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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Access to Jus5 tice for Veterans Act of 2023’’. 


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•S 1275 IS

1 SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL 

2 CAUSE OF ACTION RELATING TO WATER AT 

3 CAMP LEJEUNE, NORTH CAROLINA. 

4 Section 804 of the Sergeant First Class Heath Robin5 son Honoring our Promise to Address Comprehensive 

6 Toxics Act of 2022 (Public Law 117–168; 28 U.S.C. 2671 

7 note prec.) is amended by adding at the end the following 

8 new subsection: 

9 ‘‘(k) ATTORNEY FEES.— 

10 ‘‘(1) LIMITATIONS.—No legal representative of 

11 an individual who brings an action under subsection 

12 (b) or who presents a claim under section 2675 of 

13 title 28, United States Code, pursuant to subsection 

14 (h) shall charge, demand, receive, or collect for serv15 ices rendered in bringing such action or presenting 

16 such claim, fees in excess of— 

17 ‘‘(A) 20 percent of an award, compromise, 

18 or settlement made or reached within 180 days 

19 after presenting a claim under section 2675 of 

20 title 28, United States Code, pursuant to sub21 section (h); and 

22 ‘‘(B) 33.3 percent on a claim that is re23 solved by settlement, compromise, or judgement 

24 after the initiation of an action. 

25 ‘‘(2) TERMS FOR PAYMENT OF FEES.—Any 

26 judgment rendered, settlement entered, compromise 


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•S 1275 IS

1 made, or other award made with respect to an action 

2 brought under subsection (b) or a claim presented 

3 under section 2675 of title 28, United States Code, 

4 pursuant to subsection (h) by a legal representative 

5 of an individual shall require the following: 

6 ‘‘(A) All funds from the judgment, settle7 ment, compromise, or other award shall be de8 posited into an account held in trust for the in9 dividual in accordance with all applicable provi10 sions of State law. 

11 ‘‘(B) The legal representative shall— 

12 ‘‘(i) once any funds described in sub13 paragraph (A) have been deposited into an 

14 account pursuant to such subparagraph, 

15 notify the individual of such deposit; and 

16 ‘‘(ii) promptly deliver to such indi17 vidual such amount of such funds as the 

18 individual is entitled to receive. 

19 ‘‘(C) That no funds shall be paid from the 

20 account described in subparagraph (A) to a 

21 legal representative of the individual as com22 pensation for services rendered to such indi23 vidual until the relevant funds from such ac24 count have been disbursed to the individual in 

25 accordance with subparagraph (B). 


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•S 1275 IS

1 ‘‘(3) PENALTIES.— 

2 ‘‘(A) FEE LIMITATIONS.—Any legal rep3 resentative who charges, demands, receives, or 

4 collects for services rendered in connection with 

5 an action under subsection (b) or a claim under 

6 section 2675 of title 28, United States Code, 

7 pursuant to subsection (h), any amount in ex8 cess of that allowed under paragraph (1) of this 

9 subsection, if recovery be had, shall be fined not 

10 more than $5,000. 

11 ‘‘(B) TERMS FOR PAYMENT.—Failure of a 

12 legal representative subject to paragraph (2) to 

13 comply with a requirement of such paragraph 

14 shall be punishable consistent with the penalties 

15 provided in section 2678 of title 28, United 

16 States Code. 

17 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection shall be construed to annul, alter, af19 fect, or exempt any person from complying with the 

20 laws of any State or locality with respect to the 

21 practice of law, except to the extent that those laws 

22 are inconsistent with any provision of this sub23 section, and then only to the extent of the inconsist24 ency.’’. 

Æ 


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