[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Page S7203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6522. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill H.R. 7776, to provide for improvements to the rivers 
and harbors of the United States, to provide for the conservation and 
development of water and related resources, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle G of title X of 
     division A, insert the following:

     SEC. 10__. PROTECT CAMP LEJEUNE VETS.

       (a) Short Title.--This section may be cited as the 
     ``Protect Camp Lejeune Victims Ensnared by Trial-lawyer's 
     Scams Act'' or the ``Protect Camp Lejeune VETS Act''.
       (b) Attorneys Fees in Federal Cause of Action Relating to 
     Water at Camp Lejeune, North Carolina.--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) Attorneys Fees.--
       ``(1) Limitations.--
       ``(A) 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.
       ``(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.--Attorneys fees paid 
     in accordance with this subsection may not include any 
     ancillary fees.
       ``(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.''.

       (c) 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 (b).
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