[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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