[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2192 Introduced in House (IH)]

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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. Hastings, Mr. 
Hudson, Mr. Lieu, Ms. Manning, Mr. McHenry, Ms. Norton, 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 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 2021''.

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 for 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) 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).
    (c) Exclusive Jurisdiction and Venue.--The district court for 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. Nothing in this subsection shall impair any party's 
right to a trial by jury.
    (d) 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.
    (e) Immunity Limitation.--The United States may not assert any 
claim to immunity in an action under this section which would otherwise 
be available under section 2680(a) of title 28, United States Code.
    (f) No Punitive Damages.--Punitive damages may not be awarded in 
any action under this Act.
    (g) 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.
    (h) 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.
    (i) Exception for Combatant Activities.--This section does not 
apply to any claim or action arising out of the combatant activities of 
the Armed Forces.
    (j) 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.
            (3) Statute of repose.--Any applicable statute of repose 
        does not apply to claims under this Act.
    (k) Effective Date.--This Act shall apply to--
            (1) a claim arising on or after the date of the enactment 
        of this Act; and
            (2) a claim arising before the date of the enactment of 
        this Act, if filed within two years of the date of enactment.
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