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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 907 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 907
To amend the Camp Lejeune Justice Act of 2022 to make technical
corrections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2025
Mr. Tillis (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Camp Lejeune Justice Act of 2022 to make technical
corrections.
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 ``Ensuring Justice for Camp Lejeune
Victims Act of 2025''.
SEC. 2. TECHNICAL CORRECTIONS TO THE CAMP LEJEUNE JUSTICE ACT OF 2022.
Section 804 of the Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671
note prec.) is amended--
(1) in subsection (b)--
(A) by striking ``in the United States District
Court for the Eastern District of North Carolina''; and
(B) by inserting ``, including a latent or
potential harm,'' after ``appropriate relief for
harm'';
(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, including latent or potential 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 meet the burden of proof
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 any district court of the
United States situated within the fourth judicial circuit 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.'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``latent
disease'' and inserting ``latent or potential harm'';
and
(B) by striking paragraph (2) and inserting the
following:
``(2) Health and disability benefits relating to water
exposure.--
``(A) Claims settled before filing.--An award to an
individual, or legal representative of an individual,
under this section that is made pursuant to a
settlement entered before a civil action under
subsection (b) is commenced shall not be offset.
``(B) Claims resolved after filing.--An award to an
individual, or legal representative of an individual,
under this section that is made pursuant to a
settlement entered or judgment rendered after a civil
action under subsection (b) is commenced shall be
offset to the extent permitted by applicable law by the
amount of any disability award, payment, or benefit
provided to the individual, or legal representative--
``(i) 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
``(ii) in connection with health care or a
disability relating to exposure to the water at
Camp Lejeune.''; and
(5) 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).''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act 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.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act 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.).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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