I 
118TH CONGRESS 
1ST SESSION H. R. 5488 
To amend chapter 111 of title 28, United States Code, to increase trans-
parency and oversight of third-party funding by foreign persons, to 
prohibit third-party funding by foreign states and sovereign wealth funds, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2023 
Mr. JOHNSON of Louisiana introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend chapter 111 of title 28, United States Code, 
to increase transparency and oversight of third-party 
funding by foreign persons, to prohibit third-party fund-
ing by foreign states and sovereign wealth funds, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Courts 
from Foreign Manipulation Act of 2023’’. 
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SEC. 2. TRANSPARENCY AND LIMITATIONS ON FOREIGN 
THIRD-PARTY LITIGATION FUNDING. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1660. Transparency and limitations on foreign 
third-party litigation funding 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘foreign person’— 
‘‘(A) means any person or entity that is 
not a United States person, as defined in sec-
tion 101 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801); and 
‘‘(B) does not include a foreign state or a 
sovereign wealth fund; 
‘‘(2) the term ‘foreign state’ has the meaning 
given that term in section 1603; and 
‘‘(3) the term ‘sovereign wealth fund’ means an 
investment fund owned or controlled by a foreign 
state, an agency or instrumentality of a foreign state 
(as defined in section 1603), or an agent of a for-
eign principal (as defined in section 1 of the Foreign 
Agents Registration Act of 1938, as amended (22 
U.S.C. 611)). 
‘‘(b) DISCLOSURE
OF THIRD-PARTY LITIGATION 
FUNDING
AND FOREIGN SOURCE CERTIFICATION
BY 
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any respect on the outcome of any matter 
within a portfolio that includes the civil ac-
tion and involves the same counsel of 
record or affiliated counsel; and 
‘‘(iii) if the party or the counsel of 
record for the party submits a certification 
described in subparagraph (C)(i), the 
name, the address, and, if applicable, the 
citizenship or the country of incorporation 
or registration of the foreign person, for-
eign state, or sovereign wealth fund that is 
the source of the money; 
‘‘(B) produce to the court, to all other 
named parties to the civil action, to the Attor-
ney General, and to the Principal Deputy As-
sistant Attorney General for National Security, 
except as otherwise stipulated or ordered by the 
court, a copy of any agreement creating a con-
tingent right described in subparagraph (A); 
and 
‘‘(C) for a civil action involving an agree-
ment creating a right to receive any payment by 
anyone, other than the named parties or coun-
sel of record, that is contingent in any respect 
on the outcome of the civil action by settlement, 
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judgment, or otherwise, or on the outcome of 
any matter within a portfolio that includes the 
civil action and involves the same counsel or af-
filiated counsel, submit to the court a certifi-
cation that— 
‘‘(i) the money that has been or will 
be used to satisfy any term of the agree-
ment has been or will be directly or indi-
rectly sourced, in whole or in part, from a 
foreign person, foreign state, or sovereign 
wealth 
fund, 
including 
the 
monetary 
amounts that have been or will be used to 
satisfy the agreement; or 
‘‘(ii) that the disclosure and certifi-
cation criteria set forth in subparagraph 
(A)(iii) and clause (i) of this subparagraph 
do not apply to the civil action. 
‘‘(2) TIMING.— 
‘‘(A) IN
GENERAL.—The disclosure and 
certification required by paragraph (1) shall be 
made not later than the later of— 
‘‘(i) 30 days after execution of any 
agreement described in paragraph (1); or 
‘‘(ii) the date on which the civil action 
is filed. 
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‘‘(B) 
PARTIES
SERVED
OR
JOINED 
LATER.—A party that enters into an agreement 
described in paragraph (1) that is first served 
or joined after the date on which the civil action 
is filed shall make the disclosure and certifi-
cation required by paragraph (1) not later than 
30 days after being served or joined, unless a 
different time is set by stipulation or court 
order. 
‘‘(3) FOREIGN SOURCE DISCLOSURE AND CER-
TIFICATION FORMAT.— 
‘‘(A) IN GENERAL.—A disclosure required 
under paragraph (1)(A) and a certification re-
quired under paragraph (1)(C) shall— 
‘‘(i) be made in the form of a declara-
tion under penalty of perjury pursuant to 
section 1746 and shall be made to the best 
knowledge, information, and belief of the 
declarant formed after reasonable inquiry; 
and 
‘‘(ii) be provided to all other named 
parties to the civil action, to the Attorney 
General, and to the Principal Deputy As-
sistant Attorney General for National Se-
curity by the party or counsel of record for 
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the party making the disclosure and cer-
tification, except as otherwise stipulated or 
ordered by the court. 
‘‘(B) SUPPLEMENTATION
AND
CORREC-
TION.—Not later than 30 days after the date 
on which a party or counsel of record for the 
party knew or should have known that the dis-
closure required under paragraph (1)(A) or a 
certification required under paragraph (1)(C) is 
incomplete or inaccurate in any material re-
spect, the party or counsel of record shall sup-
plement or correct the disclosure or certifi-
cation. 
‘‘(c) PROHIBITION ON THIRD-PARTY FUNDING LITI-
GATION BY FOREIGN STATES AND SOVEREIGN WEALTH 
FUNDS.— 
‘‘(1) 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 anyone, 
other than the named parties or counsel of record, 
to receive any payment that is contingent in any re-
spect 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 
counsel, the terms of which are to be satisfied by 
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money that has been or will be directly or indirectly 
sourced, in whole or in part, from a foreign state or 
a sovereign wealth fund. 
‘‘(2) ENFORCEMENT.—Any agreement entered 
in violation of paragraph (1) shall be null and void. 
‘‘(d) FAILURE TO DISCLOSE, TO SUPPLEMENT; 
SANCTIONS.—A disclosure, production, or certification 
under subsection (b) is deemed to be information required 
by rule 26(a) of the Federal Rules of Civil Procedure and 
subject to the sanctions provisions of rule 37 of the Fed-
eral Rules of Civil Procedure.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘1660. Transparency and limitations on foreign third-party litigation funding.’’. 
SEC. 3. REPORT TO CONGRESS. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Attorney General 
shall submit to the Committee on the Judiciary of the Sen-
ate and the Committee on the Judiciary of the House of 
Representatives a report on the activities involving foreign 
third-party litigation funding in Federal courts, including, 
if applicable— 
(1) the identities of foreign third-party litiga-
tion funders in Federal courts, including names, ad-
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