Camp Lejeune Justice Act of 2020

II 116TH CONGRESS 2D SESSION S. 4716 To establish a cause of action for those harmed by exposure to water at Camp Lejeune, and for other purposes. 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. 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 resided, worked, or was otherwise exposed (including in 10 VerDate Sep 11 2014 05:39 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4716.IS S4716 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4716 IS utero exposure) for not less than 30 days during the pe- 1 riod beginning August 1, 1953, and ending December 31, 2 1987, to water at Camp Lejeune that was supplied by the 3 United States or on its behalf may bring an action in the 4 United States District Court of the Eastern District of 5 North Carolina to obtain appropriate relief for harm 6 which— 7 (1) was caused by exposure to the water; or 8 (2) was associated with exposure to the water. 9 (b) BURDEN AND STANDARD OF PROOF.— 10 (1) IN GENERAL.—The burden of proof shall be 11 on the party filing the action to show that the water 12 proximately caused the harm described in para- 13 graphs (1) through (4) of subsection (a) by a pre- 14 ponderance of the evidence. 15 (2) USE OF STUDIES.—A study conducted on 16 humans or animals, or from an epidemiological 17 study, which ruled out chance and bias with reason- 18 able confidence and which concluded, with sufficient 19 evidence, that exposure to the water described in 20 subsection (a) is one possible cause of the harm, 21 shall be sufficient to satisfy the burden of proof de- 22 scribed under paragraph (1). 23 (c) EXCLUSIVE JURISDICTION AND VENUE.—The 24 district court of the Eastern District of North Carolina 25 VerDate Sep 11 2014 05:39 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4716.IS S4716 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4716 IS shall have exclusive jurisdiction over any action under this 1 section, and shall be the exclusive venue for such an ac- 2 tion. Nothing in this subsection shall impair any party’s 3 right to a trial by jury. 4 (d) EXCLUSIVE REMEDY.— 5 (1) IN GENERAL.—An individual who brings an 6 action under this section for an injury, including a 7 latent disease, may not thereafter bring a tort action 8 pursuant to any other law against the United States 9 for such harm. 10 (2) NO EFFECT ON DISABILITY BENEFITS.— 11 Any award under this section shall not impede or 12 limit the individual’s continued or future entitlement 13 to disability awards, payments, or benefits under any 14 Veteran’s Administration program. 15 (e) IMMUNITY LIMITATION.—The United States may 16 not assert any claim to immunity in an action under this 17 section which would otherwise be available under section 18 2680(a) of title 28, United States Code. 19 (f) NO PUNITIVE DAMAGES.—Punitive damages may 20 not be awarded in any action under this Act. 21 (g) DISPOSITION BY FEDERAL AGENCY RE- 22 QUIRED.—An individual may not bring an action under 23 this section prior to complying with section 2675 of title 24 28, United States Code. 25 VerDate Sep 11 2014 05:39 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4716.IS S4716 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4716 IS (h) EXCEPTION FOR COMBATANT ACTIVITIES.—This 1 section does not apply to any claim or action arising out 2 of the combatant activities of the Armed Forces. 3 (i) PERIOD FOR FILING.— 4 (1) SPECIAL RULE.—In the case of harm which 5 was discovered prior to the date of the enactment of 6 this section, the statute of limitations is the later 7 of— 8 (A) 2 years after the date of the enactment 9 of this section; or 10 (B) 180 days from the date on which the 11 claim is denied under section 2675 of title 28, 12 United States Code. 13 (2) STATUTE OF REPOSE.—Any applicable stat- 14 ute of repose does not apply to claims under this 15 Act. 16 (j) EFFECTIVE DATE.—This Act shall apply to a 17 claim arising before the date of the enactment of this Act, 18 if filed within two years of the date of enactment. 19 Æ VerDate Sep 11 2014 05:39 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4716.IS S4716 kjohnson on DSK79L0C42PROD with BILLS