[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9922 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9922
To amend title 28, United States Code, to provide for transparency and
oversight of third-party beneficiaries in civil actions.
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IN THE HOUSE OF REPRESENTATIVES
October 4, 2024
Mr. Issa (for himself and Mr. Fitzgerald) introduced the following
bill; which was referred to the Committee on the Judiciary
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A BILL
To amend title 28, United States Code, to provide for transparency and
oversight of third-party beneficiaries in civil actions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Litigation Transparency Act of
2024''.
SEC. 2. TRANSPARENCY AND OVERSIGHT OF THIRD-PARTY BENEFICIARIES IN
CIVIL CASES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Third-party beneficiary disclosure
``(a) In General.--Except as provided in subsection (b), in any
civil action, a party or any counsel of record for a party shall--
``(1) disclose in writing to the court and all other named
parties to the civil action the identity of any person (other
than counsel of record) that has a right to receive any payment
or thing of value that is contingent on the outcome of the
civil action or a group of actions of which the civil action is
a part; and
``(2) produce to the court and to each other named party to
the civil action, for inspection and copying, any agreement
creating a contingent right referred to in paragraph (1),
including any ancillary agreement or document, except as
otherwise stipulated or ordered by the court.
``(b) Exception.--The requirements under subsection (a) shall not
apply with respect to a person that has a right to receive payment
described in subsection (a)(1) if the right to receive payment is
solely--
``(1) the repayment of the principal of a loan;
``(2) the repayment of the principal of a loan plus
interest that does not exceed the higher of 7 percent or a rate
two times the annual average 30-year constant maturity Treasury
yield, as published by the Board of Governors of the Federal
Reserve System, for the year preceding the date on which the
relevant agreement was executed; or
``(3) the reimbursement of attorney's fees.
``(c) Timing.--The disclosures required by subsection (a) shall be
made not later than the later of--
``(1) 10 days after the execution of any agreement
described in subsection (a)(2); or
``(2) the time of the filing of the action before the
court.
``(d) Duty To Correct.--A party or counsel of record that made a
disclosure required by this section shall supplement or correct each
such disclosure in a timely manner--
``(1) if such party or counsel of record learns that the
disclosure is or has become incomplete or incorrect in some
material respect, if the additional or corrective information
has not otherwise been made known to the other parties during
the discovery process or in writing; or
``(2) as ordered by the court.''.
(b) Clerical Amendment.--The table of sections for chapter 111 of
title 28, United States Code, is amended by adding at the end the
following:
``1660. Third-party beneficiary disclosure.''.
SEC. 3. APPLICABILITY.
The amendments made by this Act shall apply to any civil action
pending on or commenced after the date of enactment of this Act.
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