[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2478-S2479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 283. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

[[Page S2479]]

  


     SEC. 1083. PROTECT CAMP LEJEUNE VETS ACT.

       (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 (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.''.
       (c) 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.
       (d) 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.
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