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).
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 79.32