[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6204 Introduced in House (IH)]

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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) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Camp Lejeune Justice Act of 2020''.

SEC. 2. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE.

    (a) In General.--An individual, including a veteran, 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 August 1, 1953, and ending December 
31, 1987, to water at Camp Lejeune that was supplied by the United 
States or on its behalf may bring an action in the United States 
District Court the Eastern District of North Carolina to obtain 
appropriate relief for harm which--
            (1) was caused by exposure to the water;
            (2) was associated with exposure to the water;
            (3) was linked to exposure to the water; or
            (4) the exposure to the water increased the likelihood of 
        such harm.
    (b) Prior Claims Not a Bar.--An individual described in subsection 
(a) may bring an action under this section regardless of any prior 
claim or action dismissed or otherwise terminated for any reason 
related to the harm described in subsection (a).
    (c) Burden and Standard of Proof.--
            (1) In general.--The burden of proof shall be on the party 
        filing the action to show one or more relationship between the 
        water and the harm described in paragraphs (1) through (4) of 
        subsection (a) by a preponderance of the evidence.
            (2) Use of studies.--A study conducted on humans or 
        animals, or from an epidemiological study, which ruled out 
        chance and bias with reasonable confidence and which concluded, 
        with sufficient evidence, that exposure to the water described 
        in subsection (a) is one possible cause of the harm, shall be 
        sufficient to satisfy the burden of proof described under 
        paragraph (1).
    (d) Exclusive Jurisdiction and Venue.--The district court of the 
Eastern District of North Carolina shall have exclusive jurisdiction 
over any action under this section, and shall be the exclusive venue 
for such an action, including any multi-district claims. Nothing in 
this subsection shall impair any party's right to a trial by jury.
    (e) Exclusive Remedy.--
            (1) In general.--An individual who brings an action under 
        this section for an injury, including a latent disease, may not 
        thereafter bring a tort action pursuant to any other law 
        against the United States for such harm.
            (2) No effect on disability benefits.--Any award under this 
        section shall have not impede or limit the individual's 
        continued or future entitlement to disability awards, payments, 
        or benefits under any Veteran's Administration program.
    (f) Immunity Waiver.--The United States may not assert any claim to 
immunity in an action under this section which would otherwise be 
available, including any otherwise applicable statute of limitation, 
statute of repose, discretionary function defense, or similar 
limitation or defense.
    (g) No Punitive Damages.--Punitive damages may not be awarded in 
any action under this Act.
    (h) Disposition by Federal Agency Required.--An individual may not 
bring an action under this section prior to complying with section 2675 
of title 28, United States Code.
    (i) Period for Filing.--
            (1) In general.--The statute of limitations for an action 
        under this section is the later of--
                    (A) 2 years from the date on which the harm 
                occurred or was discovered, whichever is later; or
                    (B) 180 days from the date on which the claim is 
                denied under section 2675 of title 28, United States 
                Code.
            (2) Special rule.--In the case of harm which was discovered 
        prior to the date of the enactment of this section, the statute 
        of limitations is the later of--
                    (A) 2 years after the date of the enactment of this 
                section; or
                    (B) 180 days from the date on which the claim is 
                denied under section 2675 of title 28, United States 
                Code.
    (j) Attorney Fees.--Attorney fees for services provided to an 
individual seeking a remedy under this section shall be in accordance 
with section 2678 of title 28, United States Code.
    (k) Judgment Fund.--Awards made pursuant to any action under this 
section shall be made out of the fund established under section 1304 of 
title 31, United States Code.
    (l) Exception for Combatant Activities.--This section does not 
apply to any claim or action arising out of the combatant activities of 
the Armed Forces.
    (m) Amoritization.--An award of money damages under this section 
may include an order that the award is to be amortized over a period of 
up to 20 years. The Government may agree to amortize a payment made 
pursuant to a settlement agreement of up to 20 years.
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