§ 7385c. Exclusivity of remedy against the United States and against contractors and subcontractors

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(a)In general The liability of the United States or an instrumentality of the United States under this subchapter 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 October 30, 2000.

(c)Workers’ compensation This section does not apply to an administrative or judicial proceeding under a Federal or State workers’ compensation law.

(d)Applicability to part E This section applies with respect to part 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 part B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004, 118 Stat. 2186.)

Connections2 cite this

Cited by 2 sections

statute-compilations

Sec. 3644
EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS

statutes-at-large

Public Law 108–375
To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes

5 references not yet in our index

Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644]
114 Stat. 1654
Pub. L. 108–375, div. C, title XXXI, § 3162(d)
118 Stat. 2186
Pub. L. 108–375

Citation graph

cites case law

§ 7385c

Exclusivity of remedy against the United States and against contractors and subcontractors

Stat. Comp.×1

Stat.×1

Pub. L.Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644]

Stat.114 Stat. 1654

Pub. L.Pub. L. 108–375, div. C, title XXXI, § 3162(d)

Stat.118 Stat. 2186

Pub. L.Pub. L. 108–375

Cites 5Cited by 2 across 2 sources