H.R. 1204 – Reading Mode

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.

Short title

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

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.