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.
authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (
42 U.S.C. 2210 note;
5 U.S.C. 500(b))
source: Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted.
cite as: 28 CFR 79.12