Protect Access to Justice for Veterans Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1275 To impose limitations on attorney fees for Federal causes of action relating to water at Camp Lejeune, North Carolina, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 25, 2023 Mr. DURBIN (for himself, Mr. BLUMENTHAL, Mr. MERKLEY, and Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To impose limitations on attorney fees for Federal causes 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 of 2023’’. 5 VerDate Sep 11 2014 21:42 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1275.IS S1275 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1275 IS SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL 1 CAUSE OF ACTION RELATING TO WATER AT 2 CAMP LEJEUNE, NORTH CAROLINA. 3 Section 804 of the Sergeant First Class Heath Robin- 4 son Honoring our Promise to Address Comprehensive 5 Toxics Act of 2022 (Public Law 117–168; 28 U.S.C. 2671 6 note prec.) is amended by adding at the end the following 7 new subsection: 8 ‘‘(k) ATTORNEY FEES.— 9 ‘‘(1) LIMITATIONS.—No legal representative of 10 an individual who brings an action under subsection 11 (b) or who presents a claim under section 2675 of 12 title 28, United States Code, pursuant to subsection 13 (h) shall charge, demand, receive, or collect for serv- 14 ices rendered in bringing such action or presenting 15 such claim, fees in excess of— 16 ‘‘(A) 20 percent of an award, compromise, 17 or settlement made or reached within 180 days 18 after presenting a claim under section 2675 of 19 title 28, United States Code, pursuant to sub- 20 section (h); and 21 ‘‘(B) 33.3 percent on a claim that is re- 22 solved by settlement, compromise, or judgement 23 after the initiation of an action. 24 ‘‘(2) TERMS FOR PAYMENT OF FEES.—Any 25 judgment rendered, settlement entered, compromise 26 VerDate Sep 11 2014 21:42 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1275.IS S1275 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1275 IS 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 21:42 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1275.IS S1275 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1275 IS ‘‘(3) PENALTIES.— 1 ‘‘(A) FEE LIMITATIONS.—Any legal rep- 2 resentative who charges, demands, receives, or 3 collects for services rendered in connection with 4 an action under subsection (b) or a claim under 5 section 2675 of title 28, United States Code, 6 pursuant to subsection (h), any amount in ex- 7 cess of that allowed under paragraph (1) of this 8 subsection, if recovery be had, shall be fined not 9 more than $5,000. 10 ‘‘(B) TERMS FOR PAYMENT.—Failure of a 11 legal representative subject to paragraph (2) to 12 comply with a requirement of such paragraph 13 shall be punishable consistent with the penalties 14 provided in section 2678 of title 28, United 15 States Code. 16 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 17 this subsection shall be construed to annul, alter, af- 18 fect, or exempt any person from complying with the 19 laws of any State or locality with respect to the 20 practice of law, except to the extent that those laws 21 are inconsistent with any provision of this sub- 22 section, and then only to the extent of the inconsist- 23 ency.’’. 24 Æ VerDate Sep 11 2014 21:42 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1275.IS S1275 pbinns on DSKJLVW7X2PROD with $$_JOB