[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Page S7254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 5274. A bill to amend title 38, United States Code, to reinstate 
criminal penalties for persons charging veterans unauthorized fees 
relating to claims for benefits under the laws administered by the 
Secretary of Veterans Affairs, and for other purposes; to the Committee 
on Veterans' Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 5274

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

     SECTION 1. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS 
                   UNAUTHORIZED FEES RELATING TO CLAIMS FOR 
                   BENEFITS UNDER LAWS ADMINISTERED BY THE 
                   SECRETARY OF VETERANS AFFAIRS.

       Section 5905 of title 38, United States Code, is amended--
       (1) in the section heading, by striking ``Penalty'' and 
     inserting ``Penalties'' (and conforming the table of sections 
     at the beginning of chapter 59 of such title accordingly);
       (2) by striking ``Whoever'' and inserting the following:
       ``(a) Withholding of Benefits.--Whoever''; and
       (3) by adding at the end the following new subsection:
       ``(b) Charging of Unauthorized Fees.--Except as provided in 
     sections 5904 or 1984 of this title, whoever solicits, 
     contracts for, charges, or receives, or attempts to solicit, 
     contract for, charge, or receive, any fee or compensation 
     with respect to the preparation, presentation, or prosecution 
     of any claim for benefits under the laws administered by the 
     Secretary shall be fined as provided in title 18.''.

     SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL CAUSE OF 
                   ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH 
                   CAROLINA.

       Section 804 of the Sergeant First Class Heath Robinson 
     Honoring our Promise to Address Comprehensive Toxics Act of 
     2022 (Public Law 117-168; 28 U.S.C. 2671 note prec.) is 
     amended by adding at the end the following new subsection:
       ``(k) Attorney Fees.--
       ``(1) Limitations.--No legal representative of an 
     individual who brings an action under subsection (b) or who 
     presents a claim under section 2675 of title 28, United 
     States Code, pursuant to subsection (h) shall charge, demand, 
     receive, or collect for services rendered in bringing such 
     action or presenting such claim, fees in excess of--
       ``(A) 20 percent of an award, compromise, or settlement 
     made or reached within 180 days after presenting a claim 
     under section 2675 of title 28, United States Code, pursuant 
     to subsection (h); and
       ``(B) 33.3 percent on a claim that is resolved by 
     settlement, compromise, or judgement after the initiation of 
     an action.
       ``(2) Terms for payment of fees.--Any judgment rendered, 
     settlement entered, compromise made, or other award made with 
     respect to an action brought under subsection (b) or a claim 
     presented under section 2675 of title 28, United States Code, 
     pursuant to subsection (h) by a legal representative of an 
     individual shall require the following:
       ``(A) All funds from the judgment, settlement, compromise, 
     or other award shall be deposited into an account held in 
     trust for the individual in accordance with all applicable 
     provisions of State law.
       ``(B) The legal representative shall--
       ``(i) once any funds described in subparagraph (A) have 
     been deposited into an account pursuant to such subparagraph, 
     notify the individual of such deposit; and
       ``(ii) promptly deliver to such individual such amount of 
     such funds as the individual is entitled to receive.
       ``(C) That no funds shall be paid from the account 
     described in subparagraph (A) to a legal representative of 
     the individual as compensation for services rendered to such 
     individual until the relevant funds from such account have 
     been disbursed to the individual in accordance with 
     subparagraph (B).
       ``(3) Penalties.--
       ``(A) Fee limitations.--Any legal representative who 
     charges, demands, receives, or collects for services rendered 
     in connection with an action under subsection (b) or a claim 
     under section 2675 of title 28, United States Code, pursuant 
     to subsection (h), any amount in excess of that allowed under 
     paragraph (1) of this subsection, if recovery be had, shall 
     be fined not more than $5,000.
       ``(B) Terms for payment.--Failure of a legal representative 
     subject to paragraph (2) to comply with a requirement of such 
     paragraph shall be punishable consistent with the penalties 
     provided in section 2678 of title 28, United States Code.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to annul, alter, affect, or exempt any 
     person from complying with the laws of any State or locality 
     with respect to the practice of law, except to the extent 
     that those laws are inconsistent with any provision of this 
     subsection, and then only to the extent of the 
     inconsistency.''.
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