S.Amdt. 6522Senate117th Congress (2021-2023)

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

What it does: Adds SEC. 10__. PROTECT CAMP LEJEUNE VETS at the appropriate place in subtitle G of title X of division A
Submitted December 14, 2022

What it changes

1 change to H.R. 7776

Adds a section
  1. Adds SEC. 10__. PROTECT CAMP LEJEUNE VETS at the appropriate place in subtitle G of title X of division A

    Adds a section

    Inserted: SEC. 10__. PROTECT CAMP LEJEUNE VETS.

    Inserted: (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".

    Inserted: (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--

    Inserted: (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and

    Inserted: (2) by inserting after subsection (g) the following:

    Inserted: "(h) Attorneys Fees.--

    Inserted: "(1) Limitations.--

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(C) Prohibition on ancillary fees.--Attorneys fees paid in accordance with this subsection may not include any ancillary fees.

    Inserted: "(2) Applicable percentage limitations.--The percentage specified in this paragraph is--

    Inserted: "(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

    Show 18 more inserted paragraphs

    Inserted: "(B) 10 percent for--

    Inserted: "(i) an administrative claim with respect to which a party entered a contract for services before August 10, 2022;

    Inserted: "(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

    Inserted: "(iii) a judgment rendered or settlement entered in an action filed under subsection (b).

    Inserted: "(3) Penalty.--Any attorney who violates paragraph (1) shall be fined not more than $5,000.

    Inserted: "(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--

    Inserted: "(A) the Government may not pay attorneys fees to an attorney directly; and

    Inserted: "(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.

    Inserted: "(5) Disclosure.--

    Inserted: "(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.

    Inserted: "(B) Reporting.--The Attorney General shall collect the disclosures under subparagraph (A) of attorneys fees charged and submit to Congress an annual report detailing--

    Inserted: "(i) the total amount paid under such judgments, settlements, and awards;

    Inserted: "(ii) the total amount of attorney fees paid in connection with such judgments, settlements, and awards; and

    Inserted: "(iii) for each such judgment, settlement, or award--

    Inserted: "(I) the name of the attorney for the individual or legal representative of the individual;

    Inserted: "(II) if applicable, the law firm of the attorney; and

    Inserted: "(III) the amount of fees paid to the attorney.".

    Inserted: (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).

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

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).

Legislative Activity

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Senate amendment proposed (on the floor): Amendment SA 6522 proposed by Senator Sullivan.

December 15, 2022

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Floor

Senate amendment proposed (on the floor): Amendment SA 6522 proposed by Senator Sullivan.

December 15, 2022

Floor

Amendment SA 6522 proposed by Senator Sullivan. (consideration: CR S7227-7230; text: CR S7227) To amend the Camp Lejeune Justice Act of 2022 to appropriately limit attorney's fees.

December 15, 2022

Floor

Proposed amendment SA 6522 withdrawn in Senate.

December 15, 2022

Floor

Senate amendment submitted

December 14, 2022