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

Statutory text

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—

of—

the United States;

any instrumentality of the United States;

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);

a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and

an employee, agent, or assign of an entity specified in subparagraphs (A) through (D);

to—

the covered employee;

the covered employee’s legal representative, spouse, dependents, survivors, and next of kin; and

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.

Applicability

This section applies to all cases filed on or after October 30, 2000.

Workers’ compensation

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

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2000
Pub. L. 106–398 § 1(dC)(tXXXVI)(s3644) · 114 Stat. 1654
Enacted · 42 U.S.C. § 7385c
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509
Source evidence
Code source credit
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. C title XXXI § 3162(d) · 118 Stat. 1811
Added · 42 U.S.C. § 7385c(d)
Pub. L. 108–375 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 108–375 added subsec. (d).
Enacted provision · exact public law section
(d) Exclusivity of Remedy.— Section 3644 of such Act (42 U.S.C. 7385c(a)) is amended by adding at the end the following new subsection: “(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.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).

Credits

2000–2004 · 2 acts

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

Show as published

(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.)