[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6482 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6482
To establish a cause of action for those harmed by exposure to water at
Camp Lejeune, North Carolina, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 25, 2022
Mr. Cartwright (for himself, Mr. Price of North Carolina, and Mr.
Murphy of North Carolina) introduced the following bill; which was
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 2022''.
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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