[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5250-S5251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3488. Mr. TILLIS (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
[[Page S5251]]
SEC. 1067. TECHNICAL CORRECTIONS TO THE CAMP LEJEUNE JUSTICE
ACT OF 2022.
(a) In General.--Section 804 of the Camp Lejeune Justice
Act of 2022 (28 U.S.C. 2671 note prec.) is amended--
(1) in subsection (b), by striking ``in the United States
District Court for the Eastern District of North Carolina'';
(2) by amending subsection (c) to read as follows:
``(c) Burdens and Standard of Proof.--
``(1) In general.--The party filing an action under this
section shall be entitled to appropriate relief upon
showing--
``(A) the existence of 1 or more relationships between the
type of contaminant in any water at Camp Lejeune and the type
of harm suffered by the individual harm; and
``(B) that the individual was present at Camp Lejeune for a
period of not less than 30 days, whether or not consecutive.
``(2) Evidentiary standards.--To demonstrate the causal
relationship described in paragraph (1), a party shall
produce evidence showing that the relationship between
exposure to any level of contaminants of a type in any water
at Camp Lejeune and the type of 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.'';
(3) by amending subsection (d) to read as follows:
``(d) Exclusive Jurisdiction and Venue.--
``(1) In general.--The United States District Court for the
Eastern District of North Carolina shall have exclusive
jurisdiction and venue for coordinated or consolidated
pretrial administrative and procedural matters and resolution
over any action filed under subsection (b).
``(2) Transfer.--A party filing an action under subsection
(b) may transfer such action to the United States District
Court for the Middle District of North Carolina, the United
States District Court for the Western District of North
Carolina, or the United States District Court for the
District of South Carolina for pretrial and trial of such
action, including the adjudication of all evidentiary
motions.
``(3) Jury trial.--Any action against the United States
under subsection (b) shall, at the request of either party to
such action, be tried by the court with a jury.
``(4) Expedited disposition.--The court shall advance an
action filed under subsection (b) on the docket, and expedite
the disposition of such action to the greatest extent
possible.''; and
(4) by adding at the end the following:
``(k) Attorney Fees.--
``(1) In general.--The total amount of attorneys fees under
this section shall be in an amount that is not more than--
``(A) 20 percent of any settlement entered into before a
civil action under subsection (b) is commenced; or
``(B) 25 percent of any judgement rendered or settlement
entered into after a civil action under subsection (b) is
commenced.
``(2) Division of fees.--A division of a fee under
paragraph (1) between attorneys who are not in the same firm
may be made only if the division is in proportion to the
services performed by each attorney.
``(3) Rule of construction.--Nothing in this subsection
shall prohibit an individual or the legal representative of
an individual and such individual's or representative's
attorney from agreeing to a fee award that is less than the
maximum percentage specified in paragraph (1).''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect as if enacted on August 10,
2022, and shall apply to any claim or action under section
804 of the Camp Lejeune Justice Act of 2022 that is pending
on, or filed on or after, the date of enactment of this Act.
(c) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to modify
the applicability or statute of limitations provisions under
section 804(j) of the Camp Lejeune Justice Act of 2022 (28
U.S.C. 2671 note prec.).
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