[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Introduced in Senate (IS)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Access to Justice for
Veterans Act of 2023''.
SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL CAUSE OF ACTION
RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA.
Section 804 of the Sergeant First Class Heath Robinson Honoring our
Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117-
168; 28 U.S.C. 2671 note prec.) is amended by adding at the end the
following new subsection:
``(k) Attorney Fees.--
``(1) Limitations.--No legal representative of an
individual who brings an action under subsection (b) or who
presents a claim under section 2675 of title 28, United States
Code, pursuant to subsection (h) shall charge, demand, receive,
or collect for services rendered in bringing such action or
presenting such claim, fees in excess of--
``(A) 20 percent of an award, compromise, or
settlement made or reached within 180 days after
presenting a claim under section 2675 of title 28,
United States Code, pursuant to subsection (h); and
``(B) 33.3 percent on a claim that is resolved by
settlement, compromise, or judgement after the
initiation of an action.
``(2) Terms for payment of fees.--Any judgment rendered,
settlement entered, compromise made, or other award made with
respect to an action brought under subsection (b) or a claim
presented under section 2675 of title 28, United States Code,
pursuant to subsection (h) by a legal representative of an
individual shall require the following:
``(A) All funds from the judgment, settlement,
compromise, or other award shall be deposited into an
account held in trust for the individual in accordance
with all applicable provisions of State law.
``(B) The legal representative shall--
``(i) once any funds described in
subparagraph (A) have been deposited into an
account pursuant to such subparagraph, notify
the individual of such deposit; and
``(ii) promptly deliver to such individual
such amount of such funds as the individual is
entitled to receive.
``(C) That no funds shall be paid from the account
described in subparagraph (A) to a legal representative
of the individual as compensation for services rendered
to such individual until the relevant funds from such
account have been disbursed to the individual in
accordance with subparagraph (B).
``(3) Penalties.--
``(A) Fee limitations.--Any legal representative
who charges, demands, receives, or collects for
services rendered in connection with an action under
subsection (b) or a claim under section 2675 of title
28, United States Code, pursuant to subsection (h), any
amount in excess of that allowed under paragraph (1) of
this subsection, if recovery be had, shall be fined not
more than $5,000.
``(B) Terms for payment.--Failure of a legal
representative subject to paragraph (2) to comply with
a requirement of such paragraph shall be punishable
consistent with the penalties provided in section 2678
of title 28, United States Code.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to annul, alter, affect, or exempt any
person from complying with the laws of any State or locality
with respect to the practice of law, except to the extent that
those laws are inconsistent with any provision of this
subsection, and then only to the extent of the
inconsistency.''.
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