117 S5130 IS: Protect Camp Lejeune Victims Ensnared by Trial-lawyer’s Scams Act U.S. Senate 2022-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 5130IN THE SENATE OF THE UNITED STATESNovember 17, 2022Mr. 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 JudiciaryA BILLTo amend the Camp Lejeune Justice Act of 2022 to appropriately limit attorney's fees.

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.

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).