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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5130 Introduced in Senate (IS)]

<DOC>

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).
                                 <all>
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