Camp Lejeune Justice Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2192 To provide for recovery by individuals who were stationed, lived, or worked at Camp Lejeune, for certain actions of omissions by the United States. IN THE HOUSE OF REPRESENTATIVES MARCH 26, 2021 Mr. CARTWRIGHT (for himself, Mr. MURPHY of North Carolina, Mr. PRICE of North Carolina, Ms. ADAMS, Mr. BUDD, Mr. BUTTERFIELD, Mr. HAS- TINGS, Mr. HUDSON, Mr. LIEU, Ms. MANNING, Mr. MCHENRY, Ms. NOR- TON, Mr. RASKIN, Ms. ROSS, and Mr. ROUZER) 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Camp Lejeune Justice 4 Act of 2021’’. 5 VerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2192 IH SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER 1 AT CAMP LEJEUNE. 2 (a) IN GENERAL.—An individual, including a vet- 3 eran, or the legal representative of such an individual, who 4 resided, worked, or was otherwise exposed (including in 5 utero exposure) for not less than 30 days during the pe- 6 riod beginning August 1, 1953, and ending December 31, 7 1987, to water at Camp Lejeune that was supplied by the 8 United States or on its behalf may bring an action in the 9 United States District Court for the Eastern District of 10 North Carolina to obtain appropriate relief for harm 11 which— 12 (1) was caused by exposure to the water; 13 (2) was associated with exposure to the water; 14 (3) was linked to exposure to the water; or 15 (4) the exposure to the water increased the like- 16 lihood of such harm. 17 (b) BURDEN AND STANDARD OF PROOF.— 18 (1) IN GENERAL.—The burden of proof shall be 19 on the party filing the action to show one or more 20 relationship between the water and the harm de- 21 scribed in paragraphs (1) through (4) of subsection 22 (a) by a preponderance of the evidence. 23 (2) USE OF STUDIES.—A study conducted on 24 humans or animals, or from an epidemiological 25 study, which ruled out chance and bias with reason- 26 VerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2192 IH able confidence and which concluded, with sufficient 1 evidence, that exposure to the water described in 2 subsection (a) is one possible cause of the harm, 3 shall be sufficient to satisfy the burden of proof de- 4 scribed under paragraph (1). 5 (c) EXCLUSIVE JURISDICTION AND VENUE.—The 6 district court for the Eastern District of North Carolina 7 shall have exclusive jurisdiction over any action under this 8 section, and shall be the exclusive venue for such an ac- 9 tion. Nothing in this subsection shall impair any party’s 10 right to a trial by jury. 11 (d) EXCLUSIVE REMEDY.— 12 (1) IN GENERAL.—An individual who brings an 13 action under this section for an injury, including a 14 latent disease, may not thereafter bring a tort action 15 pursuant to any other law against the United States 16 for such harm. 17 (2) NO EFFECT ON DISABILITY BENEFITS.— 18 Any award under this section shall have not impede 19 or limit the individual’s continued or future entitle- 20 ment to disability awards, payments, or benefits 21 under any Veteran’s Administration program. 22 (e) IMMUNITY LIMITATION.—The United States may 23 not assert any claim to immunity in an action under this 24 VerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2192 IH section which would otherwise be available under section 1 2680(a) of title 28, United States Code. 2 (f) NO PUNITIVE DAMAGES.—Punitive damages may 3 not be awarded in any action under this Act. 4 (g) DISPOSITION BY FEDERAL AGENCY RE- 5 QUIRED.—An individual may not bring an action under 6 this section prior to complying with section 2675 of title 7 28, United States Code. 8 (h) ATTORNEY FEES.—Attorney fees for services 9 provided to an individual seeking a remedy under this sec- 10 tion shall be in accordance with section 2678 of title 28, 11 United States Code. 12 (i) EXCEPTION FOR COMBATANT ACTIVITIES.—This 13 section does not apply to any claim or action arising out 14 of the combatant activities of the Armed Forces. 15 (j) PERIOD FOR FILING.— 16 (1) IN GENERAL.—The statute of limitations 17 for an action under this section is the later of— 18 (A) 2 years from the date on which the 19 harm occurred or was discovered, whichever is 20 later; or 21 (B) 180 days from the date on which the 22 claim is denied under section 2675 of title 28, 23 United States Code. 24 VerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2192 IH (2) SPECIAL RULE.—In the case of harm which 1 was discovered prior to the date of the enactment of 2 this section, the statute of limitations is the later 3 of— 4 (A) 2 years after the date of the enactment 5 of this section; or 6 (B) 180 days from the date on which the 7 claim is denied under section 2675 of title 28, 8 United States Code. 9 (3) STATUTE OF REPOSE.—Any applicable stat- 10 ute of repose does not apply to claims under this 11 Act. 12 (k) EFFECTIVE DATE.—This Act shall apply to— 13 (1) a claim arising on or after the date of the 14 enactment of this Act; and 15 (2) a claim arising before the date of the enact- 16 ment of this Act, if filed within two years of the date 17 of enactment. 18 Æ VerDate Sep 11 2014 22:26 Jun 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2192.IH H2192 pbinns on DSKJLVW7X2PROD with BILLS