Camp Lejeune Justice Act of 2021

Bill: 117-s-3176
Sponsor: full_name: Sen. Tillis, Thomas [R-NC]
Introduced: 2021-11-04
Policy area: Law
Latest action: action_date: 2021-11-04
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-11-04
action_desc: Introduced in Senate
text: <p><b>Camp Lejeune Justice Act of 2021</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 specified 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.</p>

tv_txt: II 117th CONGRESS 1st Session S. 3176 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. Short title This Act may be cited as the Camp Lejeune Justice Act of 2021 . 2. Federal cause of action relating to water at Camp Lejeune, North Carolina (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 resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 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 appropriate 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 exposure to the water at Camp Lejeune and the harm is— (A) sufficient to conclude that a causal relationship exists; or (B) sufficient to conclude that a causal relationship 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 representative 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 relating 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— (i) any program under the laws administered 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 disability 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 required 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. (i) Applicability; period for filing (1) Applicability This section shall apply only to a claim arising before the date of enactment 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 2 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 limitations Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.