S. 1275Senate118th Congress (2023-2025)In Committee

Protect Access to Justice for Veterans Act of 2023

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Updated January 20, 2026 at 6:35 AM UTC

The Protect Access to Justice for Veterans Act of 2023 limits the amount attorneys can charge veterans who bring federal lawsuits over contaminated water at Camp Lejeune. It caps fees at 20% of any award or settlement reached within 180 days of filing a claim, and at 33.3% for claims settled later. The law requires settlement funds to be placed in a trust account for the veteran and mandates that the veteran receive their share before any attorney payment. It adds penalties for lawyers who exceed the caps or fail to follow the payment rules.

Key Provisions

Attorney fees are limited to 20% of an award or settlement if resolved within 180 days of filing the claim, and to 33.3% for claims resolved later.
All settlement or judgment funds must be deposited into a trust account for the individual veteran, with the veteran notified and paid before any attorney compensation.
Attorneys may not be paid from the trust account until the veteran’s portion has been disbursed.
Violations of the fee limits can be fined up to $5,000, and other non‑compliance is subject to penalties under 28 U.S.C. §2678.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S1347)

Judiciary Committee

April 25, 2023

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SenateIntro Referral

Introduced in Senate

April 25, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S1347)

Judiciary Committee

April 25, 2023

Floor Debate

3 members

What members said about S. 1275 on the floor

1 Republican2 Democrats

Sen. Jack ReedD-RI · Apr 25, 2023

Madam President, I am pleased to introduce the bipartisan Strengthening Research in Adult Education Act with my colleague, Senator Young. We are in urgent need of identifying and disseminating…

Madam President, I am pleased to introduce the bipartisan Strengthening Research in Adult Education Act with my colleague, Senator Young. We are in urgent need of identifying and disseminating innovative and effective methods for supporting adult learners. Our legislation will ensure that there is a strong research base to improve educational programs for adults seeking to advance their literacy, numeracy, and digital and information literacy skills.

The most recent data from the Program for the International Assessment of Adult Competencies show an urgent need for action in adult education, with an estimated 18 percent of adults ages 16 to 65 in the United States performing at the lowest levels of literacy; 28 percent at the lowest levels of numeracy; and 23 percent at the lowest levels of digital problem solving. This is a dire situation. These are essential skills for postsecondary education and the workplace. Beyond their value in the labor market, these skills are also correlated with health and civic participation, making adult education critically important to the health and well-being of our people, our economy, and our democracy.

In Rhode Island, it is estimated that more than 84,000 working-age adults have less than a high school education. Nearly 65,000 have limited English proficiency. Yet we are reaching just over 5,000 through the current adult education program. Clearly, we need more resources and innovative, research-based ways to reach more people.

The Strengthening Research in Adult Education Act will provide a critical foundation for improving the effectiveness and reach of adult education programs by ensuring that adult education is included in our national education research priorities. Specifically, the Strengthening Research in Adult Education Act will amend the Education Sciences Reform Act to require the Institute for Education Sciences and the National Center for Education Statistics to collect data and carry out research on successful State and local adult education and literacy activities, the characteristics and academic achievement of adult learners, and access to and opportunity for adult education, including digital and information literacy skills development, in communities across the country. It will also ensure that the Institute of Education Sciences draws on the expertise of adult educators when developing policies and priorities. Finally, the legislation will require that at least one research center focus on adult education.

These straightforward amendments to the Education Sciences Reform Act will go a long way to strengthening the research base that will support the improvement of adult education across the country. I was pleased to work with the adult education community and particularly the Coalition on Adult Basic Education and the National Coalition for Literacy in developing this legislation. I urge my colleagues to support the Strengthening Research in Adult Education Act and to work with me to ensure that its provisions are included in the reauthorization of the Education Sciences Reform Act.

Sen. Richard J. DurbinD-IL · Apr 25, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Mitch McConnellR-KY · Apr 25, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Apr 25, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 25, 2023

118th CONGRESS

1st Session

S. 1275

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.

Short title

This Act may be cited as the Protect Access to Justice for Veterans Act of 2023.

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.