28 CFR § 79.12 - Criteria for eligibility for claims relating to leukemia.

---
identifier: "/us/cfr/t28/s79.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 79.12 - Criteria for eligibility for claims relating to leukemia."
title_number: 28
title_name: "Judicial Administration"
section_number: "79.12"
section_name: "Criteria for eligibility for claims relating to leukemia."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "79"
part_name: "CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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))."
regulatory_source: "Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted."
cfr_part: "79"
---


# 79.12 Criteria for eligibility for claims relating to leukemia.

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.