,,ii  #aahth ,,congress  #ast ,session  
,s4 #bhje  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ad1
 #bjbc,mr4 ,kennedy 7for himself and    
,mr4 ,manchin7 introduced the following 
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend chapter #aaa of title 
#bh1 ,united ,states ,code1 to increase 
transparency and oversight of           
third-party funding by foreign persons1 
to prohibit third-party funding by      
foreign states and sovereign wealth     
funds1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,protecting ,our ,courts from       
,foreign ,manipulation ,act of #bjbc4   
#b4 ,transparency and limitations on    
foreign third-party litigation funding  
7a7 ,in general ,chapter #aaa of title  
#bh1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#affj4 ,transparency and limitations on 
foreign third-party litigation funding  
7a7 ,definitions ,in this section-- 7#a7

 the term foreign person-- 7,a7 means   
any person or entity that is not a      
,united ,states person1 as defined in   
section #aja of the ,foreign            
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja72 and  7,b7  
does not include a foreign state or a   
sovereign wealth fund2  7#b7 the term   
foreign state has the meaning given that
 term in section #afjc2 and  7#c7 the   
term sovereign wealth fund means an     
investment fund owned or controlled by a
 foreign state1 an agency or            
instrumentality of a foreign state 7as  
defined in section #afjc71 or an agent  
of a foreign principal 7as defined in   
section #a of the ,foreign ,agents      
,registration ,act of #aich1 as amended 
7#bb ,u4,s4,c4 #faa774  7b7 ,disclosure 
of third-,party litigation funding and  
foreign source certification by foreign 
persons1 foreign states1 and sovereign  
wealth funds  7#a7 ,in general ,in any  
civil action1 each party or the counsel 
of record for the party shall-- 7,a7    

disclose in writing to the court1 to all
 other named parties to the civil       
action1 to the ,attorney ,general1 and  
to the ,principal ,deputy ,assistant    
,attorney ,general for ,national        
,security-- 7i7 the name1 the address1  
and1 if applicable1 the citizenship or  
the country of incorporation or         
registration of any foreign person1     
foreign state1 or sovereign wealth fund1
 other than the named parties or counsel
 of record1 that has a right to receive 
any payment that is contingent in any   
respect on the outcome of the civil     
action by settlement1 judgment1 or      
otherwise2  7ii7 the name1 the address1 
and1 if applicable1 the citizenship or  
the country of incorporation or         
registration of any foreign person1     
foreign state1 or sovereign wealth fund1
 other than the named parties or counsel
 of record1 that has a right to receive 
any payment that is contingent in any   
respect on the outcome of any matter    
within a portfolio that includes the    

civil action and involves the same      
counsel of record or affiliated counsel2
 and  7iii7 if the party or the counsel 
of record for the party submits a       
certification described in subparagraph 
7,c77i71 the name1 the address1 and1 if 
applicable1 the citizenship or the      
country of incorporation or registration
 of the foreign person1 foreign state1  
or sovereign wealth fund that is the    
source of the money2  7,b7 produce to   
the court1 to all other named parties to
 the civil action1 to the ,attorney     
,general1 and to the ,principal ,deputy 
,assistant ,attorney ,general for       
,national ,security1 except as otherwise
 stipulated or ordered by the court1 a  
copy of any agreement creating a        
contingent right described in           
subparagraph 7,a72 and  7,c7 for a civil
 action involving an agreement creating 
a right to receive any payment by       
anyone1 other than the named parties or 
counsel of record1 that is contingent in
 any respect on the outcome of the civil

 action by settlement1 judgment1 or     
otherwise1 or on the outcome of any     
matter within a portfolio that includes 
the civil action and involves the same  
counsel or affiliated counsel1 submit to
 the court a certification that-- 7i7   
the money that has been or will be used 
to satisfy any term of the agreement has
 been or will be directly or indirectly 
sourced1 in whole or in part1 from a    
foreign person1 foreign state1 or       
sovereign wealth fund1 including the    
monetary amounts that have been or will 
be used to satisfy the agreement2 or    
7ii7 that the disclosure and            
certification criteria set forth in     
subparagraph 7,a77iii7 and clause 7i7 of
 this subparagraph do not apply to the  
civil action4  7#b7 ,timing  7,a7 ,in   
general ,the disclosure and             
certification required by paragraph 7#a7
 shall be made not later than the later 
of-- 7i7 #cj days after execution of any
 agreement described in paragraph 7#a72 
or  7ii7 the date on which the civil    

action is filed4  7,b7 ,parties served  
or joined later ,a party that enters    
into an agreement described in paragraph
 7#a7 that is first served or joined    
after the date on which the civil action
 is filed shall make the disclosure and 
certification required by paragraph 7#a7
 not later than #cj days after being    
served or joined1 unless a different    
time is set by stipulation or court     
order4  7#c7 ,foreign source disclosure 
and certification format  7,a7 ,in      
general ,a disclosure required under    
paragraph 7#a77;,a7 and a certification 
required under paragraph 7#a77;,c7      
shall-- 7i7 be made in the form of a    
declaration under penalty of perjury    
pursuant to section #agdf and shall be  
made to the best knowledge1 information1
 and belief of the declarant formed     
after reasonable inquiry2 and  7ii7 be  
provided to all other named parties to  
the civil action1 to the ,attorney      
,general1 and to the ,principal ,deputy 
,assistant ,attorney ,general for       

,national ,security by the party or     
counsel of record for the party making  
the disclosure and certification1 except
 as otherwise stipulated or ordered by  
the court4  7,b7 ,supplementation and   
correction ,not later than #cj days     
after the date on which a party or      
counsel of record for the party knew or 
should have known that the disclosure   
required under paragraph 7#a77;,a7 or a 
certification required under paragraph  
7#a77;,c7 is incomplete or inaccurate in
 any material respect1 the party or     
counsel of record shall supplement or   
correct the disclosure or certification4
  7c7 ,prohibition on third-,party      
funding litigation by foreign states and
 sovereign wealth funds  7#a7 ,in       
general ,it shall be unlawful for any   
party to or counsel of record for a     
civil action to enter into an agreement 
creating a right for anyone1 other than 
the named parties or counsel of record1 
to receive any payment that is          
contingent in any respect on the outcome

 of a civil action or any matter within 
a portfolio that includes the civil     
action and involves the same counsel of 
record or affiliated counsel1 the terms 
of which are to be satisfied by money   
that has been or will be directly or    
indirectly sourced1 in whole or in part1
 from a foreign state or a sovereign    
wealth fund4  7#b7 ,enforcement ,any    
agreement entered in violation of       
paragraph 7#a7 shall be null and void4  
7d7 ,failure ,to disclose1 ,to          
supplement2 sanctions ,a disclosure1    
production1 or certification under      
subsection 7b7 is deemed to be          
information required by rule #bf7;a7 of 
the ,federal ,rules of ,civil ,procedure
 and subject to the sanctions provisions
 of rule #cg of the ,federal ,rules of  
,civil ,procedure4  4  7b7 ,technical   
and conforming amendment ,the table of  
sections chapter #aaa of title #bh1     
,united ,states ,code1 is amended by    
adding at the end the following3  #affj4
 ,transparency and limitations on       

foreign third-party litigation funding4 
4  #c4 ,report to ,congress ,not later  
than #a year after the date of enactment
 of this ,act1 and annually thereafter1 
the ,attorney ,general shall submit to  
the ,committee on the ,judiciary of the 
,senate and the ,committee on the       
,judiciary of the ,house of             
,representatives a report on the        
activities involving foreign third-party
 litigation funding in ,federal courts1 
including1 if applicable-- 7#a7 the     
identities of foreign third-party       
litigation funders in ,federal courts1  
including names1 addresses1 and         
citizenship or country of incorporation 
or registration2  7#b7 the identities of
 foreign persons1 foreign states1 or    
sovereign wealth funds 7as such terms   
are defined in section #affj of title   
#bh1 ,united ,states ,code1 as added by 
section #b of this ,act7 that have been 
the sources of money for third-party    
litigation funding in ,federal courts2  
7#c7 the judicial districts in which    

foreign third-party litigation funding  
has occurred2  7#d7 an estimate of the  
total amount of foreign-sourced money   
used for third-party litigation funding 
in ,federal courts1 including an        
estimate of the amount of such money    
sourced from each country2 and  7#e7 a  
summary of the subject matters of the   
civil actions in ,federal courts for    
which foreign sourced money has been    
used for third-party litigation funding4
  #d4 ,applicability ,the amendments    
made by this ,act shall apply to any    
civil action pending on or commenced on 
or after the date of enactment of this  
,act4