[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 378

 To amend the Camp Lejeune Justice Act of 2022 to appropriately limit 
                            attorney's fees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

 Mr. Sullivan (for himself, Mr. McConnell, Mr. Grassley, Mr. Barrasso, 
Mr. Cramer, Mr. Daines, Ms. Lummis, Mr. Rubio, Mr. Tuberville, and Mr. 
    Cotton) 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 (j), (k), and (l), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Attorneys Fees.--
            ``(1) Limitations.--
                    ``(A) General rule.--Notwithstanding any contract, 
                an attorney filing an action under subsection (b) or an 
                administrative action relating to such an action (as 
                described in section 2675 of title 28, United States 
                Code) (in this section referred to as an 
                `administrative claim') may not receive, for services 
                rendered in connection with the action, more than--
                            ``(i) 12 percent of the payment made in the 
                        action for an administrative claim (including a 
                        resubmission of an administrative claim after 
                        the denial of an initial administrative claim); 
                        or
                            ``(ii) 17 percent of the payment made in 
                        the action for a judgment rendered or 
                        settlement entered in an action filed under 
                        subsection (b).
                    ``(B) Amount of payment determined after offset.--
                For purposes of this subsection, the amount of the 
                payment made in an action shall be the amount of the 
                payment after any offsetting reduction under subsection 
                (e)(2) is made.
                    ``(C) Prohibition on ancillary fees and costs.--
                Attorneys fees paid in accordance with this subsection 
                may not include any ancillary fees or costs.
            ``(2) Penalty.--Any attorney who violates paragraph (1) 
        shall be fined not more than $5,000.
            ``(3) Certification of fees.--An attorney that receives 
        payment for services rendered in connection with an action 
        filed under subsection (b) or an administrative claim shall 
        submit to the court in which the action under subsection (b) is 
        pending or to the Secretary of the Navy, respectively, a 
        statement certifying--
                    ``(A) the total amount of the payment in the 
                action;
                    ``(B) the amount of the payment to the attorney 
                with respect to the action; and
                    ``(C) whether the percentage of the payment made to 
                the attorney is in accordance with paragraph (1).
            ``(4) 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.
            ``(5) Applicability.--This subsection shall apply with 
        respect to any action filed under subsection (b) and any 
        administrative action that is pending on, or that is filed on 
        or after, the date of enactment of the Protect Camp Lejeune 
        VETS Act, including pending matters in which a judgment was 
        rendered, a settlement was entered, or another award was made 
        before such date of enactment.
            ``(6) Severability.--If any provision of this subsection or 
        the application of such provision to any person or circumstance 
        is held to be invalid or unconstitutional, the remainder of 
        this subsection and the application of such provisions to any 
        person or circumstance shall not be affected thereby.''.
    (b) Guidance.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of the Navy shall issue guidance for 
claimants under the Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 
note prec.) regarding the documentation necessary to establish a claim 
under such Act.
    (c) Compensation Schedule.--Not later than 180 days after the date 
of enactment of this Act, the Secretary of the Navy shall issue a 
compensation schedule specifying the amount of payments for claimants 
under the Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.), 
based on the injuries suffered by the claimant.
                                 <all>