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Title 28Chapter IPart 79 → Subpart D


Title 28: Judicial Administration
PART 79—CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT


Subpart D—Eligibility Criteria for Claims by Onsite Participants


Contents
§79.30   Scope of subpart.
§79.31   Definitions.
§79.32   Criteria for eligibility for claims by onsite participants.
§79.33   Proof of participation onsite during a period of atmospheric nuclear testing.
§79.34   Proof of medical condition.
§79.35   Proof of onset of leukemia at least two years after first exposure, and proof of onset of a specified compensable disease more than five years after first exposure.
§79.36   Indication of the presence of hepatitis B or cirrhosis.

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§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.

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§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:

Event nameDateLocation
Trinity07/16/45Trinity Test Site

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

Event nameDateLocation
Able07/01/46Bikini
Baker07/25/46Bikini

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

Event nameDateLocation
X-ray04/15/48Enewetak
Yoke05/01/48Enewetak
Zebra05/15/48Enewetak

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

Event nameDateLocation
Able01/27/51Nevada Test Site (“NTS”)
Baker01/28/51NTS
Easy02/01/51NTS
Baker-202/02/51NTS
Fox02/06/51NTS

(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:

Event nameDateLocation
Dog04/08/51Enewetak
Easy04/21/51Enewetak
George05/09/51Enewetak
Item05/25/51Enewetak

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

Event nameDateLocation
Able10/22/51NTS
Baker10/28/51NTS
Charlie10/30/51NTS
Dog11/01/51NTS
Sugar11/19/51NTS
Uncle11/29/51NTS

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

Event nameDateLocation
Able04/01/52NTS
Baker04/15/52NTS
Charlie04/22/52NTS
Dog05/01/52NTS
Easy05/07/52NTS
Fox05/25/52NTS
George06/01/52NTS

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

Event nameDateLocation
Mike11/01/52Enewetak
King11/16/52Enewetak

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

Event nameDateLocation
Annie03/17/53NTS
Nancy03/24/53NTS
Ruth03/31/53NTS
Dixie04/06/53NTS
Ray04/11/53NTS
Badger04/18/53NTS
Simon04/25/53NTS
Encore05/08/53NTS
Harry05/19/53NTS
Grable05/25/53NTS
Climax06/04/53NTS

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

Event nameDateLocation
Bravo03/01/54Bikini
Romeo03/27/54Bikini
Koon04/07/54Bikini
Union04/26/54Bikini
Yankee05/05/54Bikini
Nectar05/14/54Enewetak

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

Event nameDateLocation
Wasp02/18/55NTS
Moth02/22/55NTS
Tesla03/01/55NTS
Turk03/07/55NTS
Hornet03/12/55NTS
Bee03/22/55NTS
Ess03/23/55NTS
Apple-103/29/55NTS
Wasp Prime03/29/55NTS
Ha04/06/55NTS
Post04/09/55NTS
Met04/15/55NTS
Apple-205/05/55NTS
Zucchini05/15/55NTS

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

Event nameDateLocation
Wigwam05/14/55Pacific

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

Event nameDateLocation
Lacrosse05/05/56Enewetak
Cherokee05/21/56Bikini
Zuni05/28/56Bikini
Yuma05/28/56Enewetak
Erie05/31/56Enewetak
Seminole06/06/56Enewetak
Flathead06/12/56Bikini
Blackfoot06/12/56Enewetak
Kickapoo06/14/56Enewetak
Osage06/16/56Enewetak
Inca06/22/56Enewetak
Dakota06/26/56Bikini
Mohawk07/03/56Enewetak
Apache07/09/56Enewetak
Navajo07/11/56Bikini
Tewa07/21/56Bikini
Huron07/22/56Enewetak

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

Event nameDateLocation
Boltzmann05/28/57NTS
Franklin06/02/57NTS
Lassen06/05/57NTS
Wilson06/18/57NTS
Priscilla06/24/57NTS
Hood07/05/57NTS
Diablo07/15/57NTS
John07/19/57NTS
Kepler07/24/57NTS
Owens07/25/57NTS
Stokes08/07/57NTS
Shasta08/18/57NTS
Doppler08/23/57NTS
Franklin Prime08/30/57NTS
Smoky08/31/57NTS
Galileo09/02/57NTS
Wheeler09/06/57NTS
Laplace09/08/57NTS
Fizeau09/14/57NTS
Newton09/16/57NTS
Whitney09/23/57NTS
Charleston09/28/57NTS
Morgan10/07/57NTS

(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:

Event nameDateLocation
Yucca04/28/58Pacific
Cactus05/06/58Enewetak
Fir05/12/58Bikini
Butternut05/12/58Enewetak
Koa05/13/58Enewetak
Wahoo05/16/58Enewetak
Holly05/21/58Enewetak
Nutmeg05/22/58Bikini
Yellowwood05/26/58Enewetak
Magnolia05/27/58Enewetak
Tobacco05/30/58Enewetak
Sycamore05/31/58Bikini
Rose06/03/58Enewetak
Umbrella06/09/58Enewetak
Maple06/11/58Bikini
Aspen06/15/58Bikini
Walnut06/15/58Enewetak
Linden06/18/58Enewetak
Redwood06/28/58Bikini
Elder06/28/58Enewetak
Oak06/29/58Enewetak
Hickory06/29/58Bikini
Sequoia07/02/58Enewetak
Cedar07/03/58Bikini
Dogwood07/06/58Enewetak
Poplar07/12/58Bikini
Scaevola07/14/58Enewetak
Pisonia07/18/58Enewetak
Juniper07/22/58Bikini
Olive07/23/58Enewetak
Pine07/27/58Enewetak
Teak07/31/58Johnston Isl
Qunice08/06/58Enewetak
Orange08/11/58Johnston Isl
Fig08/18/58Enewetak

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

Event nameDateLocation
Argus I08/27/58South Atlantic
Argus II08/30/58South Atlantic
Argus III09/06/58South Atlantic

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

Event nameDateLocation
Eddy09/19/58NTS
Mora09/29/58NTS
Quay10/10/58NTS
Lea10/13/58NTS
Hamilton10/15/58NTS
Dona Ana10/16/58NTS
Rio Arriba10/18/58NTS
Socorro10/22/58NTS
Wrangell10/22/58NTS
Rushmore10/22/58NTS
Sanford10/26/58NTS
De Baca10/26/58NTS
Humboldt10/29/58NTS
Mazama10/29/58NTS
Santa Fe10/30/58NTS

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

Event nameDateLocation
Adobe04/25/62Christmas Isl
Aztec04/27/62Christmas Isl
Arkansas05/02/62Christmas Isl
Questa05/04/62Christmas Isl
Frigate Bird05/06/62Pacific
Yukon05/08/62Christmas Isl
Mesilla05/09/62Christmas Isl
Muskegon05/11/62Christmas Isl
Swordfish05/11/62Pacific
Encino05/12/62Christmas Isl
Swanee05/14/62Christmas Isl
Chetco05/19/62Christmas Isl
Tanana05/25/62Christmas Isl
Nambe05/27/62Christmas Isl
Alma06/08/62Christmas Isl
Truckee06/09/62Christmas Isl
Yeso06/10/62Christmas Isl
Harlem06/12/62Christmas Isl
Rinconada06/15/62Christmas Isl
Dulce06/17/62Christmas Isl
Petit06/19/62Christmas Isl
Otowi06/22/62Christmas Isl
Bighorn06/27/62Christmas Isl
Bluestone06/30/62Christmas Isl
Starfish07/08/62Johnston Isl
Sunset07/10/62Christmas Isl
Pamlico07/11/62Christmas Isl
Androscoggin10/02/62Johnston Isl
Bumping10/06/62Johnston Isl
Chama10/18/62Johnston Isl
Checkmate10/19/62Johnston Isl
Bluegill10/25/62Johnston Isl
Calamity10/27/62Johnston Isl
Housatonic10/30/62Johnston Isl
Kingfish11/01/62Johnston Isl
Tightrope11/03/62Johnston Isl

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

Event nameDateLocation
Little Feller II07/07/62NTS
Johnie Boy07/11/62NTS
Small Boy07/14/62NTS
Little Feller I07/17/62NTS

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

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§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).

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§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).

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§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.

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§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.

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§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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