What This Bill Does
This bill limits how much money lawyers can charge people who sue the federal government over contaminated water at Camp Lejeune, North Carolina. The bill changes rules about attorney fees (money paid to lawyers for their work) in these water contamination cases.
##
Who It Affects
- Individuals who bring lawsuits related to contaminated water at Camp Lejeune
- Legal representatives (lawyers) representing these individuals
- The federal government (as the defendant in these cases)
##
Key Provisions
- Lawyers can charge no more than 20 percent of money awarded if a case is settled within 180 days after a claim is presented to the government (Sec. 2, subsection k(1)(A))
- Lawyers can charge no more than 33.3 percent of money awarded if a case is settled, compromised or decided in court after a lawsuit officially begins (Sec. 2, subsection k(1)(B))
- All money from a judgment, settlement or award must be put into a bank account held in trust for the individual, and the lawyer must notify the person and give them their share before taking their own fees (Sec. 2, subsection k(2))
- Lawyers who charge more than the allowed fees can be fined up to $5,000 (Sec. 2, subsection k(3)(A))
##
What Changes
If this bill becomes law, lawyers representing people in Camp Lejeune water cases will have strict limits on fees they can charge. Currently, these limits do not exist for these particular cases. Lawyers must also follow new rules about how they receive payment from settlements or judgments.
##
Important Definitions
- **Legal representative:** A lawyer or attorney
- **Subsection (b):** The part of the existing law that creates the right to sue the federal government over Camp Lejeune water
- **Section 2675:** The federal law process where people present claims to the government before filing a lawsuit
##
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1204
To amend the Sergeant First Class Heath Robinson Honoring our Promise
to Address Comprehensive Toxics Act of 2022 to limit attorney fees
available under the Federal cause of action relating to water at Camp
Lejeune, North Carolina, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2023
Mr. NADLER (for himself and Mr. TAKANO) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend the Sergeant First Class Heath Robinson Hon-
oring our Promise to Address Comprehensive Toxics Act
of 2022 to limit attorney fees available under the Federal
cause of action relating to water at Camp Lejeune, North
Carolina, and for other purposes.
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 Access to Jus-
4
tice for Veterans Act’’.
5
VerDate Sep 11 2014
03:46 Mar 12, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1204.IH
H1204
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1204 IH
SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL
1
CAUSE OF ACTION RELATING TO WATER AT
2
CAMP LEJEUNE, NORTH CAROLINA.
3
Section 804 of the Sergeant First Class Heath Robin-
4
son Honoring our Promise to Address Comprehensive
5
Toxics Act of 2022 (Public Law 117–168; 28 U.S.C. 2671
6
note prec.) is amended by adding at the end the following
7
new subsection:
8
‘‘(k) ATTORNEY FEES.—
9
‘‘(1) LIMITATIONS.—No legal representative of
10
an individual who brings an action under subsection
11
(b) or who presents a claim under section 2675 of
12
title 28, United States Code, pursuant to subsection
13
(h) shall charge, demand, receive, or collect for serv-
14
ices rendered in bringing such action or presenting
15
such claim, fees in excess of—
16
‘‘(A) 20 percent of an award, compromise,
17
or settlement made or reached within 180 days
18
after presenting a claim under section 2675 of
19
title 28, United States Code, pursuant to sub-
20
section (h); and
21
‘‘(B) 33.3 percent on a claim that is re-
22
solved by settlement, compromise, or judgement
23
after the initiation of an action.
24
‘‘(2) TERMS
FOR
PAYMENT
OF
FEES.—Any
25
judgment rendered, settlement entered, compromise
26
VerDate Sep 11 2014
03:46 Mar 12, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1204.IH
H1204
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1204 IH
made, or other award made with respect to an action
1
brought under subsection (b) or a claim presented
2
under section 2675 of title 28, United States Code,
3
pursuant to subsection (h) by a legal representative
4
of an individual shall require the following:
5
‘‘(A) All funds from the judgment, settle-
6
ment, compromise, or other award shall be de-
7
posited into an account held in trust for the in-
8
dividual in accordance with all applicable provi-
9
sions of State law.
10
‘‘(B) The legal representative shall—
11
‘‘(i) once any funds described in sub-
12
paragraph (A) have been deposited into an
13
account pursuant to such subparagraph,
14
notify the individual of such deposit; and
15
‘‘(ii) promptly deliver to such indi-
16
vidual such amount of such funds as the
17
individual is entitled to receive.
18
‘‘(C) That no funds shall be paid from the
19
account described in subparagraph (A) to a
20
legal representative of the individual as com-
21
pensation for services rendered to such indi-
22
vidual until the relevant funds from such ac-
23
count have been disbursed to the individual in
24
accordance with subparagraph (B).
25
VerDate Sep 11 2014
03:46 Mar 12, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1204.IH
H1204
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 1204 IH
‘‘(3) PENALTIES.—
1
‘‘(A) FEE
LIMITATIONS.—Any legal rep-
2
resentative who charges, demands, receives, or
3
collects for services rendered in connection with
4
an action under subsection (b) or a claim under
5
section 2675 of title 28, United States Code,
6
pursuant to subsection (h), any amount in ex-
7
cess of that allowed under paragraph (1) of this
8
subsection, if recovery be had, shall be fined not
9
more than $5,000.
10
‘‘(B) TERMS FOR PAYMENT.—Failure of a
11
legal representative subject to paragraph (2) to
12
comply with a requirement of such paragraph
13
shall be punishable consistent with the penalties
14
provided in section 2678 of title 28, United
15
States Code.
16
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
17
this subsection shall be construed to annul, alter, af-
18
fect, or exempt any person from complying with the
19
laws of any State or locality with respect to the
20
practice of law, except to the extent that those laws
21
are inconsistent with any provision of this sub-
22
section, and then only to the extent of the inconsist-
23
ency.’’.
24
Æ
VerDate Sep 11 2014
03:46 Mar 12, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1204.IH
H1204
kjohnson on DSK79L0C42PROD with BILLS