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