H.R. 1109

119 HR 1109 IH: Litigation Transparency Act of 2025
 U.S. House of Representatives
 2025-02-07
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 I  119th CONGRESS  1st Session  H. R. 1109  IN THE HOUSE OF REPRESENTATIVES   February 7, 2025   Mr. Issa  (for himself,  Mr. Collins , and  Mr. Fitzgerald ) introduced the following bill; which was referred to the  Committee on the Judiciary    A BILL
To amend title 28, United States Code, to provide for transparency and oversight of third-party beneficiaries in civil actions.
1.
Short title
This Act may be cited as the   Litigation Transparency Act of 2025  .
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:
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.
  .
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.