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S. 3176Senate117th Congress (2021-2023)In Committee

Camp Lejeune Justice Act of 2021

Sponsored by Thom TillisSen. Thom Tillis (R-NC)
Introduced November 4, 2021

AI-Generated Summary

Updated February 8, 2026 at 7:52 AM UTC

The Camp Lejeune Justice Act of 2021 lets people who lived, worked, or were otherwise exposed (including in utero) to contaminated water at Camp Lejeune between 1953 and 1987 sue the federal government for health harms. Lawsuits must be filed in the U.S. District Court for the Eastern District of North Carolina, and the act sets the rules for proof, damages, and timing. It applies to veterans and other individuals, but not to combat‑related claims.

Key Provisions

  • Allows any individual (including veterans) who was exposed to Camp Lejeune water for at least 30 days from Aug 1 1953 to Dec 31 1987 to bring a civil action against the United States in the Eastern District of North Carolina.
  • Plaintiff must show a causal link between the water exposure and the injury, either by clear causation or by a ‘more likely than not’ standard.
  • The court has exclusive jurisdiction and venue; a jury trial right is preserved.
  • The lawsuit is the exclusive remedy – claimants cannot later file other tort suits against the United States for the same harm.
  • Any award is reduced by disability or health benefits already received from VA, Medicare, or Medicaid for the same exposure.
  • The United States cannot claim sovereign immunity that would block these actions.
  • Punitive damages are prohibited.
  • Claimants must first pursue an administrative claim under 28 U.S.C. §2675 before filing suit.
  • The act does not cover claims arising from combat activities.
  • Claims must be filed within two years after the law’s enactment or 180 days after an administrative denial, whichever is later; other statutes of limitation do not apply.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

November 4, 2021

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SenateIntro Referral

Introduced in Senate

November 4, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

November 4, 2021

Bill Text

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Introduced in SenateIssued November 4, 2021

II

117th CONGRESS

1st Session

S. 3176

IN THE SENATE OF THE UNITED STATES

November 4, 2021

Mr. Tillis (for himself, Mr. Blumenthal, Mr. Burr, and Mr. Peters) introduced the following bill; which was read twice and 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.

1.

Short title

This Act may be cited as the Camp Lejeune Justice Act of 2021.

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.