cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
146 rows where part_number = 79 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name
part_number 1
- 79 · 146 ✖
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:2.0.1.1.31.1.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | A | Subpart A—General | § 79.1 Purpose. | DOJ | The purpose of the regulations in this part is to implement the Radiation Exposure Compensation Act (“Act”), as amended by the Radiation Exposure Compensation Act Amendments of 2000 (“2000 Amendments”) and by the 21st Century Department of Justice Appropriations Authorization Act (“Appropriations Authorization Act”). The Act 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 § 79.3(a). The procedures established in this part 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. | |||||
| 28:28:2.0.1.1.31.1.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | A | Subpart A—General | § 79.2 General definitions. | DOJ | (a) Act means the Radiation Exposure Compensation Act, Public Law 101-426, as amended by sections 3139 and 3140 of Public Law 101-510, the Radiation Exposure Compensation Act Amendments of 2000, Public Law 106-245 ( see 42 U.S.C. 2210 note), and the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273. (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 a 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 spe… | |||||
| 28:28:2.0.1.1.31.1.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | A | Subpart A—General | § 79.3 Compensable claim categories under the Act. | DOJ | (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 who contracted certain specified diseases after being 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 specified states during the designated time period who were exposed to a specified minimum level of radiation during the course of their employment or worked for at least one year (12 consecutive or cumulative months) in a uranium mine in specified states during the designated time period, the amount of compensation is $100,000. The regulations governing thes… | |||||
| 28:28:2.0.1.1.31.1.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | A | Subpart A—General | § 79.4 Determination of claims and affidavits. | DOJ | (a) The claimant, eligible surviving beneficiary, or beneficiaries bear the burden of providing evidence of the existence of each element necessary to establish eligibility under any compensable claim category set forth in § 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 § 79.71(e), (f), (g), (h), or (i); (2) To establish other compensation received as set forth in § 79.75(c) or (d); (3) To establish employment in a uranium mine, mill or as an ore transporter on the standard claim form in the manner set forth in §§ 79.43(d), 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 by providing the types of information set forth in § 79.43(d), so long as 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 § 79.43; (ii) Is made subject to penalty for perjury; (iii) Attests to the employment history of the claimant; and (iv) Is made by a person other than the individual filing the claim. | |||||
| 28:28:2.0.1.1.31.1.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | A | Subpart A—General | § 79.5 Requirements for medical documentation, contemporaneous records, and other records or documents. | DOJ | (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 this part 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 to provide an original or a certified copy of an original. (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 § 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 this section shall be construed to limit the Assistant Director's (specified in § 79.70(a)) ability to require additional documentation. | |||||
| 28:28:2.0.1.1.31.2.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.10 Scope of subpart. | DOJ | 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 eligibility 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 who later developed leukemia, and $75,000 to individuals who participated onsite in a test involving the atmospheric detonation of a nuclear device and who later developed leukemia. | |||||
| 28:28:2.0.1.1.31.2.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.11 Definitions. | DOJ | (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, Gila, and that part of Arizona that is north of the Grand Canyon. (b) Atmospheric detonation of a nuclear device means only a test conducted by the United States prior to January 1, 1963, as listed in § 79.31(d). (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 detonation of a nuclear device, 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 … | |||||
| 28:28:2.0.1.1.31.2.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.12 Criteria for eligibility for claims relating to leukemia. | DOJ | 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) That the onset of the leukemia occurred more than two years after the date of the claimant's first exposure to fallout. | |||||
| 28:28:2.0.1.1.31.2.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.13 Proof of physical presence for the requisite period and proof of participation onsite during a period of atmospheric nuclear testing. | DOJ | (a) Proof of physical presence may be made by the submission of any trustworthy contemporaneous record that, on its face or in conjunction with other such records, establishes 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; (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 § 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… | |||||
| 28:28:2.0.1.1.31.2.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.14 Proof of initial exposure prior to age 21. | DOJ | (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. | |||||
| 28:28:2.0.1.1.31.2.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.15 Proof of onset of leukemia more than two years after first exposure. | DOJ | 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 § 79.14(b). | |||||
| 28:28:2.0.1.1.31.2.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | B | Subpart B—Eligibility Criteria for Claims Relating to Leukemia | § 79.16 Proof of medical condition. | DOJ | (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 by submitting the documentation required in paragraph (c) of this section. (b) If a claimant was diagnosed as having leukemia in 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 § 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 … | |||||
| 28:28:2.0.1.1.31.3.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.20 Scope of subpart. | DOJ | 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 eligibility 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. | |||||
| 28:28:2.0.1.1.31.3.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.21 Definitions. | DOJ | (a) The definitions listed in § 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, chronic lymphocytic leukemia, 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, primary cancer of the liver, and primary cancer of the lung 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) 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, and the following diseases, provided onset was at least five years after first exposure: multiple myeloma; lymphomas (other than 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, liver (except if cirrhosis or hepatitis B is indicated), or lung. | |||||
| 28:28:2.0.1.1.31.3.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.22 Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area (“downwinders”). | DOJ | 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 occurred at least two years after first exposure; (2) Multiple myeloma, provided onset occurred at least five years after first exposure; (3) Lymphomas, other than Hodgkin's disease, provided onset occurred at least five years after first exposure; (4) Primary cancer of the thyroid, provided onset occurred at least five years after first exposure; (5) Primary cancer of the male or female breast, provided onset occurred at least five years after first exposure; (6) Primary cancer of the esophagus, provided onset occurred at least five years after first exposure; (7) Primary cancer of the stomach, provided onset occurred at least five years after first exposure; (8) Primary cancer of the pharynx, provided onset occurred at least five years after first exposure; (9) Primary cancer of the small intestine, provided onset occurred at least five years after first exposure; (10) Primary cancer of the pancreas, provided onset occurred at least five years after first exposure; (11) Primary cancer of the bile ducts, provided onset occurred at least five years after first exposure; (12) Primary cancer of the gallbladder, provided onset occurred at least five year… | |||||
| 28:28:2.0.1.1.31.3.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.23 Proof of physical presence for the requisite period. | DOJ | (a) Proof of physical presence for the requisite period may be made in accordance with the provisions of § 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 § 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 § 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 § 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 § 79.22(a)(2), the Program will apply the presumptions contained in § 79.13(g) and (h). | |||||
| 28:28:2.0.1.1.31.3.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.24 Proof of initial or first exposure after age 20 for claims under § 79.22(b)(1). | DOJ | (a) Proof of the claimant's date of birth must be established in accordance with the provisions of § 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. | |||||
| 28:28:2.0.1.1.31.3.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 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. | DOJ | 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 § 79.24(b). In the case of leukemia, the date of onset must be at least two years after the date of first exposure. | |||||
| 28:28:2.0.1.1.31.3.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.26 Proof of medical condition. | DOJ | (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 § 79.27.) (b) If a claimant was diagnosed as having one of the specified compensable diseases in 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 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 § 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 … | |||||
| 28:28:2.0.1.1.31.3.1.8 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | C | Subpart C—Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted After Exposure in an Affected Area (“Downwinders”) | § 79.27 Indication of the presence of hepatitis B or cirrhosis. | DOJ | (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 pertaining to the claimant 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 exist, 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 § 79.72(b) to establish that in fact there was no presence of 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. | |||||
| 28:28:2.0.1.1.31.4.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.30 Scope of subpart. | DOJ | 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 eligibility 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. | |||||
| 28:28:2.0.1.1.31.4.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.31 Definitions. | DOJ | (a) The definitions listed in § 79.11(b), (e), (f), (g), and (h), and in § 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 detonation of a nuclear device. (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: (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: (3) For Operation Sandstone, the period April 13, 1948, through May 20, 1948: (4) For Operation Ranger, the period January 27, 1951, through February 7, 1951: (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 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: (6) For Operation Buster-Jangle, the period October 22, 1951, through December 20, 1951: (7) For Operation Tumbler-Snapper, the period April 1, 1952, through June 20, 1952: (8) For Operation Ivy, the period October 29, 1952, through December 31, 1952: (9) For Operation Upshot-Knothole, the period March 17, 1953, through June 20, 1953: (10) For Operation Castle, the period February 27, 1954, through May 31, 1954 (11) For Operat… | |||||
| 28:28:2.0.1.1.31.4.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.32 Criteria for eligibility for claims by onsite participants. | DOJ | 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 § 79.22(b). | |||||
| 28:28:2.0.1.1.31.4.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.33 Proof of participation onsite during a period of atmospheric nuclear testing. | DOJ | (a) Claimants associated with 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 the atmospheric detonation of a nuclear device; (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 the atmospheric detonation of a nuclear device 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 the atmospheric detonation of a nuclear device. If the facts gathered by the DoD are insufficient to establish the eligibility criteria in § 79.32, 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 § 79.72(c). (b) Claimants Associated with the At… | |||||
| 28:28:2.0.1.1.31.4.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.34 Proof of medical condition. | DOJ | 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 § 79.16 and § 79.26. | |||||
| 28:28:2.0.1.1.31.4.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 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. | DOJ | 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 § 79.15. | |||||
| 28:28:2.0.1.1.31.4.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | D | Subpart D—Eligibility Criteria for Claims by Onsite Participants | § 79.36 Indication of the presence of hepatitis B or cirrhosis. | DOJ | Possible indication of hepatitis B or cirrhosis will be determined in accordance with the provisions of § 79.27. | |||||
| 28:28:2.0.1.1.31.5.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.40 Scope of subpart. | DOJ | The regulations in this subpart define the eligibility criteria for compensation under section 5 of the Act pertaining to miners, i.e., uranium mine workers, and the nature of the evidence that will be accepted as proof of the various eligibility criteria. Section 5 of the Act provides for a payment of $100,000 to miners who contracted primary lung cancer or one of a limited number of nonmalignant respiratory diseases following exposure to a defined minimum level of radiation during employment in aboveground or underground uranium mines or following employment for at least one year in aboveground or underground uranium mines in specified states during the period beginning January 1, 1942, and ending December 31, 1971. | |||||
| 28:28:2.0.1.1.31.5.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.41 Definitions. | DOJ | (a) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary hypertension secondary to fibrosis of the lung. (b) Designated time period means the period beginning on January 1, 1942, and ending on December 31, 1971. (c) Employment for at least one year means employment for a total of at least one year (12 consecutive or cumulative months). (d) Fibrosis of the lung or pulmonary fibrosis means chronic inflammation and scarring of the pulmonary interstitium and alveoli with collagen deposition and progressive thickening. (e) Miner or uranium mine worker means a person who operated or otherwise worked in a uranium mine. (f) National Institute for Occupational Safety and Health (NIOSH) certified “B” reader means a physician who is certified as such by NIOSH. A list of certified “B” readers is available from the Radiation Exposure Compensation Program upon request. (g) Nonmalignant respiratory disease means fibrosis of the lung, pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, silicosis, or pneumoconiosis. (h) Pneumoconiosis means a chronic lung disease resulting from inhalation and deposition in the lung of particulate matter, and the tissue reaction to the presence of the particulate matter. For purposes of this subpart, the claimant's exposure to the particulate matter that led to the disease must have occurred during employment in a uranium mine. (i) Primary 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. The term includes in situ lung cancers. (j) Readily available documentation means documents in the possession, custody, or control of the claimant or an immediate family member. (k) Silicosis means a pneumoconiosis due to the inhalation of the dust of stone, sand, flint, or other materials containing silicon dioxide, characterized by the formation of pulmonary fibrotic changes. (l) Specified state means… | |||||
| 28:28:2.0.1.1.31.5.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.42 Criteria for eligibility for claims by miners. | DOJ | To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following: (a) The claimant was employed as a miner in a specified state; (b) The claimant was so employed at any time during the period beginning on January 1, 1942, and ending on December 31, 1971; (c) The claimant was exposed during the course of his or her mining employment to 40 or more working level months of radiation or worked for at least one year in a uranium mine or mines during the period identified in paragraph (b) of this section; and (d) The claimant contracted lung cancer or a nonmalignant respiratory disease following such exposure. | |||||
| 28:28:2.0.1.1.31.5.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.43 Proof of employment as a miner. | DOJ | (a) The Department will accept, as proof of employment for a designated time period, information contained in any of the following records: (1) Records created by or gathered by the Public Health Service (PHS) in the course of any health studies of uranium workers during or including the period 1942-1990; (2) Records of a uranium worker census performed by the PHS at various times during the period 1942-1990; (3) Records of the Atomic Energy Commission (AEC), or any of its successor agencies; and (4) Records of federally supported, health-related studies of uranium workers, including: (i) Studies conducted by Geno Saccamanno, M.D., St. Mary's Hospital, Grand Junction, Colorado; and (ii) Studies conducted by Jonathan Samet, M.D., University of New Mexico School of Medicine. (b) The Program will presume that the employment history for the time period indicated in records listed in paragraph (a) of this section is correct. If the claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may provide one or more of the records identified in paragraph (c) of this section, and the Assistant Director will determine whether the employment history indicated in the records listed in paragraph (a) is correct. (c) If the sources in paragraph (a) of this section do not contain information regarding the claimant's uranium mine employment history, do not contain sufficient information to establish exposure to at least 40 working level months of radiation, do not contain sufficient information to establish uranium mining employment for one year during the period identified in § 79.42(b), or if a claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may submit records from any of the following sources, and the Assistant Director shall consider such records (in addition to any sources listed in paragraph (a) of this section) in order to determine whethe… | |||||
| 28:28:2.0.1.1.31.5.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.44 Proof of working level month exposure to radiation. | DOJ | (a) If one or more of the sources in § 79.43(a) contain a calculated total of working level months (WLMs) of radiation for the claimant equal to or greater than 40 WLMs, then the Program will presume that total to be correct, absent evidence to the contrary, in which case the claimant or eligible surviving beneficiary need not submit additional records. (b) If the sources in § 79.43(a) do not contain a calculated total of WLMs of radiation for the claimant, or contain a calculated total that is less than 40 WLMs, a claimant or eligible surviving beneficiary may submit the following records reflecting a calculated number of WLMs of radiation for periods of employment established under § 79.43(c): (1) Certified copies of records of regulatory agencies of the specified states, provided that the records indicate the mines at which the claimant was employed, the time period of the claimant's employment in each mine, the exposure level in each mine during the claimant's employment, and the calculations on which the claimant's WLMs are based, unless the calculation is apparent; (2) Certified copies of records of the owner or operator of a uranium mine in the specified states, provided that the records indicate the mines at which the claimant was employed, the time period of the claimant's employment in each mine, the exposure level in each mine during the claimant's employment, and the calculations on which the claimant's WLMs are based, unless the calculation is apparent. (c) If the number of WLMs established under paragraphs (a) and (b) of this section is equal to or greater than 40 WLMs of radiation, the claimant or eligible surviving beneficiary need not submit additional records. When the sources referred to in paragraphs (a) and (b) of this section do not establish a calculated number of at least 40 WLMs, the Program will, where possible, calculate additional WLMs in the manner set forth in paragraphs (d) through (g) of this section for the periods of employment for which the sources in paragraphs (a) and (b) … | |||||
| 28:28:2.0.1.1.31.5.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.45 Proof of primary lung cancer. | DOJ | (a) In determining whether a claimant developed primary lung cancer following pertinent employment as a miner, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed primary lung cancer must be supported by medical documentation. To prove that a claimant developed primary lung cancer, the claimant or beneficiary may submit any form of medical documentation specified in paragraph (e) of this section. In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources identified in paragraphs (b), (c), and (d) of this section. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary lung cancer.) (c) If a claimant was diagnosed as having primary lung cancer in Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the claimant or eligible surviving beneficiary submits with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Program to contact the appropriate state cancer or tumor registry, the Program will, where appropriate, request the relevant information from that registry and will review records that it obtains from the registry. (In cases where the claimant is deceased, the Program will accept as proof of medical condition verification from the state cancer or tumor registry that it possesses medical recor… | |||||
| 28:28:2.0.1.1.31.5.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | E | Subpart E—Eligibility Criteria for Claims by Uranium Miners | § 79.46 Proof of nonmalignant respiratory disease. | DOJ | (a) In determining whether a claimant developed a nonmalignant respiratory disease following pertinent employment as a miner, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed a nonmalignant respiratory disease must be supported by medical documentation. In cases where the claimant is deceased, the claimant's beneficiary may submit any form of medical documentation specified in paragraph (d)(1) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). A living claimant must at a minimum submit the medical documentation required in paragraph (d)(3) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources referred to in paragraphs (b) and (c) of this section. With respect to a deceased claimant, the Program will treat as equivalent to a diagnosis of pulmonary fibrosis any diagnosis of “restrictive lung disease” made by a physician employed by the Indian Health Service. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of a nonmalignant respiratory disease. (c) If medical records regarding the claimant were gathered during the course of any federally supported, health-related study of uranium workers and th… | |||||
| 28:28:2.0.1.1.31.6.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.50 Scope of subpart. | DOJ | The regulations in this subpart define the eligibility criteria for compensation under section 5 of the Act pertaining to millers, i.e., uranium mill workers, and the nature of evidence that will be accepted as proof that a claimant satisfies such eligibility criteria. Section 5 of the Act provides for a payment of $100,000 to “millers” who contracted primary lung cancer, one of a limited number of nonmalignant respiratory diseases, primary renal cancer, or chronic renal disease, following employment for at least one year as a uranium mill worker in specified states during the period beginning January 1, 1942, and ending December 31, 1971. | |||||
| 28:28:2.0.1.1.31.6.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.51 Definitions. | DOJ | (a) Chronic renal disease means the chronic, progressive, and irreversible destruction of the nephron. It is exhibited by diminution of renal function. (b) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary hypertension secondary to fibrosis of the lung. (c) Designated time period means the period beginning on January 1, 1942, and ending on December 31, 1971. (d) Employment for at least one year means employment for a total of at least one year (12 consecutive or cumulative months). (e) Fibrosis of the lung or pulmonary fibrosis means chronic inflammation and scarring of the pulmonary interstitium and alveoli with collagen deposition and progressive thickening. (f) Kidney tubal (tubular) tissue injury means structural or functional damage to the kidney tubules that results in renal disease and dysfunction. (g) Miller or uranium mill worker means a person who operated or otherwise worked in a uranium mill. (h) National Institute for Occupational Safety and Health (NIOSH) certified “B” reader means a physician who is certified as such by NIOSH. A list of certified “B” readers is available from the Radiation Exposure Compensation Program upon request. (i) Nephritis means an inflammatory process of the kidneys resulting in chronic renal dysfunction. (j) Nonmalignant respiratory disease means fibrosis of the lung, pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, silicosis, and pneumoconiosis. (k) Pneumoconiosis means a chronic lung disease resulting from inhalation and deposition in the lung of particulate matter, and the tissue reaction to the presence of the particulate matter. For purposes of this subpart, the claimant's exposure to the particulate matter that led to the disease must have occurred during employment in a uranium mill. (l) Primary 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. The t… | |||||
| 28:28:2.0.1.1.31.6.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.52 Criteria for eligibility for claims by uranium millers. | DOJ | To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary of a claimant must establish each of the following: (a) The claimant was employed as a miller in a specified state; (b) The claimant was so employed for at least one year (12 consecutive or cumulative months) during the period beginning on January 1, 1942, and ending on December 31, 1971; and (c) The claimant contracted primary lung cancer, a nonmalignant respiratory disease, primary renal cancer, or chronic renal disease (including nephritis and kidney tubal tissue injury) following at least one year of such employment. | |||||
| 28:28:2.0.1.1.31.6.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.53 Proof of employment as a miller. | DOJ | (a) The Department will accept, as proof of employment for the time period indicated, information contained in any of the following records: (1) Records created by or gathered by the Public Health Service (PHS) in the course of any health studies of uranium workers during or including the period 1942-1990; (2) Records of a uranium worker census performed by the PHS at various times during the period 1942-1990; (3) Records of the Atomic Energy Commission (AEC), or any of its successor agencies; and (4) Records of federally supported, health-related studies of uranium workers. (b) The Program will presume that the employment history for the time period indicated in records listed in paragraph (a) of this section is correct. If the claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may provide one or more of the records identified in paragraph (c) of this section, and the Assistant Director will determine whether the employment history indicated in the records listed in paragraph (a) is correct. (c) If the sources in paragraph (a) of this section do not contain information regarding the claimant's uranium mill employment history, do not contain sufficient information to establish employment for at least one year in a uranium mill during the specified time period to qualify under § 79.52(b), or if a claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may submit records from any of the following sources, which the Assistant Director shall consider (in addition to any sources listed in paragraph (a) of this section) in order to determine whether the claimant has established the requisite employment history: (1) Records of any of the specified states, including records of state regulatory agencies, containing information on uranium mill workers and uranium mills; (2) Records of any business entity that owned or operated a uranium mi… | |||||
| 28:28:2.0.1.1.31.6.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.54 Proof of primary lung cancer. | DOJ | (a) In determining whether a claimant developed primary lung cancer following pertinent employment as a miller, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed primary lung cancer must be supported by medical documentation. To prove that a claimant developed primary lung cancer, the claimant or beneficiary may submit any form of medical documentation specified in paragraph (e) of this section. In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources identified in paragraphs (b), (c) and (d) of this section. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary lung cancer.) (c) If a claimant was diagnosed as having primary lung cancer in Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the claimant or eligible surviving beneficiary submits with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Program to contact the appropriate state cancer or tumor registry, the Program will, where appropriate, request the relevant information from that registry and will review records that it obtains from the registry. (In cases where the claimant is deceased, the Program will accept as proof of medical condition verification from the state cancer or tumor registry that it possesses medical recor… | |||||
| 28:28:2.0.1.1.31.6.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.55 Proof of nonmalignant respiratory disease. | DOJ | (a) In determining whether a claimant developed a nonmalignant respiratory disease following pertinent employment as a miller, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed a nonmalignant respiratory disease must be supported by medical documentation. In cases where the claimant is deceased, the claimant's beneficiary may submit any form of medical documentation specified in paragraph (d)(1) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). A living claimant must at a minimum submit the medical documentation required in paragraph (d)(3) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources referred to in paragraphs (b) and (c) of this section. With respect to a deceased claimant, the Program will treat as equivalent to a diagnosis of pulmonary fibrosis any diagnosis of “restrictive lung disease” made by a physician employed by the Indian Health Service. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of a nonmalignant respiratory disease.) (c) If medical records regarding the claimant were gathered during the course of any federally supported, health-related study of uranium workers, an… | |||||
| 28:28:2.0.1.1.31.6.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.56 Proof of primary renal cancer. | DOJ | (a) In determining whether a claimant developed primary renal cancer following pertinent employment as a miller, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed primary renal cancer must be supported by medical documentation. In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources referred to in paragraphs (b) and (c) of this section. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary renal cancer.) (c) If a claimant was diagnosed as having primary renal cancer in the State of Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the claimant or eligible surviving beneficiary submits with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Program to contact the appropriate state cancer or tumor registry, the Program will, where appropriate, request the relevant information from that registry and will review records that it obtains from the registry. (In cases where the claimant is deceased, 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 primary renal cancer.) (d) If medical records regarding the claimant we… | |||||
| 28:28:2.0.1.1.31.6.1.8 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | F | Subpart F—Eligibility Criteria for Claims by Uranium Millers | § 79.57 Proof of chronic renal disease. | DOJ | (a) In determining whether a claimant developed chronic renal disease following pertinent employment as a miller, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed chronic renal disease must be supported by medical documentation. (b) A claimant or beneficiary may submit any of the following forms of medical documentation in support of a claim that the claimant contracted chronic renal disease. (1) Pathology report of tissue biopsy; (2) If laboratory or radiographic tests exist: (i) Abnormal plasma creatinine values; and (ii) Abnormal glomerular filtration rate (by either measured creatinine or iothalamate clearance or calculated by MDRD equation); and (iii) Renal tubular dysfunction as evidenced by: (A) Glycosuria in the absence of diabetes mellitus; (B) Proteinuria less than one gram daily without other known etiology; or (C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or alkaline phosphaturia or other marker of proximal tubular injury; or (iv) Radiographic evidence of chronic renal disease; (3) Autopsy report; (4) Physician summary report; (5) Hospital discharge summary report; (6) Hospital admitting report; or (7) Death certificate, provided that it is signed by a physician at the time of death. | |||||
| 28:28:2.0.1.1.31.7.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.60 Scope of subpart. | DOJ | The regulations in this subpart define the eligibility criteria for compensation under section 5 of the Act pertaining to uranium or vanadium-uranium ore transporters and the nature of evidence that will be accepted as proof that a claimant satisfies such eligibility criteria. Section 5 of the Act provides for a payment of $100,000 to persons who contracted lung cancer, one of a limited number of nonmalignant respiratory diseases, renal cancer, or chronic renal disease, following employment for at least one year as a transporter of uranium ore or vanadium-uranium ore from a uranium mine or uranium mill located in a specified state during the period beginning January 1, 1942, and ending December 31, 1971. | ||||||
| 28:28:2.0.1.1.31.7.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.61 Definitions. | DOJ | (a) Chronic renal disease means the chronic, progressive, and irreversible destruction of the nephron. It is exhibited by diminution of renal function. (b) Cor pulmonale means heart disease, including hypertrophy of the right ventricle, due to pulmonary hypertension secondary to fibrosis of the lung. (c) Designated time period means the period beginning on January 1, 1942, and ending on December 31, 1971. (d) Employment as an ore transporter means employment involving the transporting or hauling of uranium ore or vanadium-uranium ore from a uranium mine or uranium mill, including the transportation or hauling of ore from an ore buying station, “upgrader,” “concentrator” facility, or pilot plant by means of truck, rail or barge. (e) Employment for at least one year means employment for a total of at least one year (12 consecutive or cumulative months). (f) Fibrosis of the lung or pulmonary fibrosis means chronic inflammation and scarring of the pulmonary interstitium and alveoli with collagen deposition and progressive thickening. (g) Kidney tubal (tubular) tissue injury means structural or functional damage to the kidney tubules that results in renal disease and dysfunction. (h) National Institute for Occupational Safety and Health (NIOSH) certified “B” reader means a physician who is certified as such by NIOSH. A list of certified “B” readers is available from the Radiation Exposure Compensation Program upon request. (i) Nephritis means an inflammatory process of the kidneys resulting in chronic renal dysfunction. (j) Nonmalignant respiratory disease means fibrosis of the lung, pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, silicosis, and pneumoconiosis. (k) Pneumoconiosis means a chronic lung disease resulting from inhalation and deposition in the lung of particulate matter, and the tissue reaction to the presence of the particulate matter. For the purposes of this Act, the claimant's exposure to the particulate matter that led to the disease must have occur… | ||||||
| 28:28:2.0.1.1.31.7.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.62 Criteria for eligibility for claims by ore transporters. | DOJ | To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary of a claimant must establish each of the following: (a) The claimant was employed as an ore transporter in a specified state; (b) The claimant was so employed for at least one year (12 consecutive or cumulative months) during the period beginning on January 1, 1942, and ending on December 31, 1971; and (c) The claimant contracted primary lung cancer, a nonmalignant respiratory disease, primary renal cancer, or chronic renal disease (including nephritis and kidney tubal tissue injury) following at least one year of such employment. | ||||||
| 28:28:2.0.1.1.31.7.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.63 Proof of employment as an ore transporter. | DOJ | (a) The Department will accept, as proof of employment for the time period indicated, information contained in any of the following records: (1) Records created by or gathered by the Public Health Service (PHS) in the course of any health studies of uranium workers during or including the period 1942-1990; (2) Records of a uranium worker census performed by the PHS at various times during the period 1942-1990; (3) Records of the Atomic Energy Commission (AEC), or any of its successor agencies; and (4) Records of federally supported, health-related studies of uranium workers. (b) The employment history for the time period indicated in such records will be presumed to be correct. If the claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may provide one or more of the records identified in paragraph (c) of this section, and the Assistant Director will determine whether the employment history indicated in the records listed in paragraph (a) of this section is correct. (c) If the sources in paragraph (a) of this section do not contain information regarding the claimant's ore transporting employment history, do not contain sufficient information to establish employment for at least one year as an ore transporter during the specified time period to qualify under § 79.62(b), or if a claimant or eligible surviving beneficiary wishes to contest the accuracy of such records, then the claimant or eligible surviving beneficiary may submit records from any of the following sources, which the Assistant Director shall consider (in addition to any sources listed in paragraph (a) of this section) in order to determine whether the claimant has established the requisite employment history: (1) Records of any of the specified states, including records of state regulatory agencies, containing information on uranium ore transporters and ore-transporting companies; (2) Records of any business entity that owned or operated an ore-transport… | ||||||
| 28:28:2.0.1.1.31.7.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.64 Proof of primary lung cancer. | DOJ | (a) In determining whether a claimant developed primary lung cancer following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed primary lung cancer must be supported by medical documentation. To prove that a claimant developed primary lung cancer, the claimant or beneficiary may submit any form of medical documentation specified in paragraph (e) of this section. In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources identified in paragraphs (b), (c), and (d) of this section. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary lung cancer.) (c) If a claimant was diagnosed as having primary lung cancer in Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the claimant or eligible surviving beneficiary submits with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Program to contact the appropriate state cancer or tumor registry, the Program will, where appropriate, request the relevant information from that registry and will review records that it obtains from the registry. (In cases where the claimant is deceased, the Program will accept as proof of medical condition verification from the state cancer or tumor registry that it possesses med… | ||||||
| 28:28:2.0.1.1.31.7.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.65 Proof of nonmalignant respiratory disease. | DOJ | (a) In determining whether a claimant developed a nonmalignant respiratory disease following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed a nonmalignant respiratory disease must be supported by medical documentation. In cases where the claimant is deceased, the claimant's beneficiary may submit any form of medical documentation specified in paragraph (d)(1) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). A living claimant must at a minimum submit the medical documentation required in paragraph (d)(3) of this section, and for proof of cor pulmonale must also submit one or more forms of documentation specified in paragraph (d)(2). In all cases, the Program will review submitted medical documentation, and will, in addition and where appropriate, review any pertinent records discovered within the sources referred to in paragraphs (b) and (c) of this section. With respect to a deceased claimant, the Program will treat as equivalent to a diagnosis of pulmonary fibrosis any diagnosis of “restrictive lung disease” made by a physician employed by the Indian Health Service. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of a nonmalignant respiratory disease.) (c) If medical records regarding the claimant were gathered during the course of any federally supported, health-related study of uranium w… | ||||||
| 28:28:2.0.1.1.31.7.1.7 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.66 Proof of primary renal cancer. | DOJ | (a) In determining whether a claimant developed primary renal cancer following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed primary renal cancer must be supported by medical documentation. In all cases, the Program will review submitted medical documentation, and, in addition and where appropriate, will review any pertinent records discovered within the sources referred to in paragraphs (b) and (c) of this section. (b) Where appropriate, the Radiation Exposure Compensation Program will search the records of the PHS (including NIOSH), created or gathered during the course of any health study of uranium workers conducted or being conducted by these agencies, to determine whether those records contain proof of the claimant's medical condition. (In cases where the claimant is deceased, the Program will accept as proof of medical condition the verification of the PHS or NIOSH that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary renal cancer.) (c) If a claimant was diagnosed as having primary renal cancer in Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the claimant or eligible surviving beneficiary submits with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Program to contact the appropriate state cancer or tumor registry, the Program will, where appropriate, request the relevant information from that registry and will review records that it obtains from the registry. (In cases where the claimant is deceased, 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 primary renal cancer.) (d) If medical records regarding the claimant were g… | ||||||
| 28:28:2.0.1.1.31.7.1.8 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | G | § 79.67 Proof of chronic renal disease. | DOJ | (a) In determining whether a claimant developed chronic renal disease following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed chronic renal disease must be supported by medical documentation. (b) A claimant or beneficiary may submit any of the following forms of medical documentation in support of a claim that the claimant contracted chronic renal disease. (1) Pathology report of tissue biopsy; (2) If laboratory or radiographic tests exist: (i) Abnormal plasma creatinine values; (ii) Abnormal glomerular filtration rate (by either measured creatinine or iothalamate clearance or calculated by MDRD equation); and (iii) Renal tubular dysfunction as evidenced by: (A) Glycosuria in the absence of diabetes mellitus; (B) Proteinuria less than one gram daily without other known etiology; or (C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or alkaline phosphaturia or other marker of proximal tubular injury; or (iv) Radiographic evidence of chronic renal disease; (3) Autopsy report; (4) Physician summary report; (5) Hospital discharge summary report; (6) Hospital admitting report; or (7) Death certificate, provided that it is signed by a physician at the time of death. | ||||||
| 28:28:2.0.1.1.31.8.1.1 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.70 Attorney General's delegation of authority. | DOJ | (a) An Assistant Director within the Constitutional and Specialized Torts 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 the regulations in this part to an attorney working under the supervision of the Assistant Director. (b) The Assistant Attorney General, Civil Division, shall designate an Appeals Officer to act on appeals from the Assistant Director's decisions. | |||||
| 28:28:2.0.1.1.31.8.1.2 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.71 Filing of claims. | DOJ | (a) All claims for compensation under the Act must be in writing and submitted on a standard claim form designated by the Assistant Director for the filing of compensation claims. Except as specifically provided in this part, the claimant or eligible surviving beneficiary must furnish the medical documentation required by this part with his or her standard form. Except as specifically provided in this part, the claimant or eligible surviving beneficiary must also provide with the standard form any records establishing the claimant's physical presence in an affected area, onsite participation, employment in a uranium mine or mill, or employment as an ore transporter, in accordance with this part. The standard claim 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 that address or by accessing the Program's Web site at http://www.usdoj.gov/civil/reca. (b) The Assistant Director will file a claim after receipt of the standard form with supporting documentation and examination for substantial compliance with this part. 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 paragraph (a) of this section. If a claim substantially fails to comply with paragraph (a), 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 this part. The sender may return the claim to the Assistant Director after correcting the deficiencies. For those cases that are filed, the As… | |||||
| 28:28:2.0.1.1.31.8.1.3 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.72 Review and resolution of claims. | DOJ | (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, as relevant, the period and place of physical presence set forth in the claim falls within the designated time period and affected areas identified in § 79.11; (4) For claims submitted under subparts B and D of this part, as relevant, the place and period of onsite participation set forth in the claim falls within the places and times set forth in § 79.11 and § 79.31; and (5) For claims submitted under subparts E, F, and G of this part, the period and 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 §§ 79.41, 79.51, and 79.61. 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 this part 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 th… | |||||
| 28:28:2.0.1.1.31.8.1.4 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.73 Appeals procedures. | DOJ | (a) An appeal must be in writing and must be received by the Radiation Exposure Compensation Program within 60 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 Appeals Officer 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 Appeals Officer shall review any appeal and other information forwarded by the Program. Within 90 days after the receipt of an appeal, the 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 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 … | |||||
| 28:28:2.0.1.1.31.8.1.5 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.74 Representatives and attorney's fees. | DOJ | [Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, as amended by Order No. 3185-2010, 75 FR 48275, Aug. 10, 2010] | (a) Representation. In submitting and presenting a claim to the Program, a claimant or beneficiary may, but need not, be represented by an attorney or by a representative of an Indian Tribe or tribal organization. Non-attorneys (other than representatives of an Indian Tribe or tribal organization) are not permitted to represent claimants or beneficiaries before the Program. To the extent that resources are available, the Assistant Director will provide assistance to all persons who file claims for compensation. Only qualified attorneys, as described in paragraph (c) of this section, may receive from a claimant or beneficiary any fee in connection with a successful claim. (b) Fees. (1) Notwithstanding any contract, the attorney of a claimant or beneficiary, along with any assistants or experts retained by the attorney on behalf of the claimant or beneficiary, may not receive from a claimant or beneficiary any fee for services rendered in connection with an unsuccessful claim. The attorney of a claimant or beneficiary may recover costs incurred in connection with an unsuccessful claim. (2) Notwithstanding any contract and except as provided in paragraph (b)(3) of this section, the attorney of a claimant or beneficiary, along with any assistants or experts retained by the attorney on behalf of the claimant or beneficiary, may receive from a claimant or beneficiary no more than 2% of the total award for all services rendered in connection with a successful claim, exclusive of costs. (3)(i) If an attorney entered into a contract with the claimant or beneficiary for services before July 10, 2000, with respect to a particular claim, then that attorney may receive up to 10% of the total award for services rendered in connection with a successful claim, exclusive of costs. (ii) If an attorney resubmits a previously denied claim, then that attorney may receive up to 10% of the total award to the claimant or beneficiary for services rendered in connection with that subsequently successful claim, exclusive of costs. … | ||||
| 28:28:2.0.1.1.31.8.1.6 | 28 | Judicial Administration | I | 79 | PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT | H | Subpart H—Procedures | § 79.75 Procedures for payment of claims. | DOJ | (a) All awards for compensation are made in the form of one time lump sum payments and 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 each eligible surviving beneficiary or to the legal guardian acting on his or her behalf, 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 when 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, in the case of a deceased claimant, 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 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 authoriz… | |||||
| 34:34:1.1.1.1.24.0.113.1 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.1 What is the purpose of these regulations? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. (b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on State processes and on State, areawide, regional, and local coordination for review of proposed federal financial assistance. (c) These regulations are intended to aid the internal management of the Department, and are not intended to create any right or benefit enforceable at law by a party against the Department or its officers. | |||||||
| 34:34:1.1.1.1.24.0.113.10 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.10 How does the Secretary make efforts to accommodate intergovernmental concerns? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | (a) If a State process provides a State process recommendation to the Department through its single point of contact, the Secretary either: (1) Accepts the recommendation; (2) Reaches an agreement with the State; or (3) Provides the single point of contact with a written explanation of the decision in such form as the Secretary deems appropriate. The Secretary may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Secretary informs the single point of contact that: (1) The Department will not implement its decision for at least ten days after the single point of contact receives the explanation; or (2) The Secretary has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of the notification. | |||||||
| 34:34:1.1.1.1.24.0.113.11 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.11 What are the Secretary's obligations in interstate situations? | ED | (a) The Secretary is responsible for: (1) Identifying proposed federal financial assistance that has an impact on interstate areas; (2) Notifying appropriate officials and entities in States which have adopted a process and which select the Department's program or activity. (3) Making efforts to identify and notify the affected State, areawide, regional, and local officials and entities in those States that have not adopted a process under the Order or do not select the Department's program or activity; (4) Responding under § 79.10 if the Secretary receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with the Department have been delegated. (b) In an interstate situation subject to this section, the Secretary uses the procedures in § 79.10 if a State process provides a State process recommendation to the Department through a single point of contact. | ||||||||
| 34:34:1.1.1.1.24.0.113.12 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.12 How may a State simplify, consolidate, or substitute federally required State plans? | ED | (a) As used in this section: (1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan. (2) Consolidate means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State can select the format, submission date, and planning period for the consolidated plan. (3) Substitute means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements. (b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required State plans without prior approval by the Secretary. (c) The Secretary reviews each State plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet federal requirements. | ||||||||
| 34:34:1.1.1.1.24.0.113.13 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.13 [Reserved] | ED | |||||||||
| 34:34:1.1.1.1.24.0.113.2 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.2 What definitions apply to these regulations? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | Order means Executive Order 12372, issued July 14, 1982, amended April 8, 1983, and titled “Intergovernmental Review of Federal Programs.” State means any of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. | |||||||
| 34:34:1.1.1.1.24.0.113.3 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.3 What programs and activities of the Department are subject to these regulations? | ED | [48 FR 29166, June 24, 1983, as amended at 51 FR 20824, June 9, 1986; 89 FR 70343, Aug. 29, 2024] | (a) The Secretary publishes in the Federal Register a list of the Department's programs and activities that are subject to these regulations (b) If a program or activity of the Department that provides Federal financial assistance does not have implementing regulations, the regulations in this part apply to that program or activity. (c) The following programs and activities are excluded from coverage under this part: (1) Proposed legislation. (2) Regulation and budget formulation. (3) National security matters. (4) Procurement. (5) Direct payments to individuals. (6) Financial transfers for which the Department has no funding discretion or direct authority to approve specific sites or projects. (7) Research and development that is national in scope. (8) Assistance to federally recognized Indian tribes. (d) In addition to the programs and activities excluded in paragraph (c) of this section, the Secretary may only exclude a Federal financial assistance program or activity from coverage under this part if the program or activity does not directly affect State or local governments. | |||||||
| 34:34:1.1.1.1.24.0.113.4 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.4 What are the Secretary's general responsibilities under the Order? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | (a) The Secretary provides opportunities for consultation by elected officials of those State and local governments that would provide the nonfederal funds for, or that would be directly affected by, proposed federal financial assistance from the Department. (b) If a State adopts a process under the Order to review and coordinate proposed federal financial assistance, the Secretary, to the extent permitted by law: (1) Uses the State process to determine official views of State and local elected officials; (2) Communicates with State and local elected officials as early in a program planning cycle as is reasonably feasible to explain specific plans and actions; (3) Makes efforts to accommodate State and local elected officials' concerns with proposed federal financial assistance that are communicated through the State process; (4) Allows the States to simplify and consolidate existing federally required State plan submissions; (5) Where State planning and budgeting systems are sufficient and where permitted by law, encourages the substitution of State plans for federally required State plans; (6) Seeks the coordination of views of affected State and local elected officials in one State with those of another State when proposed federal financial assistance has an impact on interstate metropolitan urban centers or other interstate areas; and (7) Supports State and local governments by discouraging the reauthorization or creation of any planning organization which is federally funded, which has a limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials. | |||||||
| 34:34:1.1.1.1.24.0.113.5 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.5 What is the Secretary's obligation with respect to Federal interagency coordination? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | The Secretary, to the maximum extent practicable, consults with and seeks advice from all other substantially affected federal departments and agencies in an effort to ensure full coordination between such agencies and the Department regarding programs and activities covered under these regulations. | |||||||
| 34:34:1.1.1.1.24.0.113.6 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.6 What procedures apply to the selection of programs and activities under these regulations? | ED | [48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024] | (a) A State may select any program or activity published in the Federal Register in accordance with § 79.3 for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials. (b) Each State that adopts a process shall notify the Secretary of the Department's programs and activities selected for that process. (c) A State may notify the Secretary of changes in its selections at any time. For each change, the State shall submit to the Secretary an assurance that the State has consulted with local elected officials regarding the change. The Department may establish deadlines by which States are required to inform the Secretary of changes in their program selections. (d) The Secretary uses a State's process as soon as feasible, depending on individual programs and activities, after the Secretary is notified of its selections. | |||||||
| 34:34:1.1.1.1.24.0.113.7 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.7 How does the Secretary communicate with State and local officials concerning the Department's programs and activities? | ED | (a) [Reserved] (b)(1) The Secretary provides notice to directly affected State, areawide, regional, and local entities in a State of proposed federal financial assistance if: (i) The State has not adopted a process under the Order; or (ii) The assistance involves a program or activity not selected for the State process. (2) This notice may be made by publication in the Federal Register or other means which the Secretary determine appropriate. | ||||||||
| 34:34:1.1.1.1.24.0.113.8 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.8 How does the Secretary provide States an opportunity to comment on proposed Federal financial assistance? | ED | [48 FR 29166, June 24, 1983, as amended at 51 FR 20825, June 9, 1986; 89 FR 70343, Aug. .29, 2024] | (a) Except in unusual circumstances, the Secretary gives State processes or directly affected State, areawide, regional, and local officials and entities— (1) At least 30 days to comment on proposed Federal financial assistance in the form of noncompeting continuation awards; and (2) At least 60 days to comment on proposed Federal financial assistance other than noncompeting continuation awards. (b) The Secretary establishes a date for mailing or hand-delivering comments under paragraph (a) of this section using one of the following two procedures: (1) If the comments relate to continuation award applications, the Secretary notifies each applicant and each State Single Point of Contact (SPOC) of the date by which SPOC comments should be submitted. (2) If the comments relate to applications for new grants, the Secretary establishes the date in a notice published in the Federal Register. (c) This section also applies to comments in cases in which the review, coordination, and communication with the Department have been delegated. | |||||||
| 34:34:1.1.1.1.24.0.113.9 | 34 | Education | 79 | PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES | § 79.9 How does the Secretary receive and respond to comments? | ED | [48 FR 29166, June 24, 1983, as amended at 51 FR 20825, June 9, 1986; 89 FR 70343, Aug. 29, 2024] | (a) The Secretary follows the procedure in § 79.10 if: (1) A State office or official is designated to act as a single point of contact between a State process and all federal agencies, and (2) That office or official transmits a State process recommendation, and identifies it as such, for a program selected under § 79.6. (b)(1) The single point of contact is not obligated to transmit comments from State, areawide, regional, or local officials and entities if there is no State process recommendation. (2) If a State process recommendation is transmitted by a single point of contact, all comments from State, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a State has not established a process, or is unable to submit a State process recommendation, State, areawide, regional, and local officials and entities may submit comments to the Department. (d) If a program or activity is not selected for a State process, State, areawide, regional, and local officials and entities may submit comments to the Department. In addition, if a State process recommendation for a nonselected program or activity is transmitted to the Department by the single point of contact, the Secretary follows the procedures of § 79.10. (e) The Secretary considers comments which do not constitute a State process recommendation submitted under these regulations and for which the Secretary is not required to apply the procedures of § 79.10, if those comments are provided by a single point of contact, or directly to the Department by a commenting party. | |||||||
| 38:38:2.0.1.1.36.0.364.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.0 Purpose and scope. | VA | (a) Purpose. This part implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program to award legal services grants to eligible entities to provide legal services to eligible veterans. (b) Scope. Legal services covered by this part are those services that address the needs of eligible veterans who are homeless or at risk for homelessness. | |||||||
| 38:38:2.0.1.1.36.0.364.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.45 Scoring criteria for grantees applying for renewal of legal services grants. | VA | VA will score applicants who are applying for a renewal of a legal services grant. VA will set forth specific point values to be awarded for each criterion in the NOFO. VA will use the following criteria to score grantees applying for renewal of a legal services grant: (a) VA will award points based on the success of the grantee's program, as demonstrated by the following: (1) Participants were satisfied with the legal services provided by the grantee. (2) The grantee delivered legal services to participants in a timely manner. (3) The grantee implemented the program by developing and sustaining relationships with community partners to refer veterans in need of legal services. (4) The grantee was effective in conducting outreach to eligible veterans, including specifically to women veterans, and increased engagement of eligible veterans seeking legal services provided by the grantee. (b) VA will award points based on the cost effectiveness of the grantee's program, as demonstrated by the following: (1) The cost per participant was reasonable. (2) The grantee's program was effectively implemented within budget. (c) VA will award points based on the extent to which the grantee complied with the Grant Program's goals and requirements, as demonstrated by the following: (1) The grantee's program was administered in accordance with VA's goals for the Grant Program as described in the NOFO. (2) The grantee's program was administered in accordance with all applicable laws, regulations, and guidelines. (3) The grantee's program was administered in accordance with the grantee's legal services grant agreement. | |||||||
| 38:38:2.0.1.1.36.0.364.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.50 Selecting grantees for renewal of legal services grants. | VA | VA will use the following process to select grantees applying for renewal of legal services grants: (a) So long as the grantee continues to meet the threshold requirements set forth in § 79.30, VA will score the grantee using the scoring criteria set forth in § 79.45. (b) VA will rank those grantees who receive at least the minimum amount of total points and points per category set forth in the NOFO. The grantees will be ranked in order from highest to lowest scores. (c) VA will use the grantee's ranking as the basis for selection for funding. VA will fund the highest-ranked grantees for which funding is available. (d) At its discretion, VA may award any non-renewed funds to an applicant or existing grantee. If VA chooses to award non-renewed funds to an applicant or existing grantee, funds will be awarded as follows: (1) VA will first offer to award the non-renewed funds to the applicant or grantee with the highest grant score under the relevant NOFO that applies for, or is awarded a renewal grant in, the same community as, or a proximate community to, the affected community. Such applicant or grantee must have the capacity and agree to provide prompt services to the affected community. For the purposes of this section, the relevant NOFO is the most recently published NOFO which covers the geographic area that includes the affected community, or for multi-year grant awards, the NOFO for which the grantee, who is offered the additional funds, received the multi-year award. (2) If the first such applicant or grantee offered the non-renewed funds refuses the funds, VA will offer to award the funds to the next highest-ranked such applicant or grantee, per the criteria in paragraph (d)(1) of this section, and continue on in rank order until the non-renewed funds are awarded. (e) If a grantee would have been selected but for a procedural error committed by VA, VA may select that grantee for funding when sufficient funds become available if there is no material change in the information that would have resulted … | |||||||
| 38:38:2.0.1.1.36.0.364.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.55 General operation requirements. | VA | (a) Eligibility documentation. (1) Prior to providing legal services, grantees must verify and document each veteran's eligibility for legal services and classify the veteran based on the eligible veteran criteria as set forth in § 79.15. (2) Once the grantee initiates legal services, the grantee will continue to provide legal services to the participant through completion of the legal services so long as the participant continues to meet the eligibility criteria set forth in § 79.15. (3) If a grantee finds at any point in the grant award period that a participant is ineligible to receive legal services under this part, or the provider is unable to meet the legal needs of that participant, the grantee must document the reason for the participant's ineligibility or the grantee's inability to provide legal services and provide the veteran information on other available programs or resources or provide a referral to another legal services organization that is able to meet the veteran's needs. (b) Legal services documentation. For each participant who receives legal services from the grantee, the grantee must document the legal services provided, how such services were provided, the duration of the services provided, any goals for the provision of such services, and measurable outcomes of the legal services provided as determined by the Secretary, such as whether the participant's legal issue was resolved. (c) Confidentiality. Grantees must maintain the confidentiality of records kept in connection to legal services provided to participants. Grantees that provide legal services must establish and implement procedures to ensure the confidentiality of: (1) Records pertaining to any participant, and (2) The address or location where the legal services are provided. Such confidentiality should be consistent with the grantee's State bar rules on confidentiality in an attorney-client relationship. (d) Notifications to participants. Prior to initially providing legal services to a participant, the grantee mu… | |||||||
| 38:38:2.0.1.1.36.0.364.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.60 Fee prohibition. | VA | Grantees must not charge a fee to participants for providing legal services that are funded with amounts from a legal services grant under this part. | |||||||
| 38:38:2.0.1.1.36.0.364.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.65 Notice of Funding Opportunity (NOFO). | VA | When funds are available for legal services grants, VA will publish a NOFO in the Federal Register and on grants.gov . The notice will identify: (a) The location for obtaining legal services grant applications; (b) The date, time, and place for submitting completed legal services grant applications; (c) The estimated amount and type of legal services grant funding available, including the maximum grant funding available per award; (d) Any priorities for or exclusions from funding to meet the statutory mandates of 38 U.S.C. 2022A and VA goals for the Grant Program; (e) The length of term for the legal services grant award; (f) Specific point values to be awarded for each criterion listed in §§ 79.35 and 79.45; (g) The minimum number of total points and points per category that an applicant or grantee, as applicable, must receive in order for a legal services grant to be funded; (h) Any maximum uses of legal services grant funds for specific legal services; (i) The timeframes and manner for payments under the legal services grant; and (j) Other information necessary for the legal services grant application process as determined by VA, including the requirements, goals, and objectives of the Grant Program, and how the preference under § 79.40(d)(3) may be met. | |||||||
| 38:38:2.0.1.1.36.0.364.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.70 Legal services grant agreements. | VA | (a) After an applicant is selected for a legal services grant in accordance with § 79.40, VA will draft a legal services grant agreement to be executed by VA and the grantee. Upon execution of the legal services grant agreement, VA will obligate legal services grant funds to cover the amount of the approved legal services grant, subject to the availability of funding. The legal services grant agreement will provide that the grantee agrees, and will ensure that each subcontractor agrees, to: (1) Operate the program in accordance with the provisions of this part and the applicant's legal services grant application; (2) Comply with such other terms and conditions, including recordkeeping and reports for program monitoring and evaluation purposes, as VA may establish for purposes of carrying out the Grant Program, in an effective and efficient manner; and (3) Provide such additional information as deemed appropriate by VA. (b) After a grantee is selected for renewal of a legal services grant in accordance with § 79.50, VA will draft a legal services grant agreement to be executed by VA and the grantee. Upon execution of the legal services grant agreement, VA will obligate legal services grant funds to cover the amount of the approved legal services grant, subject to the availability of funding. The legal services grant agreement will contain the same provisions described in paragraph (a) of this section. (c) No funds provided under this part may be used to replace Federal, State, tribal, or local funds previously used, or designated for use, to assist eligible veterans. | |||||||
| 38:38:2.0.1.1.36.0.364.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.75 Program or budget changes and corrective action plans. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | (a) A grantee must submit to VA a written request to modify a legal services grant for any proposed significant change that will alter its legal services grant program. If VA approves such change, VA will issue a written amendment to the legal services grant agreement. A grantee must receive VA's approval prior to implementing a significant change. Significant changes include, but are not limited to, a change in the grantee or any subcontractors identified in the legal services grant agreement; a change in the area or community served by the grantee; additions or deletions of legal services provided by the grantee; a change in category of eligible veterans to be served; and a change in budget line items that are more than 10 percent of the total legal services grant award. (1) VA's approval of changes is contingent upon the grantee's amended application retaining a sufficient rank to have been competitively selected for funding in the year that the application was granted. (2) Each legal services grant modification request must contain a description of the revised proposed use of legal services grant funds. (b) VA may require that the grantee initiate, develop, and submit to VA for approval a Corrective Action Plan (CAP) if, on a quarterly basis, actual legal services grant expenditures vary from the amount disbursed to a grantee for that same quarter or actual legal services grant activities vary from the grantee's program description provided in the legal services grant agreement. (1) The CAP must identify the expenditure or activity source that has caused the deviation, describe the reason(s) for the variance, provide specific proposed corrective action(s), and provide a timetable for accomplishment of the corrective action. (2) After receipt of the CAP, VA will send a letter to the grantee indicating that the CAP is approved or disapproved. If disapproved, VA will make beneficial suggestions to improve the proposed CAP and request resubmission or take other actions in accordance with this part. (c) Gran… | ||||||
| 38:38:2.0.1.1.36.0.364.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.80 Faith-based organizations. | VA | [89 FR 89501, Nov. 13, 2024] | Organizations that are faith-based are eligible, on the same basis as any other organization, to participate in the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program under this part in accordance with 38 CFR part 50. | ||||||
| 38:38:2.0.1.1.36.0.364.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.85 Visits to monitor operations and compliance. | VA | (a) VA has the right, at all reasonable times, to make visits to all grantee locations where a grantee is using legal services grant funds in order to review grantee accomplishments and management control systems and to provide such technical assistance as may be required. VA may conduct inspections of all program locations and records of a grantee at such times as are deemed necessary to determine compliance with the provisions of this part. If a grantee delivers services in a participant's home, or at a location away from the grantee's place of business, VA may accompany the grantee. If the grantee's visit is to the participant's home, VA will only accompany the grantee with the consent of the participant. If any visit is made by VA on the premises of the grantee or a subcontractor under the legal services grant, the grantee must provide, and must require its subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of the VA representatives in the performance of their duties. All visits and evaluations will be performed in such a manner as will not unduly delay services. (b) The authority to inspect carries with it no authority over the management or control of any applicant or grantee under this part. | |||||||
| 38:38:2.0.1.1.36.0.364.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.90 Financial management and administrative costs. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | (a) Grantees must comply with applicable requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200. (b) Grantees must use a financial management system that provides adequate fiscal control and accounting records and meets the requirements set forth in 2 CFR part 200. (c) Payment up to the amount specified in the legal services grant must be made only for allowable, allocable, and reasonable costs in conducting the work under the legal services grant. The determination of allowable costs must be made in accordance with the applicable Federal Cost Principles set forth in 2 CFR part 200. (d) Costs for administration by a grantee will be consistent with 2 CFR part 200. Administrative costs will consist of all costs associated with the management of the program, including administrative costs of subcontractors. | ||||||
| 38:38:2.0.1.1.36.0.364.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.5 Definitions. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | For purposes of this part and any Notice of Funding Opportunity (NOFO) issued under this part: Applicant means an eligible entity that submits an application for a legal services grant announced in a NOFO. At risk for homelessness means an individual who meets the criteria identified in § 79.15(b). Disallowed costs means costs charged by a grantee that VA determines to be unallowable based on applicable Federal cost principles or based on this part or the legal services grant agreement. Eligible entity means an entity that meets the requirements of § 79.10. Eligible veteran means a veteran that meets the requirements of § 79.15(a) or (b). Grantee means an eligible entity that is awarded a legal services grant under this part. Homeless veteran means a veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). Indian tribe has the meaning as given that term in in 25 U.S.C. 4103. Legal services means the services listed in § 79.20. Legal services grant means a grant awarded under this part. Legal services grant agreement means the agreement executed between VA and a grantee as specified under § 79.70. Non-profit private entity means an entity that meets the criteria in § 79.10(c). Notice of Funding Opportunity (NOFO) has the meaning as given to this term in 2 CFR 200.1. Participant means an eligible veteran who is receiving legal services from a grantee under this part. Public entity means an entity that meets the criteria in § 79.10(b). Rural communities means those communities considered rural according to the Rural-Urban Commuting Area (RUCA) system as determined by the United States Department of Agriculture (USDA). State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State exclusive of local governments. Subcontractor means any thir… | ||||||
| 38:38:2.0.1.1.36.0.364.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.95 Grantee reporting requirements. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | (a) VA may require grantees to provide, in such form as may be prescribed, such reports or answers in writing to specific questions, surveys, or questionnaires as VA determines necessary to carry out the Grant Program. (b) At least once per year, or at the frequency set by VA, each grantee must submit to VA a report containing information relating to operational effectiveness; fiscal responsibility; legal services grant agreement compliance; and legal and regulatory compliance. This report must include a breakdown of how the grantee used the legal services grant funds; the number of participants assisted; information on each participant's gender, age, race, and service era; a description of the legal services provided to each participant; and any other information that VA requests. (c) VA may request additional reports to allow VA to fully assess the provision legal services under this part. (d) Grantees must relate financial data to performance data and develop unit cost information whenever practical. (e) All pages of the reports must cite the assigned legal services grant number and be submitted in a timely manner as set forth in the grant agreement. (f) Grantees must provide VA with consent to post information from reports on the internet and use such information in other ways deemed appropriate by VA. Grantees must clearly redact information that is confidential based on attorney-client privilege, unless that privilege has been waived by the client. | ||||||
| 38:38:2.0.1.1.36.0.364.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.100 Recordkeeping. | VA | Grantees must ensure that records are maintained for at least a 3-year period to document compliance with this part. Grantees must produce such records at VA's request. | |||||||
| 38:38:2.0.1.1.36.0.364.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.105 Technical assistance. | VA | VA will provide technical assistance, as necessary, to applicants and grantees to meet the requirements of this part. Such technical assistance will be provided either directly by VA or through contracts with appropriate public or non-profit private entities. | |||||||
| 38:38:2.0.1.1.36.0.364.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.110 Withholding, suspension, deobligation, termination, and recovery of funds by VA. | VA | VA will enforce this part through such actions as may be appropriate. Appropriate actions include withholding, suspension, deobligation, termination, recovery of funds by VA, and actions in accordance with 2 CFR part 200. | |||||||
| 38:38:2.0.1.1.36.0.364.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.115 Legal services grant closeout procedures. | VA | Legal services grants will be closed out in accordance with 2 CFR part 200. | |||||||
| 38:38:2.0.1.1.36.0.364.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.10 Eligible entities. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | (a) To be an eligible entity under this part, the entity must: (1) Be a public or nonprofit private entity with the capacity to effectively administer a grant under this part; (2) Demonstrate that adequate financial support will be available to carry out the services for which the grant is sought consistent with the legal services grant application; and (3) Agree to meet the applicable criteria and requirements of this part. (b) A public entity includes any of the following: (1) Local government, (that is, a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government); (2) State government; (3) Federally recognized Indian tribal government. The governing body or a governmental agency of any Indian tribe, band, nation, or other organized group or community (including any Native village as defined in section 3 of the Alaska Native Claims Settlement Act, 85 Stat 688) certified by the Secretary of the Interior as eligible for the special programs and services provided by the Bureau of Indian Affairs. (c) A nonprofit private entity is an entity that meets the requirements of 26 U.S.C. 501(c)(3), (6), or (19). | ||||||
| 38:38:2.0.1.1.36.0.364.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.15 Eligible veterans. | VA | (a) To be eligible for legal services under this part, an individual must be a: (1) Homeless veteran or (2) Veteran at risk for homelessness. (b) “At risk for homelessness” in this part means an individual who does not have sufficient resources or support networks, e.g., family, friends, faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described in paragraph (1) of the definition of “homeless” in 24 CFR 576.2 and meets one or more of the following conditions: (1) Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for assistance; (2) Is living in the home of another because of economic hardship; (3) Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance; (4) Is constructively evicted from their current housing because of untenable conditions created by the landlord such as shutting off electricity and water or discriminatory acts; (5) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State, or local government programs for low-income individuals; (6) Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 persons reside per room, as defined by the U.S. Census Bureau; (7) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); (8) Is fleeing, or is attempting to flee domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual, including a child, that has either taken place within the individual's primary nighttime residenc… | |||||||
| 38:38:2.0.1.1.36.0.364.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.20 Legal services. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | Allowable legal services covered under this Grant Program are limited to the following: (a) Legal services related to housing, including eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases. (b) Legal services relating to family law, including assistance in court proceedings for child support and custody, divorce, estate planning, and family reconciliation. (c) Legal services relating to income support, including assistance in obtaining public benefits. (d) Legal services relating to criminal defense, including defense and resolution of, and assistance with, matters symptomatic of homelessness, such as outstanding warrants, fines, driver's license revocation, and citations. To reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing, covered legal services relating to criminal defense also include legal assistance with requests to expunge or seal a criminal record. (e) Legal services relating to requests to upgrade the characterization of a discharge or dismissal of a former member of the Armed Forces under 10 U.S.C. 1553. (f) Other covered legal services as determined appropriate by the Secretary, including: (1) Legal assistance with protective orders and other matters related to domestic or intimate partner violence. (2) Access to health care. (3) Consumer law matters, such as debt collection, garnishments, usury, fraud, deceit, and financial exploitation. (4) Employment law matters. (5) The unmet legal needs of male and female veterans in VA's annual Community Homelessness Assessment, Local Education and Networking Groups (CHALENG) survey for the grant award year. (6) Legal services relating to requests for corrections to military records of a former member of the Armed Forces under 10 U.S.C. 1552. | ||||||
| 38:38:2.0.1.1.36.0.364.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.25 Applications for legal services grants. | VA | [87 FR 33041, June 1, 2022, as amended at 89 FR 89501, Nov. 13, 2024] | (a) To apply for a legal services grant, an applicant must submit to VA a complete legal services grant application package, as described in the NOFO. A complete legal services grant application package includes the following: (1) A description of the legal services to be provided by the applicant and the identified need for such legal services among eligible veterans; (2) A description of how the applicant will ensure that services are provided to eligible veterans, including women veterans; (3) A description of the characteristics of eligible veterans who will receive legal services provided by the applicant; (4) An estimate with supporting documentation of the number of eligible veterans, including an estimate of the number of eligible women veterans, who will receive legal services provided by the applicant; (5) A plan for how the applicant will use at least ten percent of the grant funds to serve eligible women veterans; (6) Documentation describing the experience of the applicant and any identified subcontractors in providing legal services to eligible veterans; (7) Documentation relating to the applicant's ability to coordinate with any identified subcontractors; (8) Documentation of the applicant's capacity to effectively administer a grant under this section that describes the applicant's: (i) Accounting practices and financial controls; (ii) Capacity for data collection and reporting required under this part; and (iii) Experience administering other Federal, State, or county grants similar to the Grant Program under this part. (9) Documentation of the managerial capacity of the applicant to: (i) Coordinate the provision of legal services by the applicant or by other organizations on a referral basis; (ii) Assess continuously the needs of eligible veterans for legal services; (iii) Coordinate the provision of legal services with services provided by VA; (iv) Customize legal services to the needs of eligible veterans; and (v) Comply with and implement the requirements of this part through… | ||||||
| 38:38:2.0.1.1.36.0.364.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.30 Threshold requirements prior to scoring legal services grant applicants. | VA | VA will only score applicants that meet the following threshold requirements: (a) The application is filed within the time period established in the NOFO, and any additional information or documentation requested by VA under § 79.25(c) is provided within the time frame established by VA; (b) The application is completed in all parts; (c) The activities for which the legal services grant is requested are eligible for funding under this part; (d) The applicant's prospective participants are eligible to receive legal services under this part; (e) The applicant agrees to comply with the requirements of this part; (f) The applicant does not have an outstanding obligation to the Federal Government that is in arrears and does not have an overdue or unsatisfactory response to an audit; and (g) The applicant is not in default by failing to meet the requirements for any previous Federal assistance. | |||||||
| 38:38:2.0.1.1.36.0.364.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.35 Scoring criteria for legal services grant applicants. | VA | VA will score applicants who are applying for a legal services grant VA will set forth specific point values to be awarded for each criterion in the NOFO. VA will use the following criteria to score these applicants: (a) VA will award points based on the background, qualifications, experience, and past performance, of the applicant, and any subcontractors identified by the applicant in the legal services grant application, as demonstrated by the following: (1) Background and organizational history. (i) Applicant's, and any identified subcontractors', background and organizational history are relevant to providing legal services. (ii) Applicant, and any identified subcontractors, maintain organizational structures with clear lines of reporting and defined responsibilities. (iii) Applicant, and any identified subcontractors, have a history of complying with agreements and not defaulting on financial obligations. (2) Organization and staff qualifications. (i) Applicant, and any identified subcontractors, have experience working with veterans or individuals who are homeless, at risk for homelessness, or who have very low income, as defined under this part. (ii) Applicant, and any identified subcontractors, have experience providing legal services, including providing such services to veterans, or individuals who are homeless, at risk for homelessness or who have very low income. (iii) Applicant, and any identified subcontractors, have or plan to hire staff, who are qualified to administer legal services, and as applicable, are in good standing as a member of the applicable State bar. (iv) Applicant's staff, and any identified subcontractors' staff, have experience administering programs similar to the Grant Program under this part. (b) VA will award points based on the applicant's program concept and legal services plan, as demonstrated by the following: (1) Need for the program. (i) Applicant has shown a need amongst eligible veterans in the area or community where the program will be based. (ii) Ap… | |||||||
| 38:38:2.0.1.1.36.0.364.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 79 | PART 79—LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT-RISK FOR HOMELESSNESS GRANT PROGRAM | § 79.40 Selection of grantees. | VA | VA will use the following process to select applicants to receive legal services grants: (a) VA will score all applicants that meet the threshold requirements set forth in § 79.30 using the scoring criteria set forth in § 79.35. (b) VA will group applicants within the applicable funding priorities if funding priorities are set forth in the NOFO. (c) VA will rank those applicants who receive at least the minimum amount of total points and points per category set forth in the NOFO, within their respective funding priority group, if any. The applicants will be ranked in order from highest to lowest scores, within their respective funding priority group, if any. (d) VA will use the applicant's ranking as the primary basis for selection for funding. However, VA will also use the following considerations to select applicants for funding: (1) VA will give preference to applicants that have the demonstrated ability to provide the provision of legal services eligible individuals who are homeless, at risk for homelessness or have very low income, as defined by this part. (2) To the extent practicable, VA will ensure that legal services grants are equitably distributed across geographic regions, including rural communities, trust lands, Native Americans, and tribal organizations. (3) VA will give preference to applicants with a demonstrated focus on women veterans as set forth in the NOFO. (e) Subject to paragraph (d) of this section, VA will fund the highest-ranked applicants for which funding is available, within the highest funding priority group, if any. If funding priorities have been established, to the extent funding is available and subject to paragraph (d) of this section, VA will select applicants in the next highest funding priority group based on their rank within that group. (f) If an applicant would have been selected but for a procedural error committed by VA, VA may select that applicant for funding when sufficient funds become available if there is no material change in the information that would h… | |||||||
| 40:40:19.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.1 Applicability. | EPA | The regulations of this part apply to the registration of fuels and fuel additives designated by the Administrator, pursuant to section 211 of the Clean Air Act (42 U.S.C. 1857f-6c, as amended by section 9, Pub. L. 91-604). | ||||
| 40:40:19.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.2 Definitions. | EPA | [40 FR 52011, Nov. 7, 1975, as amended at 59 FR 33092, June 27, 1994; 62 FR 12571, Mar. 17, 1997] | As used in this part, all terms not defined herein shall have the meaning given them in the Act: (a) Act means the Clean Air Act (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604). (b) Administrator means the Administrator of the Environmental Protection Agency. (c) Fuel means any material which is capable of releasing energy or power by combustion or other chemical or physical reaction. (d) Fuel manufacturer means any person who, for sale or introduction into commerce, produces, manufactures, or imports a fuel or causes or directs the alteration of the chemical composition of a bulk fuel, or the mixture of chemical compounds in a bulk fuel, by adding to it an additive, except: (1) A party (other than a fuel refiner or importer) who adds a quantity of additive(s) amounting to less than 1.0 percent by volume of the resultant additive(s)/fuel mixture is not thereby considered a fuel manufacturer. (2) A party (other than a fuel refiner or importer) who adds an oxygenate compound to fuel in any otherwise allowable amount is not thereby considered a fuel manufacturer. (e) Additive means any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to a fuel named in the designation (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (f) Additive manufacturer means any person who produces, manufactures, or imports an additive for use as an additive and/or sells or imports for sale such additive under the person's own name. (g) Range of concentration means the highest concentration, the lowest concentration, and the average concentration of an additive in a fuel. (h) Chemical composition means the name and percentage by weight of each compound in an additive and the name and percentage by weight of each element in an additive. (i) Chemical structure means the molecular structure of a compound in an additive. (j) Impurity means any chemical element present in an additive that is not … | |||
| 40:40:19.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.3 Availability of information. | EPA | [59 FR 33092, June 27, 1994] | The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter except as expressly noted in subpart F of this part. | |||
| 40:40:19.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.4 Requirement of registration. | EPA | [40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976; 59 FR 33092, June 27, 1994] | (a) Fuels. (1) No manufacturer of any fuel designated under this part shall, after the date prescribed for such fuel in this part, sell, offer for sale, or introduce into commerce such fuel unless the Administrator has registered such fuel. (2) No manufacturer of a registered fuel shall add or direct the addition to it of an additive which he has not previously reported unless he has notified the Administrator of such intended use, including the expected or estimated range of concentration. If necessary to meet an unforeseen production problem, however, a fuel manufacturer may use an additive that he has not previously reported provided that (i) the additive is on the current list of registered additives and (ii) the fuel manufacturer notifies the Administrator within 30 days regarding such unforeseen use and his plans regarding continued use, including the expected or estimated range of concentration. (3) Any designated fuel that is (i) in a research, development, or test status; (ii) sold to automobile, engine, or component manufacturers for research, development, or test purposes; or (iii) sold to automobile manufacturers for factory fill, and is not in any case offered for commercial sale to the public, shall be exempt from registration. (4) A domestic fuel manufacturer may purchase and offer for commercial sale foreign-produced fuel containing unidentified additives provided that within 30 days of his offer for sale he notifies the Administrator of the purchase, the source of purchase, the quantity purchased, and summarized results of any tests performed to determine the acceptability of the purchased fuel to the fuel manufacturer. (b) Additives. (1) No manufacturer of any fuel additive designated under this part shall, after the date by which the additive must be registered under this part, sell, offer for sale, or introduce into commerce such additive for use in any type of fuel designated under this part unless the Administrator has registered that additive for use in that type of fuel. (2) Any d… | |||
| 40:40:19.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.5 Periodic reporting requirements. | EPA | [40 FR 52011, Nov. 7, 1975, as amended at 79 FR 23630, Apr. 28, 2014; 85 FR 78463, Dec. 4, 2020] | (a) Fuel manufacturers. (1) For each calendar year (January 1 through December 31) commencing after the date prescribed for any fuel in subpart D of this part, fuel manufacturers must submit to the Administrator a report for each registered fuel showing the range of concentration of each additive reported under § 79.11(a) and the volume of such fuel produced in the year. Reports must be submitted by March 31 for the preceding year, or part thereof, on forms supplied by the Administrator. If the date prescribed for a particular fuel in subpart D of this part, or the later registration of a fuel is between October 1 and December 31, no report will be required for the period to the end of that year. Table 1 to § 79.5—Quarterly Reporting Deadlines (2) Fuel manufacturers shall submit to the Administrator a report annually for each registered fuel providing additional data and information as specified in §§ 79.32(c) and (d) and 79.33(c) and (d) in the designation of the fuel in subpart D of this part. Reports shall be submitted by March 31 for the preceding year, or part thereof, on forms supplied by the Administrator upon request. If the date prescribed for a particular fuel in subpart D of this part, or the later registration of a fuel is between October 1 and December 31, no report will be required for the period to the end of that year. (b) Additive manufacturers. Additive manufacturers shall submit to the Administrator a report annually for each registered additive providing additional data and information as specified in § 79.31(c) and (d) in the designation of the additive in subpart D of this part. Additive manufacturers shall also report annually the volume of each additive produced. Reports shall be submitted by March 31 for the preceding year, or part thereof, on forms supplied by the Administrator upon request. If the date prescribed for a particular additive in subpart D of this part, or the later registration of an additive is between October 1 and December 31, no report will be required for the pe… | |||
| 40:40:19.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.6 Requirement for testing. | EPA | [59 FR 33092, June 27, 1994] | Provisions regarding testing that is required for registration of a designated fuel or fuel additive are contained in subpart F of this part. | |||
| 40:40:19.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 79 | PART 79—REGISTRATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 79.7 Samples for test purposes. | EPA | When the Administrator requires for test purposes a fuel or additive which is not readily available in the open market, he may request the manufacturer of such fuel or additive to furnish a sample in a reasonable quantity. The fuel or additive manufacturer shall comply with such request within 30 days. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);