Title 42 — The Public Health and Welfare
Part C · Chapter 84 — Department of Energy
§ 7385g. Attorney fees
Statutory text
General rule
Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual for payment of lump-sum compensation under part B, more than that percentage specified in subsection (b) of a payment made under part B on such claim.
Applicable percentage limitations
The percentage referred to in subsection (a) is—
2 percent for the filing of an initial claim for payment of lump-sum compensation; and
10 percent with respect to objections to a recommended decision denying payment of lump-sum compensation.
Inapplicability to other services
This section shall not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.
Penalty
Any such representative who violates this section shall be fined not more than $5,000.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 106–398 § 1(dC)(tXXXVI)(s3648) · 114 Stat. 1654
Enacted · 42 U.S.C. § 7385g
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], Oct. 30, 2000, 114 Stat. 1654, 1654A–511
Source evidence
Code source credit
Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], Oct. 30, 2000, 114 Stat. 1654, 1654A–511Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(6)(A) · 115 Stat. 1012
Inserted · 42 U.S.C. § 7385g(a)
Pub. L. 107–107, § 3151(a)(6)(A), inserted “for payment of lump-sum compensation” after “the claim of an individual”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–107, § 3151(a)(6)(A), inserted “for payment of lump-sum compensation” after “the claim of an individual”.Enacted provision · exact public law section
(A) in subsection (a), by inserting after “the claim of an individual” the following: “for payment of lump-sum compensation”;National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(6)(B) · 115 Stat. 1012
Inserted · 42 U.S.C. § 7385g(b)(1)
Pub. L. 107–107, § 3151(a)(6)(B), inserted “for payment of lump-sum compensation” after “initial claim”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–107, § 3151(a)(6)(B), inserted “for payment of lump-sum compensation” after “initial claim”.Enacted provision · exact public law section
(B) in subsection (b)(1), by inserting after “initial claim” the following: “for payment of lump-sum compensation”;National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(6)(C) · 115 Stat. 1012
Substituted · 42 U.S.C. § 7385g(b)(2)
Pub. L. 107–107, § 3151(a)(6)(C), substituted “with respect to objections to a recommended decision denying payment of lump-sum compensation” for “with respect to any claim with respect to which a representative has made a contract for services before October 30, 2000”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 107–107, § 3151(a)(6)(C), substituted “with respect to objections to a recommended decision denying payment of lump-sum compensation” for “with respect to any claim with respect to which a representative has made a contract for services before October 30, 2000”.Enacted provision · exact public law section
(C) in subsection (b)(2), by striking “with respect to any claim” and all that follows through the period at the end and inserting “with respect to objections to a recommended decision denying payment of lump-sum compensation.”;National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 3151(a)(6)(D) · 115 Stat. 1012
Added · 42 U.S.C. § 7385g(c); 42 U.S.C. § 7385g(d)
Pub. L. 107–107, § 3151(a)(6)(D), (E), added subsec. (c)
Redesignated · 42 U.S.C. § 7385g(c); 42 U.S.C. § 7385g(d)
Pub. L. 107–107, § 3151(a)(6)(D), (E), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 107–107, § 3151(a)(6)(D), (E), added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
(D) by redesignating subsection (c) as subsection (d); and
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments
2001—Subsec. (a). Pub. L. 107–107, § 3151(a)(6)(A), inserted “for payment of lump-sum compensation” after “the claim of an individual”.
Subsec. (b)(1). Pub. L. 107–107, § 3151(a)(6)(B), inserted “for payment of lump-sum compensation” after “initial claim”.
Subsec. (b)(2). Pub. L. 107–107, § 3151(a)(6)(C), substituted “with respect to objections to a recommended decision denying payment of lump-sum compensation” for “with respect to any claim with respect to which a representative has made a contract for services before ”.
Subsecs. (c), (d). Pub. L. 107–107, § 3151(a)(6)(D), (E), added subsec. (c) and redesignated former subsec. (c) as (d).
Credits
2000–2001 · 2 acts
- 2000Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], , 114 Stat. 1654, 1654A–511
- 2001Pub. L. 107–107, div. C, title XXXI, § 3151(a)(6), , 115 Stat. 1375.
Show as published
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], , 114 Stat. 1654, 1654A–511; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(6), , 115 Stat. 1375.)