- Disclosure Requirements:Every party in a federal civil action must disclose, under penalty of perjury, any foreign person, entity, state, or sovereign wealth fund with a right to payments contingent on the case outcome.
- Certification:Parties must certify the sources of litigation funding and update the court if anything changes—ensuring there’s no place to hide.
- Prohibition on Foreign State and Sovereign Wealth Fund Funding:The bill flatly prohibits any party from entering into agreements where foreign states or their sovereign wealth funds would benefit from U.S. litigation. Any such contract is deemed null and void.
- Enforcement and Penalties:Violations are subject to Federal Rules of Civil Procedure sanctions, which can include monetary penalties, case dismissal, or even contempt charges.
- Annual Reporting:The Attorney General must report to Congress each year, detailing all instances of foreign litigation funding, country sources, and case subjects—giving lawmakers and the public visibility into the scope of the threat.
As Congressman Ben Cline, the bill’s author, noted: “This is about ensuring American courts answer only to the American people—not to Beijing, Moscow, or any foreign capital with deep pockets and deeper motives.”
The Protecting Our Courts from Foreign Manipulation Act stands as a first-in-the-nation effort to shine light on the dark money that can distort American justice. If passed, it will arm judges, litigants, and the public with the tools to sniff out hidden influence and level the legal playing field.
But the stakes are higher than any one lawsuit. By closing the door to foreign interference, Congress hopes to:
