Us Congress Senate Bill SB2805

Us Congress 2023-2024 Regular Session

• Introduced: 9/14/23
• Refer: 9/14/23

Caption

Protecting Our Courts from Foreign Manipulation Act of 2023

Impact

The bill mandates that parties involved in civil actions must disclose any foreign funding arrangements, transparently reporting the identity and source of such funding to the courts. This includes details on the entities providing financial backing and the nature of their involvement. Additionally, SB2805 requires that the Attorney General report annually to Congress regarding activities related to foreign third-party litigation funding, thus aiming for continued oversight and transparency in such financial interactions within the judicial system.

Summary

SB2805, known as the Protecting Our Courts from Foreign Manipulation Act of 2023, aims to increase transparency and oversight concerning third-party funding for litigation by foreign entities. The bill proposes to amend chapter 111 of title 28, United States Code, by introducing strict regulations on third-party funding, particularly prohibiting any funding sourced from foreign states or sovereign wealth funds. This legislation seeks to address concerns over foreign influence in the U.S. legal system by enforcing disclosure requirements and limiting the involvement of foreign entities in funding civil litigation.

Contention

While proponents argue that SB2805 is necessary for protecting the integrity of the U.S. judiciary and ensuring that foreign interests do not manipulate legal outcomes, there are concerns among some legal experts and civil liberties advocates regarding implications for legitimate litigation funded by non-U.S. entities. Critics warn that the strict prohibition on funding from foreign states and sovereign wealth funds could stifle access to justice for individuals or entities that rely on these resources, potentially creating an imbalance in the legal system favoring those who are domestically funded.