cfr_sections
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56 rows where part_number = 79 and title_number = 28 sorted by section_id
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| 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 |
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| 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… |
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