Camp Lejeune Justice Act of 2020

Bill: 116-hr-6204
Sponsor: full_name: Rep. Cartwright, Matt [D-PA-8]
Introduced: 2020-03-11
Policy area: Law
Subjects: Civil actions and liability

Environmental health

Evidence and witnesses

Government liability

Hazardous wastes and toxic substances

Jurisdiction and venue

Legal fees and court costs

Military facilities and property

Military personnel and dependents

North Carolina

Veterans' medical care

Water quality
Latest action: action_date: 2020-03-11
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-03-11
action_desc: Introduced in House
text: <p><b>Camp Lejeune Justice Act of 2020</b></p> <p style="background: white none repeat scroll 0% 0%;">This bill allows certain individuals to sue and recover damages for harm from exposure to contaminated water at Camp Lejeune in North Carolina between August 1, 1953, and December 31, 1987. </p> <p style="background: white none repeat scroll 0% 0%;">This action is available only to individuals who were exposed to contaminated water for at least 30 days.</p> <p style="background: white none repeat scroll 0% 0%;">The bill prohibits the U.S. government from asserting immunity from litigation in response to such a lawsuit.</p> <p style="background: white none repeat scroll 0% 0%;">The bill also prohibits an individual who brings such an action from bringing a separate tort action against the United States based on the same harm. However, an individual who had previously sued based on such harms, regardless of the reason for the termination of the earlier lawsuit, may sue under this bill.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 6204 IN THE HOUSE OF REPRESENTATIVES March 11, 2020 Mr. Cartwright (for himself, Mr. Murphy of North Carolina , Mr. Cunningham , Mr. Meadows , Mr. Holding , and Mr. McHenry ) 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. Short title This Act may be cited as the Camp Lejeune Justice Act of 2020 . 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 the Eastern District of North Carolina to obtain appropriate relief for harm which— (1) was caused by exposure to the water; (2) was associated with exposure to the water; (3) was linked to exposure to the water; or (4) the exposure to the water increased the likelihood of such harm. (b) Prior claims not a bar An individual described in subsection (a) may bring an action under this section regardless of any prior claim or action dismissed or otherwise terminated for any reason related to the harm described in subsection (a). (c) Burden and standard of proof (1) In general The burden of proof shall be on the party filing the action to show one or more relationship between the water and 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). (d) 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, including any multi-district claims. Nothing in this subsection shall impair any party’s right to a trial by jury. (e) 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 have not impede or limit the individual’s continued or future entitlement to disability awards, payments, or benefits under any Veteran’s Administration program. (f) Immunity waiver The United States may not assert any claim to immunity in an action under this section which would otherwise be available, including any otherwise applicable statute of limitation, statute of repose, discretionary function defense, or similar limitation or defense. (g) No punitive damages Punitive damages may not be awarded in any action under this Act. (h) 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. (i) Period for filing (1) In general The statute of limitations for an action under this section is the later of— (A) 2 years from the date on which the harm occurred or was discovered, whichever is later; or (B) 180 days from the date on which the claim is denied under section 2675 of title 28, United States Code. (2) 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. (j) Attorney fees Attorney fees for services provided to an individual seeking a remedy under this section shall be in accordance with section 2678 of title 28, United States Code. (k) Judgment fund Awards made pursuant to any action under this section shall be made out of the fund established under section 1304 of title 31, United States Code. (l) Exception for combatant activities This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces. (m) Amoritization An award of money damages under this section may include an order that the award is to be amortized over a period of up to 20 years. The Government may agree to amortize a payment made pursuant to a settlement agreement of up to 20 years.