[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 925
To amend the Camp Lejeune Justice Act of 2022 to appropriately limit
attorney's fees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Issa (for himself and Mr. Bost) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Camp Lejeune Justice Act of 2022 to appropriately limit
attorney's fees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Camp Lejeune Victims
Ensnared by Trial-lawyer's Scams Act'' or the ``Protect Camp Lejeune
VETS Act''.
SEC. 2. ATTORNEYS FEES IN FEDERAL CAUSE OF ACTION RELATING TO WATER AT
CAMP LEJEUNE, NORTH CAROLINA.
(a) In General.--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.''.
(b) 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.
(c) 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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