As printed in this report, this chapter should have read "173" and not "171". It was properly numbered "173" in the bill. However, the chapter was renumbered "171", without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559.
§9(b), July 18, 1966, 80 Stat. 308 , substituted "claims" for "claims of $2,500 or less" in item 2672.
"(a) Short Title .—This section may be cited as the 'Camp Lejeune Justice Act of 2022'.
"(b) 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.
"(c) 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.
"(d) 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 (b), 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.
"(e) 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 (b), 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—
"(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.
"(f) 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 .
"(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 before complying with section 2675 of title 28, United States Code .
"(i) Exception for Combatant Activities .—This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces.
"(j) Applicability; Period for Filing.—
"(1) Applicability .—This section shall apply only to a claim accruing before the date of enactment of this Act [Aug. 10, 2022].
"(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 two 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."
CHAPTER 171 -TORT CLAIMS PROCEDURE!@!Sec. 2671 -->
As used in this chapter and sections 1346(b) and 2401(b) of this title , the term "Federal agency" includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.
"Employee of the government" includes (1) officers or employees of any federal agency, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 115, 316, 502, 503, 504, or 505 of title 32 , and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation, and (2) any officer or employee of a Federal public defender organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18 .
"Acting within the scope of his office or employment", in the case of a member of the military or naval forces of the United States or a member of the National Guard as defined in section 101(3) of title 32 , means acting in line of duty.
Changes were made in phraseology.
This section corrects a typographical error in section 2671 of title 28 , U.S.C.
in par. defining "Employee of the government", inserted "(1)" after "includes" and added cl. (2).
inserted "115," after "members of the National Guard while engaged in training or duty under section" in par. defining "Employee of the government".
inserted "the judicial and legislative branches," after "departments," in first par.
inserted "members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32 ," in definition of "Employee of the government" and "or a member of the National Guard as defined in section 101(3) of title 32 " in definition of "Acting within the scope of his office or employment".
expanded definition of "Federal agency" to include military departments.
1949—Act May 24, 1949, corrected spelling of "office".
§1 [[div. A], title VI, §665(c)(2)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-169, provided that: "The amendment made by subsection (b) [amending this section] shall apply with respect to acts and omissions occurring before, on, or after the date of the enactment of this Act [Oct. 30, 2000]."
effective Nov. 18, 1988, and applicable to all claims, civil actions, and proceedings pending on, or filed on or after, Nov. 18, 1988, see section 8 of
set out as a note under section 2679 of this title .
applicable only with respect to claims arising on or after Dec. 29, 1981, see section 4 of
set out as a note under section 1089 of Title 10 , Armed Forces.
applicable to claims accruing six months or more after July 18, 1966, see section 10 of
set out as a note under section 2672 of this title .
This chapter is popularly known as the Federal Tort Claims Act. The Federal Tort Claims Act was previously the official short title of title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842 , which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 992 , the first section of which enacted this title. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into this title, see Table at the beginning of this title.
§7, Nov. 18, 1988, 102 Stat. 4565 , provided that: "If any provision of this Act [see Short Title of 1988 Amendment note under section 1 of this title ] or the amendments made by this Act or the application of the provision to any person or circumstance is held invalid, the remainder of this Act and such amendments and the application of the provision to any other person or circumstance shall not be affected by that invalidation."
"(a) Definitions .—In this section—
"(1) the term 'crime of violence' has the meaning given that term in section 16 of title 18, United States Code ; and
"(2) the term 'law enforcement officer' means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5, United States Code ; and any special agent in the Diplomatic Security Service of the Department of State.
"(b) Rule of Construction .—Effective on the date of the enactment of this Act [Oct. 21, 1998] and thereafter, and notwithstanding any other provision of law, for purposes of chapter 171 of title 28, United States Code , or any other provision of law relating to tort liability, a law enforcement officer shall be construed to be acting within the scope of his or her office or employment, if the officer takes reasonable action, including the use of force, to—
"(1) protect an individual in the presence of the officer from a crime of violence;
"(2) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
"(3) prevent the escape of any individual who the officer reasonably believes to have committed in the presence of the officer a crime of violence."
"(a) Findings .—The Congress finds and declares the following:
"(1) For more than 40 years the Federal Tort Claims Act [see Short Title note above] has been the legal mechanism for compensating persons injured by negligent or wrongful acts of Federal employees committed within the scope of their employment.
"(2) The United States, through the Federal Tort Claims Act, is responsible to injured persons for the common law torts of its employees in the same manner in which the common law historically has recognized the responsibility of an employer for torts committed by its employees within the scope of their employment.
"(3) Because Federal employees for many years have been protected from personal common law tort liability by a broad based immunity, the Federal Tort Claims Act has served as the sole means for compensating persons injured by the tortious conduct of Federal employees.
"(4) Recent judicial decisions, and particularly the decision of the United States Supreme Court in Westfall v. Erwin, have seriously eroded the common law tort immunity previously available to Federal employees.
"(5) This erosion of immunity of Federal employees from common law tort liability has created an immediate crisis involving the prospect of personal liability and the threat of protracted personal tort litigation for the entire Federal workforce.
"(6) The prospect of such liability will seriously undermine the morale and well being of Federal employees, impede the ability of agencies to carry out their missions, and diminish the vitality of the Federal Tort Claims Act as the proper remedy for Federal employee torts.
"(7) In its opinion in Westfall v. Erwin, the Supreme Court indicated that the Congress is in the best position to determine the extent to which Federal employees should be personally liable for common law torts, and that legislative consideration of this matter would be useful.
"(b) Purpose .—It is the purpose of this Act [see Short Title of 1988 Amendment note under section 1 of this title ] to protect Federal employees from personal liability for common law torts committed within the scope of their employment, while providing persons injured by the common law torts of Federal employees with an appropriate remedy against the United States."
CHAPTER 171 -TORT CLAIMS PROCEDURE!@!Sec. 2672 -->
The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred: Provided, That any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. Notwithstanding the proviso contained in the preceding sentence, any award, compromise, or settlement may be effected without the prior written approval of the Attorney General or his or her designee, to the extent that the Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. Such delegations may not exceed the authority delegated by the Attorney General to the United States attorneys to settle claims for money damages against the United States. Each Federal agency may use arbitration, or other alternative means of dispute resolution under the provisions of subchapter IV of chapter 5 of title 5 , to settle any tort claim against the United States, to the extent of the agency's authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.
Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settlement, or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud.
Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Payment of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter.
The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.