Camp Lejeune Justice Act of 2020
This bill allows certain individuals to sue and recover damages for harm from exposure to contaminated water at Camp Lejeune in North Carolina between August 1, 1953, and December 31, 1987.
This action is available only to individuals who were exposed to contaminated water for at least 30 days.
The bill prohibits the U.S. government from asserting immunity from litigation in response to such a lawsuit.
The bill also prohibits an individual who brings such an action from bringing a separate tort action against the United States based on the same harm. However, an individual who had previously sued based on such harms, regardless of the reason for the termination of the earlier lawsuit, may sue under this bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6204 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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