S. 907

119 S907 IS: Ensuring Justice for Camp Lejeune Victims Act of 2025
 U.S. Senate
 2025-03-06
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 907  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.
1.
Short title
This Act may be cited as the   Ensuring Justice for Camp Lejeune Victims Act of 2025   .
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).
 .
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.
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.).