[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5130 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5130
To amend the Camp Lejeune Justice Act of 2022 to appropriately limit
attorney's fees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Sullivan (for himself, Mr. Grassley, Mr. Cramer, Mr. Tuberville,
Ms. Ernst, and Mr. McConnell) 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 appropriately limit
attorney's fees.
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 ``Protect Camp Lejeune Victims
Ensnared by Trial-lawyer's Scams Act'' or the ``Protect Camp Lejeune
VETS Act''.
SEC. 2. ATTORNEYS FEES IN FEDERAL CAUSE OF ACTION RELATING TO WATER AT
CAMP LEJEUNE, NORTH CAROLINA.
(a) In General.--The Camp Lejeune Justice Act of 2022 (28 U.S.C.
2671 note prec.) is amended--
(1) by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Attorney Fees.--
``(1) General rule.--Notwithstanding any contract, the
attorney of an individual, or of the legal representative of an
individual, may not receive, for services rendered in
connection with an action filed under subsection (b) or any
administrative action relating to such an action (as described
in section 2675 of title 28, United States Code) (in this
subsection referred to as an `administrative claim'), more than
the percentage specified in paragraph (2) of a payment made in
the action.
``(2) Applicable percentage limitations.--The percentage
specified in this paragraph is--
``(A) 2 percent for an administrative claim with
respect to which a party entered a contract for
services on or after August 10, 2022; or
``(B) 10 percent for--
``(i) an administrative claim with respect
to which a party entered a contract for
services before August 10, 2022;
``(ii) a resubmission of an administrative
claim after the denial of an initial
administrative claim, without regard to the
date on which the party entered the applicable
contract for services; or
``(iii) a judgment rendered or settlement
entered in an action filed under subsection
(b).
``(3) Penalty.--Any attorney who violates paragraph (1)
shall be fined not more than $5,000.
``(4) Terms for payment of fees.--Any judgment rendered,
settlement entered, or other award made with respect to an
action filed under subsection (b) or an administrative claim
shall provide that--
``(A) the Government may not pay attorneys fees to
an attorney directly; and
``(B) attorneys fees shall be payable to the
attorney by an individual, or legal representative of
an individual, after the individual or legal
representative receives the amounts payable under the
judgment, settlement, or award.
``(5) Disclosure.--
``(A) In general.--Any judgment rendered,
settlement entered, or other award made with respect to
an action filed under subsection (b) or an
administrative claim shall require disclosure to the
Attorney General or to the court of the attorneys fees
charged to an individual, or the legal representative
of an individual.
``(B) Reporting.--The Attorney General shall
collect the disclosures under subparagraph (A) of
attorneys fees charged and submit to Congress an annual
report detailing--
``(i) the total amount paid under such
judgments, settlements, and awards;
``(ii) the total amount of attorney fees
paid in connection with such judgments,
settlements, and awards; and
``(iii) for each such judgment, settlement,
or award--
``(I) the name of the attorney for
the individual or legal representative
of the individual;
``(II) if applicable, the law firm
of the attorney; and
``(III) the amount of fees paid to
the attorney.''.
(b) Update of Regulations.--The Secretary of Veterans Affairs shall
amend section 14.636 of title 38, Code of Federal Regulations, and any
other relevant regulations, to comply with the amendments made by
subsection (a).
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