S.Amdt. 2174

SA 2174. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 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 appropriate place, insert the following:

SEC. __. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP
LEJEUNE.

(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 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--
(1) which was caused by exposure to the water;
(2) which was associated with exposure to the water; or
(3) which was linked to exposure to the water.
(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) 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 plaintiff's
burden of proof in an action under this section.
(d) Exclusive Jurisdiction and Venue.--The United States
District Court for 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 any harm, 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 not impede or limit the continued or future
entitlement of an individual to disability awards, payments,
or benefits under any program of the Department of Veterans
Affairs.
(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 section.
(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.--Except as provided in paragraph (2), an
action under this section may not be commenced after the
later of--
(A) the date that is 2 years after the later of the date on
which the harm occurred or the date on which the harm was
discovered; 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.
(2) Special rule.--In the case of harm which was discovered
before the date of the enactment of this Act, an action under
this section may not be commenced after the later of--
(A) the date that is 2 years after the date of the
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.
(j) Judgment Fund.--Awards made pursuant to any action
under this section shall be paid from amounts made available
under section 1304 of title 31, United States Code.
(k) Exception for Combatant Activities.--This section does
not apply to any

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claim or action arising out of the combatant activities of
the Armed Forces.
(l) 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.
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