H.R. 1204House118th Congress (2023-2025)In Committee

Protect Access to Justice for Veterans Act

Introduced February 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:01 AM UTC

The Protect Access to Justice for Veterans Act amends the 2022 Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act to place limits on attorney fees for claims related to contaminated water at Camp Lejeune. It aims to ensure veterans and other claimants can receive more of any award or settlement. The rule applies to legal representatives handling federal actions or claims under the specified sections of the law.

Key Provisions

  • Attorney fees are capped at 20% of any award, compromise, or settlement reached within 180 days of filing the claim, and at 33.3% for claims resolved later.
  • All award funds must be deposited into a trust account for the claimant, who must be notified and receive their share before any attorney payment is made.
  • Attorneys who charge fees above the limits can be fined up to $5,000, and non‑compliance with payment rules can trigger penalties under existing 28 U.S.C. §2678.
  • The provision does not override state law on legal practice except where state rules conflict with these fee limits.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

February 27, 2023

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HouseIntro Referral

Introduced in House

February 27, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 27, 2023

Bill Text

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Introduced in HouseIssued February 27, 2023

I

118th CONGRESS

1st Session

H. R. 1204

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 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.

1.

Short title

This Act may be cited as the Protect Access to Justice for Veterans Act.

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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