119-s907

[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.).
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