[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3176 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3176

To establish a cause of action for those harmed by exposure to water at 
         Camp Lejeune, North Carolina, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2021

  Mr. Tillis (for himself, Mr. Blumenthal, Mr. Burr, and Mr. Peters) 
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, North Carolina, 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 Justice Act of 2021''.

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

    (a) In General.--An individual, including a veteran (as defined in 
section 101 of title 38, United States Code), 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 on August 1, 1953, and ending on 
December 31, 1987, to water at Camp Lejeune, North Carolina, that was 
supplied by, or on behalf of, the United States may bring an action in 
the United States District Court for the Eastern District of North 
Carolina to obtain appropriate relief for harm that was caused by 
exposure to the water at Camp Lejeune.
    (b) Burdens and Standard of Proof.--
            (1) In general.--The burden of proof shall be on the party 
        filing the action to show one or more relationships between the 
        water at Camp Lejeune and the harm.
            (2) Standards.--To meet the burden of proof described in 
        paragraph (1), a party shall produce evidence showing that the 
        relationship between exposure to the water at Camp Lejeune and 
        the harm is--
                    (A) sufficient to conclude that a causal 
                relationship exists; or
                    (B) sufficient to conclude that a causal 
                relationship is at least as likely as not.
    (c) Exclusive Jurisdiction and Venue.--The United States District 
Court for the Eastern District of North Carolina shall have exclusive 
jurisdiction over any action filed under subsection (a), and shall be 
the exclusive venue for such an action. Nothing in this subsection 
shall impair the right of any party to a trial by jury.
    (d) Exclusive Remedy.--
            (1) In general.--An individual, or legal representative of 
        an individual, who brings an action under this section for a 
        harm described in subsection (a), including a latent disease, 
        may not thereafter bring a tort action against the United 
        States for such harm pursuant to any other law.
            (2) Health and disability benefits relating to water 
        exposure.--Any award made to an individual, or legal 
        representative of an individual, under this section shall be 
        offset by the amount of any disability award, payment, or 
        benefit provided to the individual, or legal representative--
                    (A) under--
                            (i) any program under the laws administered 
                        by the Secretary of Veterans Affairs;
                            (ii) the Medicare program under title XVIII 
                        of the Social Security Act (42 U.S.C. 1395 et 
                        seq.); or
                            (iii) the Medicaid program under title XIX 
                        of the Social Security Act (42 U.S.C. 1396 et 
                        seq.); and
                    (B) in connection with health care or a disability 
                relating to exposure to the water at Camp Lejeune.
    (e) Immunity Limitation.--The United States may not assert any 
claim to immunity in an action under this section that 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 section.
    (g) Disposition by Federal Agency Required.--An individual may not 
bring an action under this section before complying with section 2675 
of title 28, United States Code.
    (h) Exception for Combatant Activities.--This section does not 
apply to any claim or action arising out of the combatant activities of 
the Armed Forces.
    (i) Applicability; Period for Filing.--
            (1) Applicability.--This section shall apply only to a 
        claim arising before the date of enactment of this Act.
            (2) Statute of limitations.--A claim in an action under 
        this section may not be commenced after the later of--
                    (A) the date that is 2 years after the date of 
                enactment of this Act; or
                    (B) the date that is 180 days after the date on 
                which the claim is denied under section 2675 of title 
                28, United States Code.
            (3) Inapplicability of other limitations.--Any applicable 
        statute of repose or statute of limitations, other than under 
        paragraph (2), shall not apply to a claim under this section.
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