republic-os/legal/us/code/title-42/chapter-84/section-7385c.md

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LegalText	42 U.S.C. § 7385c	Exclusivity of remedy against the United States and against contractors and subcontractors	us	united_states_code	code_section	42	THE PUBLIC HEALTH AND WELFARE	84	DEPARTMENT OF ENERGY	7385c	42 U.S.C. § 7385c	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip	/us/usc/t42/s7385c	data/legal/raw/us/code/title-42/usc42.xml	0ff5ea6c731d71806e33eabd8f158f08142e3fe739fb667b62225344a21ada41	644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e	195b45085614d9c40af6b42dbf747a639dca1b55af2765ef49c409e2bf28b6da	2026-07-04	official	legal us-code

42 U.S.C. § 7385c - Exclusivity of remedy against the United States and against contractors and subcontractors

Text

(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.)

Notes

Editorial Notes

Amendments2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).