Page:United States Statutes at Large Volume 114 Part 3.djvu/402

 114 STAT. 1654A-360 PUBLIC LAW 106-398—APPENDIX "§5107 Assistance to claimants; benefit of the doubt; burden of proof "(a) The Secretary shall assist a claimant in developing all facts pertinent to a claim for benefits under this title. Such assistance shall include requesting information as described in section 5106 of this title. The Secretary shall provide a medical examination when such examination may substantiate entitlement to the benefits sought. The Secretary may decide a claim without providing assistance under this subsection when no reasonable possibility exists that such assistance will aid in the establishment of entitlement. "(b) The Secretary shall consider all evidence and material of record in a case before the Department with respect to benefits under laws administered by the Secretary and shall give the claimant the benefit of the doubt when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of the matter. "(c) Except when otherwise provided by this title or by the Secretary in accordance with the provisions of this title, a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of proof.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 51 of that title is amended by striking the item relating to section 5017 and inserting the following new item: "5107 Assistance to claimants; benefit of the doubt; burden of proof.". TITLE XVII—ASSISTANCE TO FIREFIGHTERS Sec. 1701. Firefighter assistance. Sec. 1702. Volunteer fire assistance program. Sec. 1703. Bum research. Sec. 1704. Study and demonstration projects regarding cases of hepatitis C among certain emergency response employees. Sec. 1705. Report on progress on spectrum snaring. Sec. 1706. Sale or donation of excess defense property to assist firefighting agencies. Sec. 1707. Identification of defense technologies suitable for use, or conversion for use, in providing fire and emergency medical services. SEC. 1701. FIREFIGHTER ASSISTANCE. (a) IN GENERAL. — The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: "SEC. 33. FIREFIGHTER ASSISTANCE. "(a) DEFINITION OF FIREFIGHTING PERSONNEL.— In this section, the term 'firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. " (b) ASSISTANCE PROGRAM.— "(1) AUTHORITY. —In accordance with this section, the Director may— "(A) make grants on a competitive basis directly to fire departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards; and

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