II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Camp Lejeune 

5 Victims Ensnared by Trial-lawyer’s Scams Act’’ or the 

6 ‘‘Protect Camp Lejeune VETS Act’’. 


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•S 5130 IS

1 SEC. 2. ATTORNEYS FEES IN FEDERAL CAUSE OF ACTION 

2 RELATING TO WATER AT CAMP LEJEUNE, 

3 NORTH CAROLINA. 

4 (a) IN GENERAL.—The Camp Lejeune Justice Act 

5 of 2022 (28 U.S.C. 2671 note prec.) is amended— 

6 (1) by redesignating subsections (h), (i), and (j) 

7 as subsections (i), (j), and (k), respectively; and 

8 (2) by inserting after subsection (g) the fol9 lowing: 

10 ‘‘(h) ATTORNEY FEES.— 

11 ‘‘(1) GENERAL RULE.—Notwithstanding any 

12 contract, the attorney of an individual, or of the 

13 legal representative of an individual, may not re14 ceive, for services rendered in connection with an ac15 tion filed under subsection (b) or any administrative 

16 action relating to such an action (as described in 

17 section 2675 of title 28, United States Code) (in this 

18 subsection referred to as an ‘administrative claim’), 

19 more than the percentage specified in paragraph (2) 

20 of a payment made in the action. 

21 ‘‘(2) APPLICABLE PERCENTAGE LIMITATIONS.— 

22 The percentage specified in this paragraph is— 

23 ‘‘(A) 2 percent for an administrative claim 

24 with respect to which a party entered a contract 

25 for services on or after August 10, 2022; or 

26 ‘‘(B) 10 percent for— 


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•S 5130 IS

1 ‘‘(i) an administrative claim with re2 spect to which a party entered a contract 

3 for services before August 10, 2022; 

4 ‘‘(ii) a resubmission of an administra5 tive claim after the denial of an initial ad6 ministrative claim, without regard to the 

7 date on which the party entered the appli8 cable contract for services; or 

9 ‘‘(iii) a judgment rendered or settle10 ment entered in an action filed under sub11 section (b). 

12 ‘‘(3) PENALTY.—Any attorney who violates 

13 paragraph (1) shall be fined not more than $5,000. 

14 ‘‘(4) TERMS FOR PAYMENT OF FEES.—Any 

15 judgment rendered, settlement entered, or other 

16 award made with respect to an action filed under 

17 subsection (b) or an administrative claim shall pro18 vide that— 

19 ‘‘(A) the Government may not pay attor20 neys fees to an attorney directly; and 

21 ‘‘(B) attorneys fees shall be payable to the 

22 attorney by an individual, or legal representa23 tive of an individual, after the individual or 

24 legal representative receives the amounts pay25 able under the judgment, settlement, or award. 


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•S 5130 IS

1 ‘‘(5) DISCLOSURE.— 

2 ‘‘(A) IN GENERAL.—Any judgment ren3 dered, settlement entered, or other award made 

4 with respect to an action filed under subsection 

5 (b) or an administrative claim shall require dis6 closure to the Attorney General or to the court 

7 of the attorneys fees charged to an individual, 

8 or the legal representative of an individual. 

9 ‘‘(B) REPORTING.—The Attorney General 

10 shall collect the disclosures under subparagraph 

11 (A) of attorneys fees charged and submit to 

12 Congress an annual report detailing— 

13 ‘‘(i) the total amount paid under such 

14 judgments, settlements, and awards; 

15 ‘‘(ii) the total amount of attorney fees 

16 paid in connection with such judgments, 

17 settlements, and awards; and 

18 ‘‘(iii) for each such judgment, settle19 ment, or award— 

20 ‘‘(I) the name of the attorney for 

21 the individual or legal representative 

22 of the individual; 

23 ‘‘(II) if applicable, the law firm 

24 of the attorney; and 


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•S 5130 IS

1 ‘‘(III) the amount of fees paid to 

2 the attorney.’’. 

3 (b) UPDATE OF REGULATIONS.—The Secretary of 

4 Veterans Affairs shall amend section 14.636 of title 38, 

5 Code of Federal Regulations, and any other relevant regu6 lations, to comply with the amendments made by sub7 section (a). 

Æ 


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