§ 7385d. Election of remedy for beryllium employees and atomic weapons employees

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.

1. 2000

   Pub. L. 106–398 § 1(dC)(tXXXVI)(s3645) · 114 Stat. 1654

   Enacted · 42 U.S.C. § 7385d

   Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3645], Oct. 30, 2000, 114 Stat. 1654, 1654A–510

   Source evidence

   Code source credit
   Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3645], Oct. 30, 2000, 114 Stat. 1654, 1654A–510

   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.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. C title XXXI § 3151(a)(5) · 115 Stat. 1012

   1. Amended · 42 U.S.C. § 7385d(a)(d)

      Pub. L. 107–107 amended headings and text of subsecs. (a) to (d) generally

   2. Substituted · 42 U.S.C. § 7385d(a)(d)

      Pub. L. 107–107 substituting present provisions for provisions relating to election to file suit in subsec. (a), applicable time limits in subsec. (b), dismissal of claims in subsec. (c), and dismissal of pending suit in subsec. (d)

   Source evidence

   Code amendment note
   Subsecs. (a) to (d). Pub. L. 107–107 amended headings and text of subsecs. (a) to (d) generally, substituting present provisions for provisions relating to election to file suit in subsec. (a), applicable time limits in subsec. (b), dismissal of claims in subsec. (c), and dismissal of pending suit in subsec. (d).

   Enacted provision · exact public law section
   (5) Election of Remedies.— Section 3645 (114 Stat. 1654A—510; 42 U.S.C. 7385d) is amended by amending subsections (a) through (d) to read as follows: “(a) Effect of Tort Cases Filed Before Enactment of Original Law.— (1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) before October 30, 2000, such individual shall be eligible for compensation and benefits under subtitle B. “(2) If such tort case remained pending as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, and such individual does not dismiss such tort case before December 31, 2003, such individual shall not be eligible for such compensation or benefits. “(b) Effect of Tort Cases Filed Between Enactment of Original Law and Enactment of 2001 Amendments.— (1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, such individual shall not be eligible for such compensation or benefits. “(2) If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation or benefits. “(3) The last permissible date referred to in paragraph (2) is the later of the following dates: “(A) April 30, 2003. “(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 3623. “(c) Effect of Tort Cases Filed After Enactment of 2001 Amendments.— (1) If an otherwise eligible individual files a tort case specified in subsection (d) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual in such tort case. “(2) If such a final court decision is not entered, such individual shall nonetheless not be eligible for such compensation or benefits, except as follows: If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation and benefits. “(3) The last permissible date referred to in paragraph (2) is the later of the following dates: “(A) April 30, 2003. “(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 3623. “(d) Covered Tort Cases.— A tort case specified in this subsection is a tort case alleging a claim referred to in section 3643 against a beryllium vendor or atomic weapons employer.”.

3 of 3 references resolved to an enrolled provision