[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6585 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6585

   To amend title 28, United States Code, to provide for recovery by 
members of the Armed Forces for certain acts or omissions by the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

  Mr. Cartwright (for himself and Mr. Jones) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, to provide for recovery by 
members of the Armed Forces for certain acts or omissions by the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Camp Lejeune Family Member 
Protection Act''.

SEC. 2. RECOVERY BY MEMBERS OF THE ARMED FORCES FOR CERTAIN ACTS OR 
              OMISSIONS BY THE UNITED STATES.

    (a) In General.--Chapter 171 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2681. Recovery by members of the military or naval forces of the 
              United States for certain acts or omissions
    ``(a) In General.--A claim may be brought against the United States 
under this chapter for damages relating to the personal injury or death 
of a member of the Armed Forces of the United States arising out of a 
negligent or wrongful act or omission by a person acting within the 
scope of the office or employment of that person by or at the direction 
of the Government of the United States, whether inside or outside the 
United States, where the claim arises out of a violation of the 
environmental laws of the United States or a violation of the 
environmental laws of any state or municipality.
    ``(b) Exception for Combatant Activities.--This section does not 
apply to any claim arising out of the combatant activities of the Armed 
Forces during time of armed conflict.
    ``(c) Application of Certain Rules.--For purposes of claims brought 
under this section--
            ``(1) subsections (j) and (k) of section 2680 do not apply;
            ``(2) in the case of an act or omission under this Act, the 
        `law of the place where the act or omission occurred' shall be 
        deemed to be the law of the place of domicile of the plaintiff; 
        and
            ``(3) such a claim shall not preclude recovery on behalf of 
        a spouse or child of a member of the Armed Forces.''.
    (b) Clerical Amendment.--The table of sections for chapter 171 of 
title 28, United States Code, is amended by adding at the end the 
following:

``2681. Recovery by members of the military or naval forces of the 
                            United States for certain acts or 
                            omissions.''.
    (c) Application.--This Act and the amendments made by this Act 
shall apply in the case of any pending action brought not earlier than 
3 years prior to the date of enactment of this Act and any action 
commenced after the date of enactment of this Act.
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