandparent's 
grandchild.
    (2) If the grandparent is a member of an Indian Tribe, he or she 
need not provide any of the documents listed above in paragraph (i)(1) 
of this section at the time the claim is filed (although these records 
may later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian tribe.
    (j) A claim that was filed and denied may be filed again in those 
cases where the claimant or eligible surviving beneficiary obtains 
documentation that he or she did not possess when the claim was filed 
previously and that redresses the deficiency for which the claim was 
denied, including, where applicable, documentation addressing:
    (1) An injury specified in the Act;
    (2) Residency in the affected area;
    (3) Onsite participation in a nuclear test;
    (4) Exposure to 40 WLMs of radiation while employed in a uranium 
mine or mines during the designated time period;
    (5) Employment for one year (12 consecutive or cumulative months) 
as a miller or ore transporter; or
    (6) The identity of the claimant and/or the eligible surviving 
beneficiary.
    (k) A claimant or eligible surviving beneficiary may not refile a 
claim more than two times. Claims filed prior to July 10, 2000, will 
not be included in determining the number of claims filed.


Sec. 79.72  Review and resolution of claims.

    (a) Initial review. The Assistant Director shall conduct an initial 
review of each claim that has been filed to determine whether:
    (1) The person submitting the claim represents that he or she is an 
eligible surviving beneficiary, in those cases where the claimant is 
deceased;
    (2) The medical condition identified in the claim is a disease 
specified in the Act for which the claimant or eligible surviving 
beneficiary could recover compensation;
    (3) For claims submitted under subparts B and C of this part, the 
period or place of physical presence set forth in the claim falls 
within the designated time period or affected areas identified in 
Sec. 79.11;
    (4) For claims submitted under subparts B and D of this part, the 
place and period of onsite participation set forth in the claim falls 
within the places and times set forth in Sec. 79.11 and Sec. 79.31; and
    (5) For claims submitted under subparts E, F, and G of this part, 
the period or place of uranium mining, mill working or ore transporting 
set forth in the claim falls within the designated time period and 
specified states identified in Secs. 79.42, 79.52, and 79.62. If the 
Assistant Director determines from the initial review that any one of 
the applicable criteria is not met, or that any other criterion of the 
regulations is not met, the Assistant Director shall so advise the 
claimant or eligible surviving beneficiary in writing, setting forth 
the reasons for the determination, and allow the claimant or eligible 
surviving beneficiary 60 days from the date of such notification to 
correct any deficiency in the claim. If the claimant or eligible 
surviving beneficiary fails adequately to correct the deficiencies 
within the 60-day period, the Assistant Director shall, without further 
review, issue a Decision denying the claim.
    (b) Review of medical documentation. The Assistant Director will 
examine the medical documentation submitted in support of the claim and 
determine whether it satisfies the criteria for eligibility established 
by the Act and these regulations. The Assistant Director may, for the 
purpose of verifying eligibility, require the claimant or eligible 
surviving beneficiary to provide an authorization to release any 
medical record identified in these regulations. If the Assistant 
Director determines that the documentation does not satisfy the 
criteria for eligibility established by the Act and these regulations, 
the Assistant Director shall so advise the claimant or eligible 
surviving beneficiary in writing, setting forth the reason(s) for the 
determination, and shall allow the claimant or eligible beneficiary 60 
days from the date of notification, or such

[[Page 51437]]

greater period as the Assistant Director permits, to furnish additional 
medical documentation that meets the requirements of the Act and the 
regulations. Where appropriate, the Assistant Director may require the 
claimant or eligible surviving beneficiary to provide an authorization 
to release additional records. If the claimant or eligible beneficiary 
fails, within 60 days or the greater period approved by the Assistant 
Director, to provide sufficient medical documentation or a valid 
release when requested by the Assistant Director, then the Assistant 
Director shall, without further review, issue a Decision denying the 
claim.
    (c) Review of the records. The Assistant Director will examine the 
other records submitted in support of the claim to prove those matters 
set forth in all other sections of the Act and the regulations, and 
will determine whether such records satisfy all other criteria for 
eligibility. For the purposes of verifying such eligibility, the 
Assistant Director may require the claimant or eligible surviving 
beneficiary to provide an authorization to release any record 
identified in these regulations. If the Assistant Director determines 
that the records do not satisfy the criteria for eligibility 
established by the Act and the regulations, the Assistant Director 
shall so advise the claimant or eligible surviving beneficiary in 
writing, setting forth the reasons for the determination, and shall 
provide the claimant or eligible surviving beneficiary 60 days from the 
date of notification, or such greater period as the Assistant Director 
permits, to furnish additional records to satisfy the requirements of 
the Act and the regulations. Where appropriate, the Assistant Director 
may require the claimant or eligible surviving beneficiary to provide 
an authorization to release additional records as an alternative to, or 
in addition to, the claimant or eligible beneficiary furnishing such 
additional records. If the claimant or eligible beneficiary fails, 
within sixty days or the greater period approved by the Assistant 
Director, to provide sufficient records or a valid release when 
requested by the Assistant Director, then the Assistant Director shall, 
without further review, issue a Decision denying the claim.
    (d) Decision. The Assistant Director shall review each claim and 
issue a written Decision on each claim within twelve months of the date 
the claim was filed. The Assistant Director may request from any 
claimant, or from any individual or entity on behalf of the claimant, 
any relevant additional information or documentation necessary to 
complete the determination of eligibility under paragraphs (a), (b), or 
(c) of this section. The period beginning on the date on which the 
Assistant Director makes a request for such additional information or 
documentation and ending on the date on which the claimant or 
individual or entity acting on behalf of the claimant submits that 
information or documentation (or informs the Assistant Director that it 
is not possible to provide that information or that the claimant or 
individual or entity will not provide that information) shall not apply 
to the twelve-month period. Any Decision denying a claim shall set 
forth reason(s) for the denial, shall indicate that the Decision of the 
Assistant Director may be appealed to the Assistant Attorney General, 
Civil Division, in writing within 60 days of the date of the Decision, 
or such greater period as may be permitted by the Assistant Attorney 
General, and shall identify the address to which the appeal should be 
sent.


Sec. 79.73  Appeals procedures.

    (a) An appeal must be in writing and must be received by the 
Radiation Exposure Compensation Program within sixty days of the date 
of the Decision denying the claim, unless a greater period has been 
permitted. Appeals must be sent to the following address: Radiation 
Exposure Compensation Program, Appeal of Decision, U.S. Department of 
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146.
    (b) The claimant or eligible surviving beneficiary must set forth 
in the appeal the reason(s) why he or she believes that the Decision of 
the Assistant Director is incorrect.
    (c) Upon receipt of an appeal, the Radiation Exposure Compensation 
Program shall forward the appeal, the Decision, the claim, and all 
supporting documentation, to the Assistant Attorney General, or to the 
Appeals Officer if one is designated, for action on the appeal. If the 
appeal is not received within the 60-day period, or such greater period 
as may be permitted, the appeal may be denied without further review.
    (d) The Assistant Attorney General or Appeals Officer shall review 
any appeal and other information forwarded by the Program. Within 90 
days after the receipt of an appeal, the Assistant Attorney General or 
Appeals Officer shall issue a Memorandum either affirming or reversing 
the Assistant Director's Decision or, when appropriate, remanding the 
claim to the Assistant Director for further action. The Memorandum 
shall include a statement of the reason(s) for such reversal, 
affirmance, or remand. The Memorandum and all papers relating to the 
claim shall be returned to the Radiation Exposure Compensation Program, 
which shall promptly inform the claimant or eligible surviving 
beneficiary of the action of the Assistant Attorney General or Appeals 
Officer. A Memorandum affirming or reversing the Assistant Director's 
Decision shall be deemed to be the final action of the Department of 
Justice on the claim.
    (e) Before seeking judicial review of a decision denying a claim 
under the Act, an individual must first seek review by the designated 
Appeals Officer. Once the appeals procedures are completed, an 
individual whose claim for compensation under the Act is affirmed on 
appeal may seek judicial review in a district court of the United 
States.


Sec. 79.74  [Reserved]


Sec. 79.75  Procedures for payment of claims.

    (a) Payment shall be made to the claimant or to the legal guardian 
of the claimant, unless the claimant is deceased at the time of the 
payment. In cases involving a claimant who is deceased, payment shall 
be made to an eligible surviving beneficiary or to the legal guardian 
acting on behalf of the eligible surviving beneficiary, in accordance 
with the terms and conditions specified in the Act. Once the Program 
has received the claimant's or eligible surviving beneficiary's 
election to accept the payment, the Assistant Director shall ensure 
that the claim is paid within six weeks. All time frames for processing 
claims under the Act are suspended during periods where the radiation 
Trust Fund is not funded.
    (b) In cases involving the approval of a claim, the Assistant 
Director shall take all necessary and appropriate steps to determine 
the correct amount of any offset to be made to the amount awarded under 
the Act and to verify the identity of the claimant or the existence of 
eligible surviving beneficiaries who are entitled by the Act to receive 
the payment the claimant would have received. The Assistant Director 
may conduct any investigation, and may require any claimant or eligible 
surviving beneficiary to provide or execute any affidavit, record, or 
document or authorize the release of any information the Assistant 
Director deems necessary to ensure that the compensation payment is 
made in the correct amount and to the correct person(s). If the 
claimant or eligible surviving beneficiary fails or refuses to execute 
an affidavit or release of

[[Page 51438]]

information, or to provide a record or document requested, or fails to 
provide access to information, such failure or refusal may be deemed to 
be a rejection of the payment, unless the claimant or eligible 
surviving beneficiary does not have and cannot obtain the legal 
authority to provide, release or authorize access to the required 
information, records or documents.
    (c) Prior to authorizing payment, the Assistant Director shall 
require the claimant or each eligible surviving beneficiary to execute 
and provide an affidavit (or declaration under oath on the standard 
claim form) setting forth the amount of any payment made pursuant to a 
final award or settlement on a claim (other than a claim for worker's 
compensation), against any person, that is based on injuries incurred 
by the claimant on account of:
    (1) Exposure to radiation from atmospheric nuclear testing while 
present in an affected area (as defined in Sec. 79.11(a) of these 
regulations) at any time during the periods described in Sec. 79.11(c) 
of these regulations; or
    (2) Exposure to radiation during employment in a uranium mine, 
during employment as a uranium mill worker or during employment as an 
ore transporter at any time during the period described in section 5 of 
the Act. For purposes of this paragraph, a ``claim'' includes, but is 
not limited to, any request or demand for money made or sought in a 
civil action or made or sought in anticipation of the filing of a civil 
action, but shall not include requests or demands made pursuant to a 
life insurance or health insurance contract. If any such award or 
settlement payment was made, the Assistant Director shall subtract the 
sum of such award or settlement payments from the payment to be made 
under the Act.
    (d) In the case of a claim filed under section 4(a)(1)(A)(i)(III) 
or section 4(a)(2)(C) of the Act, the Assistant Director shall require 
the claimant or each eligible surviving beneficiary to execute and 
provide an affidavit (or declaration under oath on the standard claim 
form) setting forth the amount of any payment made pursuant to a final 
award or settlement on a claim (other than a claim for worker's 
compensation) against any person or any payment made by the Department 
of Veterans Affairs, that is based on injuries incurred by the claimant 
on account of exposure to radiation as a result of onsite participation 
in a test involving the atmospheric detonation of a nuclear device. For 
purposes of this paragraph, a ``claim'' includes, but is not limited 
to, any request or demand for money made or sought in a civil action or 
made or sought in anticipation of a civil action, but shall not include 
requests or demands made pursuant to a life- or health-insurance 
contract.
    (1) Payments by the Department of Veterans Affairs shall include:
    (i) Any disability payments or compensation benefits paid to the 
claimant and his or her dependents while the claimant is alive; and
    (ii) Any Dependency and Indemnity Compensation payments made to 
survivors due to death related to the illness for which the claim under 
the Act is submitted.
    (2) Payments by the Department of Veterans Affairs shall not 
include:
    (i) Active duty pay, retired pay, retainer pay, or payments under 
the Survivor Benefits Plan;
    (ii) Death gratuities;
    (iii) SGLI, VGLI, or mortgage, life or health insurance payments;
    (iv) Burial benefits or reimbursement for burial expenses;
    (v) Loans or loan guarantees;
    (vi) Education benefits and payments;
    (vii) Vocational rehabilitation benefits and payments;
    (viii) Medical, hospital and dental benefits; or
    (ix) Commissary and PX privileges.
    (e) If any such award, settlement, or payment was made as described 
in paragraphs (c) or (d) of this section, the Assistant Director shall 
calculate the actuarial present value of such payment(s), and subtract 
the actuarial present value from the payment to be made under the Act. 
The actuarial present value shall be calculated using the worksheet 
attached as appendix C of this part in the following manner:
    (1) Step 1. Enter the sum of the past payments received in each 
year in the appropriate rows in column (2). Additional rows will be 
added as needed to calculate present value of payments received in the 
years prior to 1960 and after 1990.
    (2) Step 2. Enter the present CPI-U (to be obtained monthly from 
the Bureau of Labor Statistics, Department of Labor) in column (3).
    (3) Step 3. Enter the CPI (Major Expenditure Classes--All Items) 
for each year in which payments were received in the appropriate row in 
column (4). (These measures are provided for 1960 through 1990. The 
measures for subsequent years will be obtained from the Bureau of Labor 
Statistics.)
    (4) Step 4. For each row, multiply the amount in column (2) by the 
corresponding inflator (column (3) divided by column (4)) and enter the 
product in column (5).
    (5) Step 5. Add the products in column (5) and enter the sum on the 
line labeled ``Total of column (5) equals actuarial present value of 
past payments.''
    (6) Step 6. Subtract the total in Step 5 from the statutory payment 
of $75,000 and enter the remainder on the line labeled ``Net Claim Owed 
To Claimant.''
    (f) When the Assistant Director has verified the identity of the 
claimant or each eligible surviving beneficiary who is entitled to the 
compensation payment or to a share of the compensation payment, and has 
determined the correct amount of the payment or the share of the 
payment, he or she shall notify the claimant or each eligible surviving 
beneficiary, or his or her legal guardian, and require such person(s) 
to sign an Acceptance of Payment Form. Such form shall be signed and 
returned within 60 days of the date of the form or such greater period 
as may be allowed by the Assistant Director. Failure to return the 
signed form within the required time may be deemed to be a rejection of 
the payment. Signing and returning the form within the required time 
shall constitute acceptance of the payment, unless the individual who 
has signed the form dies prior to receiving the actual payment, in 
which case the person who possesses the payment shall return it to the 
Assistant Director for redetermination of the correct disbursement of 
the payment.
    (g) Rejected compensation payments or shares of compensation 
payments shall not be distributed to other eligible surviving 
beneficiaries, but shall be returned to the Trust Fund for use in 
paying other claims.
    (h) Upon receipt of the Acceptance of Payment Form, the Assistant 
Director or the Constitutional and Specialized Tort Staff Director or 
Deputy Director, or their designee, shall authorize the appropriate 
authorities to issue a check to the claimant or to each eligible 
surviving beneficiary who has accepted payment out of the funds 
appropriated for this purpose.
    (i) Multiple payments. (1) No claimant may receive payment under 
more than one subpart of these regulations for illnesses that he or she 
contracted. In addition to one payment for his or her illnesses, he or 
she may also receive one payment for each claimant for whom he or she 
qualifies as an eligible surviving beneficiary.
    (2) An eligible surviving beneficiary who is not also a claimant 
may receive one payment for each claimant for whom he or she qualifies 
as an eligible surviving beneficiary.


[[Page 51439]]


    Dated: July 24, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-19221 Filed 8-6-02; 8:45 am]
BILLING CODE 4410-12-P