II 

117TH CONGRESS 

1ST SESSION S. 3176 

To establish a cause of action for those harmed by exposure to water at 

Camp Lejeune, North Carolina, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2021 

Mr. TILLIS (for himself, Mr. BLUMENTHAL, Mr. BURR, and Mr. PETERS) 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, North Carolina, and for 

other purposes. 

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’’. 

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

7 AT CAMP LEJEUNE, NORTH CAROLINA. 

8 (a) IN GENERAL.—An individual, including a veteran 

9 (as defined in section 101 of title 38, United States Code), 


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1 or the legal representative of such an individual, who re2 sided, worked, or was otherwise exposed (including in 

3 utero exposure) for not less than 30 days during the pe4 riod beginning on August 1, 1953, and ending on Decem5 ber 31, 1987, to water at Camp Lejeune, North Carolina, 

6 that was supplied by, or on behalf of, the United States 

7 may bring an action in the United States District Court 

8 for the Eastern District of North Carolina to obtain ap9 propriate relief for harm that was caused by exposure to 

10 the water at Camp Lejeune. 

11 (b) BURDENS AND STANDARD OF PROOF.— 

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

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

14 relationships between the water at Camp Lejeune 

15 and the harm. 

16 (2) STANDARDS.—To meet the burden of proof 

17 described in paragraph (1), a party shall produce 

18 evidence showing that the relationship between expo19 sure to the water at Camp Lejeune and the harm 

20 is— 

21 (A) sufficient to conclude that a causal re22 lationship exists; or 

23 (B) sufficient to conclude that a causal re24 lationship is at least as likely as not. 


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1 (c) EXCLUSIVE JURISDICTION AND VENUE.—The 

2 United States District Court for the Eastern District of 

3 North Carolina shall have exclusive jurisdiction over any 

4 action filed under subsection (a), and shall be the exclusive 

5 venue for such an action. Nothing in this subsection shall 

6 impair the right of any party to a trial by jury. 

7 (d) EXCLUSIVE REMEDY.— 

8 (1) IN GENERAL.—An individual, or legal rep9 resentative of an individual, who brings an action 

10 under this section for a harm described in subsection 

11 (a), including a latent disease, may not thereafter 

12 bring a tort action against the United States for 

13 such harm pursuant to any other law. 

14 (2) HEALTH AND DISABILITY BENEFITS RELAT15 ING TO WATER EXPOSURE.—Any award made to an 

16 individual, or legal representative of an individual, 

17 under this section shall be offset by the amount of 

18 any disability award, payment, or benefit provided to 

19 the individual, or legal representative— 

20 (A) under— 

21 (i) any program under the laws ad22 ministered by the Secretary of Veterans 

23 Affairs; 


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1 (ii) the Medicare program under title 

2 XVIII of the Social Security Act (42 

3 U.S.C. 1395 et seq.); or 

4 (iii) the Medicaid program under title 

5 XIX of the Social Security Act (42 U.S.C. 

6 1396 et seq.); and 

7 (B) in connection with health care or a dis8 ability relating to exposure to the water at 

9 Camp Lejeune. 

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

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

12 section that would otherwise be available under section 

13 2680(a) of title 28, United States Code. 

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

15 not be awarded in any action under this section. 

16 (g) DISPOSITION BY FEDERAL AGENCY RE17 QUIRED.—An individual may not bring an action under 

18 this section before complying with section 2675 of title 28, 

19 United States Code. 

20 (h) EXCEPTION FOR COMBATANT ACTIVITIES.—This 

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

22 of the combatant activities of the Armed Forces. 

23 (i) APPLICABILITY; PERIOD FOR FILING.— 


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1 (1) APPLICABILITY.—This section shall apply 

2 only to a claim arising before the date of enactment 

3 of this Act. 

4 (2) STATUTE OF LIMITATIONS.—A claim in an 

5 action under this section may not be commenced 

6 after the later of— 

7 (A) the date that is 2 years after the date 

8 of enactment of this Act; or 

9 (B) the date that is 180 days after the 

10 date on which the claim is denied under section 

11 2675 of title 28, United States Code. 

12 (3) INAPPLICABILITY OF OTHER LIMITA13 TIONS.—Any applicable statute of repose or statute 

14 of limitations, other than under paragraph (2), shall 

15 not apply to a claim under this section. 

Æ 


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