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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4716 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4716

To establish a cause of action for those harmed by exposure to water at 
                 Camp Lejeune, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

  Mr. Tillis introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To establish a cause of action for those harmed by exposure to water at 
                 Camp Lejeune, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Camp Lejeune Justice Act of 2020''.

SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE.

    (a) In General.--An individual, including a veteran, or the legal 
representative of such an individual, who resided, worked, or was 
otherwise exposed (including in utero exposure) for not less than 30 
days during the period beginning August 1, 1953, and ending December 
31, 1987, to water at Camp Lejeune that was supplied by the United 
States or on its behalf may bring an action in the United States 
District Court of the Eastern District of North Carolina to obtain 
appropriate relief for harm which--
            (1) was caused by exposure to the water; or
            (2) was associated with exposure to the water.
    (b) Burden and Standard of Proof.--
            (1) In general.--The burden of proof shall be on the party 
        filing the action to show that the water proximately caused the 
        harm described in paragraphs (1) through (4) of subsection (a) 
        by a preponderance of the evidence.
            (2) Use of studies.--A study conducted on humans or 
        animals, or from an epidemiological study, which ruled out 
        chance and bias with reasonable confidence and which concluded, 
        with sufficient evidence, that exposure to the water described 
        in subsection (a) is one possible cause of the harm, shall be 
        sufficient to satisfy the burden of proof described under 
        paragraph (1).
    (c) Exclusive Jurisdiction and Venue.--The district court of the 
Eastern District of North Carolina shall have exclusive jurisdiction 
over any action under this section, and shall be the exclusive venue 
for such an action. Nothing in this subsection shall impair any party's 
right to a trial by jury.
    (d) Exclusive Remedy.--
            (1) In general.--An individual who brings an action under 
        this section for an injury, including a latent disease, may not 
        thereafter bring a tort action pursuant to any other law 
        against the United States for such harm.
            (2) No effect on disability benefits.--Any award under this 
        section shall not impede or limit the individual's continued or 
        future entitlement to disability awards, payments, or benefits 
        under any Veteran's Administration program.
    (e) Immunity Limitation.--The United States may not assert any 
claim to immunity in an action under this section which would otherwise 
be available under section 2680(a) of title 28, United States Code.
    (f) No Punitive Damages.--Punitive damages may not be awarded in 
any action under this Act.
    (g) Disposition by Federal Agency Required.--An individual may not 
bring an action under this section prior to complying with section 2675 
of title 28, United States Code.
    (h) Exception for Combatant Activities.--This section does not 
apply to any claim or action arising out of the combatant activities of 
the Armed Forces.
    (i) Period for Filing.--
            (1) Special rule.--In the case of harm which was discovered 
        prior to the date of the enactment of this section, the statute 
        of limitations is the later of--
                    (A) 2 years after the date of the enactment of this 
                section; or
                    (B) 180 days from the date on which the claim is 
                denied under section 2675 of title 28, United States 
                Code.
            (2) Statute of repose.--Any applicable statute of repose 
        does not apply to claims under this Act.
    (j) Effective Date.--This Act shall apply to a claim arising before 
the date of the enactment of this Act, if filed within two years of the 
date of enactment.
                                 <all>
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