S5257-118

1. Short title This Act may be cited as the Ensuring Justice for Camp Lejeune Victims Act of 2024.

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— in subsection (b)— by striking in the United States District Court for the Eastern District of North Carolina; and by inserting , including a latent or potential harm, after appropriate relief for harm; by amending subsection (c) to read as follows: The party filing an action under this section shall be entitled to appropriate relief upon showing— the existence of one 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 that the individual was present at Camp Lejeune for a period of not less than 30 days, whether or not consecutive. 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— sufficient to conclude that a causal relationship exists; or sufficient to conclude that a causal relationship is at least as likely as not. by amending subsection (d) to read as follows: 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), and a party filing the action may transfer such action to any district court of the United States situated within the fourth judicial circuit for trial of such action, including all matters related to causation and admission of evidence. 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. 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. in subsection (e)— in paragraph (1), by striking latent disease and inserting latent or potential harm; and in paragraph (2), in the matter preceding subparagraph (A), by striking shall be offset and inserting may be offset; and by adding at the end the following: The total amount of attorneys fees under this section shall be in an amount that is not more than— 20 percent of any settlement entered into before a civil action under subsection (b) is commenced; or 25 percent of any judgement rendered or settlement entered into after a civil action under subsection (b) is commenced. 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. 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). (c)Burdens and standard of proof(1)In generalThe party filing an action under this section shall be entitled to appropriate relief upon showing—(A)the existence of one 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 standardsTo 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.; (d)Exclusive jurisdiction and venueThe 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), and a party filing the action may transfer such action to any district court of the United States situated within the fourth judicial circuit for trial of such action, including all matters related to causation and admission of evidence. 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. 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.; (k)Attorney fees(1)In generalThe 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 feesA 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 constructionNothing 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 under section 804 of the Camp Lejeune Justice Act of 2022 that is pending on the date of enactment of this Act.