Sec. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS
400 words·~2 min read·
/statute-compilations/comps-10420/sec-3644A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 3644 EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS **[**[42 U.S.C. 7385c](/us/usc/t42/s7385c)**]** ###
(a)In General The liability of the United States or an instrumentality of the United States under this title with respect to a cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability— ####
(1)of— #####
(A)the United States; #####
(B)any instrumentality of the United States; #####
(C)a contractor that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor); #####
(D)a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and #####
(E)an employee, agent, or assign of an entity specified in subparagraphs
(A)through (D); ####
(2)to— #####
(A)the covered employee; #####
(B)the covered employee's legal representative, spouse, dependents, survivors and next of kin; and #####
(C)any other person, including any third party as to whom the covered employee, or the covered employee's legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the employee, agent, or assign of one of them; because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a proceeding in admiralty, or a proceeding under a tort liability statute or the common law. ###
(b)Applicability This section applies to all cases filed on or after the date of the enactment of this Act. ###
(c)Workers' Compensation This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law. ###
(d)Applicability to Subtitle E This section applies with respect to subtitle E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to subtitle B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 3644
EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS
Cites 1Cited by 0 across 0 sources