[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: 28CFR79.71]

[Page 352-356]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
                          Subpart H--Procedures
 
Sec. 79.71  Filing of claims.

    (a) All claims for compensation under the Act must be in writing and 
submitted on a standard form designated by the Assistant Director for 
the filing of compensation claims. Except as specifically provided in 
these regulations, the claimant or eligible surviving beneficiary must 
furnish the medical documentation required by these regulations with his 
or her standard form. Except as specifically provided in these 
regulations, the claimant or eligible surviving beneficiary must also 
provide with the standard form any records establishing his or her 
physical presence in an affected area, onsite participation, employment 
in a uranium mine or mill, or employment as an ore transporter, in 
accordance with these regulations. The standard form must be completed, 
signed under oath either by a person eligible to file a claim under the 
Act or by that person's legal guardian, and mailed with supporting 
documentation to the following address: Radiation Exposure Compensation 
Program, U.S. Department of Justice, P.O. Box 146, Ben Franklin Station, 
Washington, DC 20044-0146. Copies of the standard form, as well as the 
regulations, guidelines, and other information, may be obtained by 
requesting the document or publications from the Assistant Director at 
the address indicated above or by accessing the Program's website at 
www.usdoj.gov/reca.
    (b) The Assistant Director will file a claim after receipt of the 
standard form with supporting documentation and examination for 
substantial compliance with these regulations. The date of filing shall 
be recorded by a stamp on the face of the standard form. The Assistant 
Director shall file only claims that substantially comply with 
Sec. 79.71(a) of these regulations. If a claim substantially fails to 
comply with the aforementioned section, the Assistant Director shall 
promptly return the claim unfiled to the sender with a statement 
identifying the reason(s) why the claim does not comply with the 
regulations. The sender may return the claim to the Assistant Director 
after correcting the deficiencies. For those cases that are filed, the 
Assistant Director shall promptly acknowledge receipt of the claim with 
a letter identifying the number assigned to the claim, the date the 
claim was filed, and the period within which the Assistant Director must 
act on the claim.
    (c) The following persons or their legal guardians are eligible to 
file claims for compensation under the Act in the order listed below:
    (1) The claimant;
    (2) If the claimant is deceased, the spouse of the claimant;
    (3) If there is no surviving spouse, a child of the claimant;
    (4) If there is no surviving spouse or child, a parent of the 
claimant;
    (5) If there is no surviving spouse, child or parent, a grandchild 
of the claimant; or

[[Page 353]]

    (6) If there is no surviving spouse, child, parent or grandchild, a 
grandparent of the claimant.
    (7) Only the above-mentioned beneficiaries are eligible to file a 
claim on behalf of the claimant.
    (d) The identity of the claimant must be established by submitting a 
birth certificate or one of the documents identified in Sec. 79.14(a) of 
these regulations when the person has no birth certificate. 
Additionally, documentation demonstrating any and all name changes must 
be provided.
    (e) (1) The spouse of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the following documents to establish a marriage to the 
claimant:
    (A) The public record of marriage;
    (B) A certificate of marriage;
    (C) The religious record of marriage; or
    (D) A judicial or other governmental determination that a valid 
marriage existed, such as the final opinion or order of a probate court 
or a determination of the Social Security Administration that the 
claimant is the spouse of the decedent;
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable); and
    (v) An affidavit (or declaration under oath on the standard claim 
form) stating that the spouse was married to the claimant for at least 
one year immediately prior to the claimant's death.
    (2) If the spouse is a member of an Indian Tribe, he or she need not 
provide any of the documents listed in paragraph (e)(1) of this section 
at the time the claim is filed (although these records may later be 
required), but should instead furnish a signed release of private 
information that the Assistant Director will use to obtain a statement 
of verification of all of the information listed above directly from the 
tribal records custodian. In identifying those individuals eligible to 
receive compensation by virtue of marriage, relationship, or 
survivorship, the Assistant Director shall, to the maximum extent 
practicable, take into consideration and give effect to established law, 
tradition, and custom of the particular affected Indian tribe.
    (f)(1) A child of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each of the other children of the 
claimant (if applicable);
    (vi) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant; and
    (B) That the claimant had no other children, or, if the claimant did 
have other children, the name of each child, the date and place of birth 
of each child, and the date and place of death or current address of 
each child; and
    (vii) One of the following:
    (A) In the case of a natural child, a birth certificate showing that 
the claimant was the child's parent, or a judicial decree identifying 
the claimant as the child's parent;
    (B) In the case of an adopted child, the judicial decree of 
adoption; or
    (C) In the case of a stepchild, evidence of birth to the spouse of 
the claimant as outlined above, and records reflecting that the 
stepchild lived with the claimant in a regular parent-child 
relationship.
    (2) If the child is a member of an Indian Tribe, he or she need not 
provide any of the documents listed above in paragraph (f)(1) of this 
section at the time the claim is filed (although these records may later 
be required), but

[[Page 354]]

should instead furnish a signed release of private information that the 
Assistant Director will use to obtain a statement of verification of all 
of the information listed above directly from the tribal records 
custodian. In identifying those individuals eligible to receive 
compensation by virtue of survivorship, the Assistant Director shall, to 
the maximum extent practicable, take into consideration and give effect 
to established law, tradition, and custom of the particular affected 
Indian tribe.
    (g)(1) A parent of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for the other parent(s) (if applicable);
    (vii) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child; and
    (C) The name and address, or date and place of death, of the other 
parent(s) of the claimant; and
    (viii) One of the following:
    (A) In the case of a natural parent, a birth certificate showing 
that the claimant was the parent's child, or a judicial decree 
identifying the claimant as the parent's child; or
    (B) In the case of an adoptive parent, the judicial decree of 
adoption.
    (2) If the parent is a member of an Indian Tribe, he or she need not 
provide any of the documents listed in paragraph (g)(1) of this section 
at the time the claim is filed (although these records may later be 
required), but should instead furnish a signed release of private 
information that the Assistant Director will use to obtain a statement 
of verification of all of the information listed above directly from the 
tribal records custodian. In identifying those individuals eligible to 
receive compensation by virtue of survivorship, the Assistant Director 
shall, to the maximum extent practicable, take into consideration and 
give effect to established law, tradition, and custom of the particular 
affected Indian tribe.
    (h)(1) A grandchild of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant;
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each of the other grandchildren of the 
claimant (if applicable);
    (viii) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) The name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the dates 
and places of death of each parent; and
    (D) That the claimant had no other grandchildren, or, if the 
claimant did

[[Page 355]]

have other grandchildren, the name of each grandchild, the date and 
place of birth of each grandchild, and the date and place of death or 
current address of each child; and
    (ix) One of the following:
    (A) In the case of a natural grandchild, a combination of birth 
certificates showing that the claimant was the grandchild's grandparent;
    (B) In the case of an adopted grandchild, a combination of judicial 
records and birth certificates showing that the claimant was the 
grandchild's grandparent; or
    (C) In the case of a stepgrandchild, evidence of birth to the spouse 
of the child of the claimant, as outlined above, and records reflecting 
that the stepchild lived with a child of the claimant in a regular 
parent-child relationship.
    (2) If the grandchild is a member of an Indian Tribe, he or she need 
not provide any of the documents listed above in paragraph (h)(1) of 
this section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian tribe.
    (i)(1) A grandparent of the claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant,
    (iii) One of the documents listed in paragraph (e)(3) of this 
section to establish each marriage to the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each grandchild of the claimant (if 
applicable);
    (viii) A death certificate for each of the other grandparents of the 
claimant (if applicable);
    (ix) An affidavit stating the following:
    (A) That the claimant was never married, or if the claimant was ever 
married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the dates 
and places of death of each parent;
    (D) That the claimant had no grandchildren, or, if the claimant did 
have grandchildren, the name of each grandchild, the date and place of 
birth of each grandchild, and the date and place of death of each 
grandchild; and
    (E) The names of all other grandparents of the claimant together 
with the dates and places of birth of each grandparent, and the dates 
and places of death of each other grandparent or the current address of 
each other grandparent; and
    (x) One of the following:
    (A) In the case of a natural grandparent, a combination of birth 
certificates showing that the claimant was the grandparent's grandchild;
    (B) In the case of an adoptive grandparent, a combination of 
judicial records showing that the claimant was the grandparent's 
grandchild.
    (2) If the grandparent is a member of an Indian Tribe, he or she 
need not provide any of the documents listed above in paragraph (i)(1) 
of this section at the time the claim is filed (although these records 
may later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed above 
directly from the tribal records custodian. In identifying

[[Page 356]]

those individuals eligible to receive compensation by virtue of 
survivorship, the Assistant Director shall, to the maximum extent 
practicable, take into consideration and give effect to established law, 
tradition, and custom of the particular affected Indian tribe.
    (j) A claim that was filed and denied may be filed again in those 
cases where the claimant or eligible surviving beneficiary obtains 
documentation that he or she did not possess when the claim was filed 
previously and that redresses the deficiency for which the claim was 
denied, including, where applicable, documentation addressing:
    (1) An injury specified in the Act;
    (2) Residency in the affected area;
    (3) Onsite participation in a nuclear test;
    (4) Exposure to 40 WLMs of radiation while employed in a uranium 
mine or mines during the designated time period;
    (5) Employment for one year (12 consecutive or cumulative months) as 
a miller or ore transporter; or
    (6) The identity of the claimant and/or the eligible surviving 
beneficiary.
    (k) A claimant or eligible surviving beneficiary may not refile a 
claim more than two times. Claims filed prior to July 10, 2000, will not 
be included in determining the number of claims filed.