Camp Lejeune Justice Act of 2020

Bill: 116-s-4716
Sponsor: full_name: Sen. Tillis, Thomas [R-NC]
Introduced: 2020-09-24
Policy area: Law
Latest action: action_date: 2020-09-24
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2020-09-24
action_desc: Introduced in Senate
text: <p><b>Camp Lejeune Justice Act of 2020</b></p> <p>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>This action is available only to individuals who were exposed to contaminated water for at least 30 days.</p> <p>In response to such a lawsuit, the U.S. government may not claim that it is immune from litigation based on an argument that the alleged harmful act or omission stemmed from (1) a federal government employee's execution of a statute or regulation, or (2) the federal government's exercise of its discretion. </p> <p>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. </p>

tv_txt: II 116th CONGRESS 2d Session S. 4716 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.

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 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.