I 

117TH CONGRESS 

1ST SESSION H. R. 2192 

To provide for recovery by individuals who were stationed, lived, or worked 

at Camp Lejeune, for certain actions of omissions by the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. CARTWRIGHT (for himself, Mr. MURPHY of North Carolina, Mr. PRICE

of North Carolina, Ms. ADAMS, Mr. BUDD, Mr. BUTTERFIELD, Mr. HASTINGS, Mr. HUDSON, Mr. LIEU, Ms. MANNING, Mr. MCHENRY, Ms. NORTON, Mr. RASKIN, Ms. ROSS, and Mr. ROUZER) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for recovery by individuals who were stationed, 

lived, or worked at Camp Lejeune, for certain actions 

of omissions by the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Camp Lejeune Justice 

5 Act of 2021’’. 


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1 SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER 

2 AT CAMP LEJEUNE. 

3 (a) IN GENERAL.—An individual, including a vet4 eran, or the legal representative of such an individual, who 

5 resided, worked, or was otherwise exposed (including in 

6 utero exposure) for not less than 30 days during the pe7 riod beginning August 1, 1953, and ending December 31, 

8 1987, to water at Camp Lejeune that was supplied by the 

9 United States or on its behalf may bring an action in the 

10 United States District Court for the Eastern District of 

11 North Carolina to obtain appropriate relief for harm 

12 which— 

13 (1) was caused by exposure to the water; 

14 (2) was associated with exposure to the water; 

15 (3) was linked to exposure to the water; or 

16 (4) the exposure to the water increased the like17 lihood of such harm. 

18 (b) BURDEN AND STANDARD OF PROOF.— 

19 (1) IN GENERAL.—The burden of proof shall be 

20 on the party filing the action to show one or more 

21 relationship between the water and the harm de22 scribed in paragraphs (1) through (4) of subsection 

23 (a) by a preponderance of the evidence. 

24 (2) USE OF STUDIES.—A study conducted on 

25 humans or animals, or from an epidemiological 

26 study, which ruled out chance and bias with reasonVerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192

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1 able confidence and which concluded, with sufficient 

2 evidence, that exposure to the water described in 

3 subsection (a) is one possible cause of the harm, 

4 shall be sufficient to satisfy the burden of proof de5 scribed under paragraph (1). 

6 (c) EXCLUSIVE JURISDICTION AND VENUE.—The 

7 district court for the Eastern District of North Carolina 

8 shall have exclusive jurisdiction over any action under this 

9 section, and shall be the exclusive venue for such an ac10 tion. Nothing in this subsection shall impair any party’s 

11 right to a trial by jury. 

12 (d) EXCLUSIVE REMEDY.— 

13 (1) IN GENERAL.—An individual who brings an 

14 action under this section for an injury, including a 

15 latent disease, may not thereafter bring a tort action 

16 pursuant to any other law against the United States 

17 for such harm. 

18 (2) NO EFFECT ON DISABILITY BENEFITS.— 

19 Any award under this section shall have not impede 

20 or limit the individual’s continued or future entitle21 ment to disability awards, payments, or benefits 

22 under any Veteran’s Administration program. 

23 (e) IMMUNITY LIMITATION.—The United States may 

24 not assert any claim to immunity in an action under this 


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1 section which would otherwise be available under section 

2 2680(a) of title 28, United States Code. 

3 (f) NO PUNITIVE DAMAGES.—Punitive damages may 

4 not be awarded in any action under this Act. 

5 (g) DISPOSITION BY FEDERAL AGENCY RE6 QUIRED.—An individual may not bring an action under 

7 this section prior to complying with section 2675 of title 

8 28, United States Code. 

9 (h) ATTORNEY FEES.—Attorney fees for services 

10 provided to an individual seeking a remedy under this sec11 tion shall be in accordance with section 2678 of title 28, 

12 United States Code. 

13 (i) EXCEPTION FOR COMBATANT ACTIVITIES.—This 

14 section does not apply to any claim or action arising out 

15 of the combatant activities of the Armed Forces. 

16 (j) PERIOD FOR FILING.— 

17 (1) IN GENERAL.—The statute of limitations 

18 for an action under this section is the later of— 

19 (A) 2 years from the date on which the 

20 harm occurred or was discovered, whichever is 

21 later; or 

22 (B) 180 days from the date on which the 

23 claim is denied under section 2675 of title 28, 

24 United States Code. 


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1 (2) SPECIAL RULE.—In the case of harm which 

2 was discovered prior to the date of the enactment of 

3 this section, the statute of limitations is the later 

4 of— 

5 (A) 2 years after the date of the enactment 

6 of this section; or 

7 (B) 180 days from the date on which the 

8 claim is denied under section 2675 of title 28, 

9 United States Code. 

10 (3) STATUTE OF REPOSE.—Any applicable stat11 ute of repose does not apply to claims under this 

12 Act. 

13 (k) EFFECTIVE DATE.—This Act shall apply to— 

14 (1) a claim arising on or after the date of the 

15 enactment of this Act; and 

16 (2) a claim arising before the date of the enact17 ment of this Act, if filed within two years of the date 

18 of enactment. 

Æ 


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