SEC. 706. FEDERAL CAUSE OF ACTION RELATING TO 
WATER AT CAMP LEJEUNE, NORTH CARO-
LINA. 
(a) IN GENERAL.—An individual, including a veteran 
(as defined in section 101 of title 38, United States Code), 
or the legal representative of such an individual, who re-
sided, worked, or was otherwise exposed (including in 
utero exposure) for not less than 30 days during the pe-
riod beginning on August 1, 1953, and ending on Decem-
ber 31, 1987, to water at Camp Lejeune, North Carolina, 
that was supplied by, or on behalf of, the United States 
may bring an action in the United States District Court 
for the Eastern District of North Carolina to obtain ap-
propriate relief for harm that was caused by exposure to 
the water at Camp Lejeune. 
(b) BURDENS AND STANDARD OF PROOF.— 
(1) IN GENERAL.—The burden of proof shall be 
on the party filing the action to show one or more 
relationships between the water at Camp Lejeune 
and the harm. 
(2) STANDARDS.—To meet the burden of proof 
described in paragraph (1), a party shall produce 
evidence showing that the relationship between expo-
sure to the water at Camp Lejeune and the harm 
is—
(A) sufficient to conclude that a causal re-
lationship exists; or 
(B) sufficient to conclude that a causal re-
lationship is at least as likely as not. 
(c) EXCLUSIVE JURISDICTION
AND VENUE.—The 
United States District Court for the Eastern District of 
North Carolina shall have exclusive jurisdiction over any 
action filed under subsection (a), and shall be the exclusive 
venue for such an action. Nothing in this subsection shall 
impair the right of any party to a trial by jury. 
(d) EXCLUSIVE REMEDY.— 
(1) IN GENERAL.—An individual, or legal rep-
resentative of an individual, who brings an action 
under this section for a harm described in subsection 
(a), including a latent disease, may not thereafter 
bring a tort action against the United States for 
such harm pursuant to any other law. 
(2) HEALTH AND DISABILITY BENEFITS RELAT-
ING TO WATER EXPOSURE.—Any award made to an 
individual, or legal representative of an individual, 
under this section shall be offset by the amount of 
any disability award, payment, or benefit provided to 
the individual, or legal representative— 
(A) under—
100 
(i) any program under the laws ad-
ministered by the Secretary of Veterans 
Affairs; 
(ii) the Medicare program under title 
XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.); or 
(iii) the Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 
1396 et seq.); and 
(B) in connection with health care or a dis-
ability relating to exposure to the water at 
Camp Lejeune. 
(e) IMMUNITY LIMITATION.—The United States may 
not assert any claim to immunity in an action under this 
section that 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 section. 
(g) 
DISPOSITION
BY
FEDERAL
AGENCY
RE-
QUIRED.—An individual may not bring an action under 
this section before 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.
101 
(i) APPLICABILITY; PERIOD FOR FILING.— 
(1) APPLICABILITY.—This section shall apply 
only to a claim accruing before the date of enact-
ment of this Act. 
(2) STATUTE OF LIMITATIONS.—A claim in an 
action under this section may not be commenced 
after the later of— 
(A) the date that is two years after the 
date of enactment of this Act; or 
(B) the date that is 180 days after the 
date on which the claim is denied under section 
2675 of title 28, United States Code. 
(3) 
INAPPLICABILITY
OF
OTHER
LIMITA-
TIONS.—Any applicable statute of repose or statute 
of limitations, other than under paragraph (2), shall 
not apply to a claim under this section. 
SEC. 707. VETERANS TOXIC EXPOSURES FUND. 
Chapter 3 is amended by adding at the end the fol-
lowing new section: 
‘‘§ 324. Veterans Toxic Exposures Fund 
‘‘(a) ESTABLISHMENT.—There is hereby established 
in the Treasury of the United States an account to be 
known as the ‘‘Veterans Toxic Exposures Fund’’ (the 
‘‘Fund’’), to be administered through the Department of 
Veterans Affairs, to provide for investment in the delivery
102 
of veterans’ health care, research, and benefits associated 
with hazardous exposure in service. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Fund for fiscal 
year 2023 and each subsequent fiscal year such sums as 
are necessary to increase funding, over the fiscal year 
2021 level for the Veterans Health Administration of the 
Department of Veterans Affairs, for any expenses incident 
to the delivery of veterans’ health care and benefits associ-
ated with exposure to environmental hazards in service, 
including administrative expenses, such as claims proc-
essing and appeals, and for medical research related to 
hazardous exposures. Amounts appropriated to the Fund 
pursuant to this subsection shall be counted as direct 
spending under the Congressional Budget and Impound-
ment Control Act of 1974 and any other Act. 
‘‘(c) ESTIMATES FOR CONGRESSIONAL CONSIDER-
ATION.—The Secretary shall include in documents sub-
mitted to Congress in support of the President’s budget 
submitted pursuant to section 1105 of title 31, United 
States Code, detailed estimates of the sums described in 
subsection (b) for the applicable fiscal year. 
‘‘(d) PROCEDURES FOR ESTIMATES.—The Secretary, 
after consultation with the Committees on Appropriations 
of the House of Representatives and the Senate, may es-
103 
tablish policies and procedures for developing the annual 
detailed estimates required in subsection (c).’’. 
SEC. 708. AUTHORIZATION OF ELECTRONIC NOTICE IN 
CLAIMS UNDER LAWS ADMINISTERED BY THE 
SECRETARY OF VETERANS AFFAIRS. 
Title 38, United States Code, is amended as follows: 
(1) By striking section 5100 and inserting the 
following: 
‘‘§ 5100. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘claimant’ means any individual 
applying for, or submitting a claim for, any benefit 
under the laws administered by the Secretary. 
‘‘(2) The term ‘notice’ means a communication 
issued through means (including electronic means) 
prescribed by the Secretary.’’. 
(2) In section 5104, by adding at the end the 
following new subsection: 
‘‘(c) The Secretary may provide notice under sub-
section (a) electronically if a claimant (or the claimant’s 
representative) elects to receive such notice electronically. 
A claimant (or the claimant’s representative) may revoke 
such an election at any time, by means prescribed by the 
Secretary. 
‘‘(d) The Secretary shall annually—