CFR Subpart D

CFR Subpart D
in effect

28 C.F.R. § 79.30 Scope of subpart.

The regulations in this subpart describe the criteria for eligibility for compensation under section 4(a)(2)(C) of the Act, and the evidence that will be accepted as proof of the various 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 C.F.R. § 79.31 Definitions.

(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 Operation Teapot, the period February 18, 1955, through June 10, 1955: (12) For Operation Wigwam, the period May 14, 1955, through May 15, 1955: (13) For Operation Redwing, the period May 2, 1956, through August 6, 1956, for all activities other than service as a member of the garrison or maintenance forces on the atoll of Enewetak from August 7, 1956, through August 7, 1957; the period of atmospheric nuclear testing for service as a member of the garrison or maintenance forces on the atoll of Enewetak shall run from May 2, 1956, through August 7, 1957: (14) For Operation Plumbbob, the period May 28, 1957, through October 22, 1957: (15) For Operation Hardtack I, the period April 26, 1958, through October 31, 1958, for all activities other than service as a member of the garrison or maintenance forces on the atoll of Enewetak from November 1, 1958, through April 30, 1959; the period of atmospheric nuclear testing for service as a member of the garrison or maintenance forces on the atoll of Enewetak shall run from April 26, 1958, through April 30, 1959: (16) For Operation Argus, the period August 25, 1958, through September 10, 1958: (17) For Operation Hardtack II, the period September 19, 1958, through October 31, 1958: (18) For Operation Dominic I, the period April 23, 1962, through December 31, 1962: (19) For Operation Dominic II, the period July 7, 1962, through August 15, 1962: (20) For Operation Plowshare, the period July 6, 1962, through July 7, 1962, covering Project Sedan.

28 C.F.R. § 79.32 Criteria for eligibility for claims by onsite participants.

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 C.F.R. § 79.33 Proof of participation onsite during a period of atmospheric nuclear testing.

(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 Atomic Energy Commission (AEC) or the Department of Energy (DOE), or Who Were Members of the Federal Civil Defense Administration or the Office of Civil and Defense Mobilization. (1) A claimant or eligible surviving beneficiary who alleges that the claimant was present onsite during the atmospheric detonation of a nuclear device as an employee of the AEC, the DOE or any of their components, agencies or offices, or as an employee of a contractor of the AEC, or DOE, or as a member of the Federal Civil Defense Administration or the Office of Civil and Defense Mobilization, must submit the following information on the claim form: (i) The claimant's name; (ii) The claimant's Social Security number; (iii) The site at which the claimant participated in the atmospheric detonation of a nuclear device; (iv) The name or other identifying information associated with the claimant's organization, unit, assignment, or employer at the time of the claimant's participation onsite; (v) The dates of the claimant's assignment onsite; and (vi) As full and complete a description as possible of the claimant's official duties, responsibilities, and activities while participating onsite. (2) A claimant or eligible surviving beneficiary under this section need not at the time the claim is filed submit any additional documentation demonstrating the claimant's presence onsite during the atmospheric detonation of a nuclear device; however, additional documentation may thereafter be required as set forth in paragraph (b)(3) of this section. (3) Upon receipt under this subpart of a claim that contains the information set forth in paragraph (b)(1) of this section, the Radiation Exposure Compensation Program will forward the information to the Nevada Field Office of the Department of Energy (DOE/NV) and request that the DOE/NV 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 DOE/NV 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).

28 C.F.R. § 79.34 Proof of medical condition.

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

28 C.F.R. § 79.35 Proof of onset of leukemia at least two years after first exposure, and proof of onset of a specified compensable disease more than five years after first exposure.

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

28 C.F.R. § 79.36 Indication of the presence of hepatitis B or cirrhosis.

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

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