[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.
[[Page 51424]]
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