What This Bill Does
This bill changes the rules for how much money lawyers can charge when they represent people in cases related to water contamination at Camp Lejeune, a military base in North Carolina. The bill puts limits on attorney's fees (payments to lawyers) and requires the Navy to create guidance and a payment schedule for people filing claims.
Who It Affects
- Attorneys (lawyers) representing people in Camp Lejeune water contamination cases
- People filing claims or lawsuits related to Camp Lejeune water
- The Secretary of the Navy
- The Attorney General
- Congress
Key Provisions
- Lawyers can charge no more than 12 percent of payment amounts for administrative claims (formal requests for compensation made to the government) and no more than 17 percent for court judgments or settlements (agreements to end a lawsuit) (Sec. 2(a)(2))
- Lawyers cannot charge extra fees or costs beyond the percentages listed above (Sec. 2(a)(2))
- Lawyers must file a statement with the court or Secretary of the Navy certifying the total payment amount and confirming their fees follow the new limits (Sec. 2(a)(2))
- All judgments, settlements and awards must disclose to the Attorney General how much the lawyer charged (Sec. 2(a)(2))
- The Secretary of the Navy must create guidance within 30 days explaining what documentation people need to file a claim (Sec. 2(b))
- The Secretary of the Navy must create a payment schedule within 180 days showing how much different injuries are worth (Sec. 2(c))
What Changes
If this bill becomes law, lawyers representing Camp Lejeune claimants will face strict limits on how much they can charge. Lawyers who charge more than allowed can be fined up to $5,000. The new rules apply to cases that are already pending as well as future cases. The Navy will provide clearer rules about how to file claims and what different injuries are worth in compensation.
Important Definitions
- Administrative claim: a formal request for money made to the government outside of court (Sec. 2(a)(2))
- Offsetting reduction: a reduction in the payment amount applied before calculating the lawyer's fee percentage (Sec. 2(a)(2))
- Ancillary fees or costs: extra charges beyond the main attorney's fee (Sec. 2(a)(2))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 378
To amend the Camp Lejeune Justice Act of 2022 to appropriately limit
attorney’s fees.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. SULLIVAN (for himself, Mr. MCCONNELL, Mr. GRASSLEY, Mr. BARRASSO,
Mr. CRAMER, Mr. DAINES, Ms. LUMMIS, Mr. RUBIO, Mr. TUBERVILLE,
and Mr. COTTON) introduced the following bill; which was read twice and
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protect Camp Lejeune
4
Victims Ensnared by Trial-lawyer’s Scams Act’’ or the
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‘‘Protect Camp Lejeune VETS Act’’.
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•S 378 IS
SEC. 2. ATTORNEYS FEES IN FEDERAL CAUSE OF ACTION
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RELATING TO WATER AT CAMP LEJEUNE,
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NORTH CAROLINA.
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(a) IN GENERAL.—The Camp Lejeune Justice Act
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of 2022 (28 U.S.C. 2671 note prec.) is amended—
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(1) by redesignating subsections (h), (i), and (j)
6
as subsections (j), (k), and (l), respectively; and
7
(2) by inserting after subsection (g) the fol-
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lowing:
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‘‘(h) ATTORNEYS FEES.—
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‘‘(1) LIMITATIONS.—
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‘‘(A) GENERAL
RULE.—Notwithstanding
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any contract, an attorney filing an action under
13
subsection (b) or an administrative action relat-
14
ing to such an action (as described in section
15
2675 of title 28, United States Code) (in this
16
section referred to as an ‘administrative claim’)
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may not receive, for services rendered in con-
18
nection with the action, more than—
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‘‘(i) 12 percent of the payment made
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in the action for an administrative claim
21
(including a resubmission of an adminis-
22
trative claim after the denial of an initial
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administrative claim); or
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‘‘(ii) 17 percent of the payment made
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in the action for a judgment rendered or
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•S 378 IS
settlement entered in an action filed under
1
subsection (b).
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‘‘(B) AMOUNT OF PAYMENT DETERMINED
3
AFTER
OFFSET.—For purposes of this sub-
4
section, the amount of the payment made in an
5
action shall be the amount of the payment after
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any offsetting reduction under subsection (e)(2)
7
is made.
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‘‘(C) PROHIBITION
ON
ANCILLARY
FEES
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AND COSTS.—Attorneys fees paid in accordance
10
with this subsection may not include any ancil-
11
lary fees or costs.
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‘‘(2) PENALTY.—Any attorney who violates
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paragraph (1) shall be fined not more than $5,000.
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‘‘(3) CERTIFICATION
OF
FEES.—An attorney
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that receives payment for services rendered in con-
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nection with an action filed under subsection (b) or
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an administrative claim shall submit to the court in
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which the action under subsection (b) is pending or
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to the Secretary of the Navy, respectively, a state-
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ment certifying—
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‘‘(A) the total amount of the payment in
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the action;
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‘‘(B) the amount of the payment to the at-
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torney with respect to the action; and
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•S 378 IS
‘‘(C) whether the percentage of the pay-
1
ment made to the attorney is in accordance
2
with paragraph (1).
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‘‘(4) DISCLOSURE.—
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‘‘(A) IN
GENERAL.—Any judgment ren-
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dered, settlement entered, or other award made
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with respect to an action filed under subsection
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(b) or an administrative claim shall require dis-
8
closure to the Attorney General or to the court
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of the attorneys fees charged to an individual,
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or the legal representative of an individual.
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‘‘(B) REPORTING.—The Attorney General
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shall collect the disclosures under subparagraph
13
(A) of attorneys fees charged and submit to
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Congress an annual report detailing—
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‘‘(i) the total amount paid under such
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judgments, settlements, and awards;
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‘‘(ii) the total amount of attorney fees
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paid in connection with such judgments,
19
settlements, and awards; and
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‘‘(iii) for each such judgment, settle-
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ment, or award—
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‘‘(I) the name of the attorney for
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the individual or legal representative
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of the individual;
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‘‘(II) if applicable, the law firm
1
of the attorney; and
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‘‘(III) the amount of fees paid to
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the attorney.
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‘‘(5) APPLICABILITY.—This subsection shall
5
apply with respect to any action filed under sub-
6
section (b) and any administrative action that is
7
pending on, or that is filed on or after, the date of
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enactment of the Protect Camp Lejeune VETS Act,
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including pending matters in which a judgment was
10
rendered, a settlement was entered, or another
11
award was made before such date of enactment.
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‘‘(6) SEVERABILITY.—If any provision of this
13
subsection or the application of such provision to
14
any person or circumstance is held to be invalid or
15
unconstitutional, the remainder of this subsection
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and the application of such provisions to any person
17
or circumstance shall not be affected thereby.’’.
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(b) GUIDANCE.—Not later than 30 days after the
19
date of enactment of this Act, the Secretary of the Navy
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shall issue guidance for claimants under the Camp
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Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.)
22
regarding the documentation necessary to establish a
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claim under such Act.
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(c) COMPENSATION SCHEDULE.—Not later than 180
1
days after the date of enactment of this Act, the Secretary
2
of the Navy shall issue a compensation schedule specifying
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the amount of payments for claimants under the Camp
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Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.),
5
based on the injuries suffered by the claimant.
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Æ
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