114 STAT. 1654A-510 PUBLIC LAW 106-398—APPENDIX (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.—T his section applies to all cases filed on or after the date of the enactment of this Act. (c) WORKERS' COMPENSATION.— This section does not apply to an administrative or judicial proceeding under a Federal or State workers' compensation law. SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND ATOMIC WEAPONS EMPLOYEES. (a) ELECTION TO FILE SUIT. —If a tort case is filed after the date of the enactment of this Act, alleging a claim referred to in section 3643 against a beryllium vendor or atomic weapons employer, the plaintiff shall not be eligible for compensation or benefits under subtitle B unless the plaintiff files such case within the applicable time limits in subsection (b). (b) APPLICABLE TIME LIMITS.— ^A case described in subsection (a) shall be filed not later than the later of— (1) the date that is 30 months after the date of the enactment of this Act; or (2) the date that is 30 months after the date the plaintiff 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. (c) DISMISSAL OF CLAIMS. —Unless a case filed under subsection (a) is dismissed prior to the time limits in subsection (b), the plaintiff shall not be eligible for compensation under subtitle B. (d) DISMISSAL OF PENDING SUIT.— If a tort case was filed on or before the date of the enactment of this Act, alleging a claim referred to in section 3643 against a beryllium vendor or atomic weapons employer, the plaintiff shall not be eligible for compensation or benefits under subtitle B unless the plaintiff dismisses such case not later than December 31, 2003. (e) WORKERS' COMPENSATION.— This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law. SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS. Compensation or benefits provided to an individual under subtitle B— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section
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