[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.13]

[Page 338-339]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
     Subpart B--Eligibility Criteria for Claims Relating to Leukemia
 
Sec. 79.13  Proof of physical presence for the requisite period and proof of participation onsite during a period of atmospheric nuclear testing.

    (a) Proof of physical presence may be made by the submission of any 
trustworthy contemporaneous records that, on their face or in 
conjunction with other such records, establish 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 that has tax-exempt status 
under section 501(c)(3) of the United States Internal Revenue Code;
    (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).

[[Page 339]]

    (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 Sec. 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's presence within the affected area for 
the period between the two dates reflected in the documentation 
submitted as proof of presence.
    (e) For purposes of establishing eligibility under Sec. 79.12(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.
    (f) For purposes of establishing eligibility under Sec. 79.12(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 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.
    (g) For purposes of establishing eligibility under Sec. 79.12(a)(2), 
the Program will presume that proof of residence or proof of full-time 
employment within the affected area at least one day during the period 
beginning June 30, 1962, and ending July 31, 1962, and proof of 
residence or proof of full-time employment at the same address within 
six months before June 30, 1962, and six months after July 31, 1962, 
establishes the claimant's physical presence for the necessary one-
month-and-one-day period.
    (h) For purposes of establishing eligibility under Sec. 79.12(a)(2), 
the Program will presume that proof of residence or full-time employment 
at the same address or location on two separate dates at least 14 days 
apart within the time period beginning June 30, 1962, and ending July 
31, 1962, establishes the claimant's physical presence for the necessary 
one-month-and-one-day period.
    (i) For purposes of establishing eligibility under Sec. 79.12(a)(3), 
the claimant must establish, in accordance with Sec. 79.33, that he or 
she participated onsite in the atmospheric detonation of a nuclear 
device.