Page:United States Statutes at Large Volume 114 Part 3.djvu/551

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-509 Subtitle C—Treatment, Coordination, and Forfeiture of Compensation and Benefits SEC. 3641. OFFSET FOR CERTAIN PAYMENTS. A payment of compensation to an individual, or to a survivor of that individual, under subtitle B shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by that individual on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 3627), or covered uranium employee (as defined in section 3630), while so employed, to beryllium, radiation, silica, or radiation, respectively. SEC. 3642. SUBROGATION OF THE UNITED STATES. Upon payment of compensation under subtitle B, the United States is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in section 3641. SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS. The acceptance by an individual of payment of compensation under subtitle B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person's performance of a contract with the United States, that arise out of an exposure referred to in section 3641. SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS. (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— (Dof— (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

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