Camp Lejeune Justice Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6204 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 11, 2020 Mr. CARTWRIGHT (for himself, Mr. MURPHY of North Carolina, Mr. CUNNINGHAM, Mr. MEADOWS, Mr. HOLDING, and Mr. MCHENRY) intro- duced the following bill; which was referred to the Committee on the Ju- diciary 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 2020’’. 5 SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER 6 AT CAMP LEJEUNE. 7 (a) IN GENERAL.—An individual, including a vet- 8 eran, or the legal representative of such an individual, who 9 VerDate Sep 11 2014 23:58 Mar 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6204.IH H6204 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6204 IH resided, worked, or was otherwise exposed (including in 1 utero exposure) for not less than 30 days during the pe- 2 riod beginning August 1, 1953, and ending December 31, 3 1987, to water at Camp Lejeune that was supplied by the 4 United States or on its behalf may bring an action in the 5 United States District Court the Eastern District of 6 North Carolina to obtain appropriate relief for harm 7 which— 8 (1) was caused by exposure to the water; 9 (2) was associated with exposure to the water; 10 (3) was linked to exposure to the water; or 11 (4) the exposure to the water increased the like- 12 lihood of such harm. 13 (b) PRIOR CLAIMS NOT A BAR.—An individual de- 14 scribed in subsection (a) may bring an action under this 15 section regardless of any prior claim or action dismissed 16 or otherwise terminated for any reason related to the harm 17 described in subsection (a). 18 (c) BURDEN AND STANDARD OF PROOF.— 19 (1) IN GENERAL.—The burden of proof shall be 20 on the party filing the action to show one or more 21 relationship between the water and the harm de- 22 scribed in paragraphs (1) through (4) of subsection 23 (a) by a preponderance of the evidence. 24 VerDate Sep 11 2014 23:58 Mar 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6204.IH H6204 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6204 IH (2) USE OF STUDIES.—A study conducted on 1 humans or animals, or from an epidemiological 2 study, which ruled out chance and bias with reason- 3 able confidence and which concluded, with sufficient 4 evidence, that exposure to the water described in 5 subsection (a) is one possible cause of the harm, 6 shall be sufficient to satisfy the burden of proof de- 7 scribed under paragraph (1). 8 (d) EXCLUSIVE JURISDICTION AND VENUE.—The 9 district court of the Eastern District of North Carolina 10 shall have exclusive jurisdiction over any action under this 11 section, and shall be the exclusive venue for such an ac- 12 tion, including any multi-district claims. Nothing in this 13 subsection shall impair any party’s right to a trial by jury. 14 (e) EXCLUSIVE REMEDY.— 15 (1) IN GENERAL.—An individual who brings an 16 action under this section for an injury, including a 17 latent disease, may not thereafter bring a tort action 18 pursuant to any other law against the United States 19 for such harm. 20 (2) NO EFFECT ON DISABILITY BENEFITS.— 21 Any award under this section shall have not impede 22 or limit the individual’s continued or future entitle- 23 ment to disability awards, payments, or benefits 24 under any Veteran’s Administration program. 25 VerDate Sep 11 2014 23:58 Mar 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6204.IH H6204 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6204 IH (f) IMMUNITY WAIVER.—The United States may not 1 assert any claim to immunity in an action under this sec- 2 tion which would otherwise be available, including any oth- 3 erwise applicable statute of limitation, statute of repose, 4 discretionary function defense, or similar limitation or de- 5 fense. 6 (g) NO PUNITIVE DAMAGES.—Punitive damages may 7 not be awarded in any action under this Act. 8 (h) DISPOSITION BY FEDERAL AGENCY RE- 9 QUIRED.—An individual may not bring an action under 10 this section prior to complying with section 2675 of title 11 28, United States Code. 12 (i) PERIOD FOR FILING.— 13 (1) IN GENERAL.—The statute of limitations 14 for an action under this section is the later of— 15 (A) 2 years from the date on which the 16 harm occurred or was discovered, whichever is 17 later; or 18 (B) 180 days from the date on which the 19 claim is denied under section 2675 of title 28, 20 United States Code. 21 (2) SPECIAL RULE.—In the case of harm which 22 was discovered prior to the date of the enactment of 23 this section, the statute of limitations is the later 24 of— 25 VerDate Sep 11 2014 23:58 Mar 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6204.IH H6204 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6204 IH (A) 2 years after the date of the enactment 1 of this section; or 2 (B) 180 days from the date on which the 3 claim is denied under section 2675 of title 28, 4 United States Code. 5 (j) ATTORNEY FEES.—Attorney fees for services pro- 6 vided to an individual seeking a remedy under this section 7 shall be in accordance with section 2678 of title 28, United 8 States Code. 9 (k) JUDGMENT FUND.—Awards made pursuant to 10 any action under this section shall be made out of the fund 11 established under section 1304 of title 31, United States 12 Code. 13 (l) EXCEPTION FOR COMBATANT ACTIVITIES.—This 14 section does not apply to any claim or action arising out 15 of the combatant activities of the Armed Forces. 16 (m) AMORITIZATION.—An award of money damages 17 under this section may include an order that the award 18 is to be amortized over a period of up to 20 years. The 19 Government may agree to amortize a payment made pur- 20 suant to a settlement agreement of up to 20 years. 21 Æ VerDate Sep 11 2014 23:58 Mar 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H6204.IH H6204 kjohnson on DSK79L0C42PROD with BILLS