Floor SpeechNeutral2026-06-24

Text of Senate Amendment 6469

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Context

On 2026-06-24, Senator Katie Boyd Britt (R-AL) delivered a floor speech titled "Text Of Senate Amendment 6469" in the Senate.

Full Text

Text of Senate Amendment 6469

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3594-S3598] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6469. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE ___--FAIR ACCESS TO CRITICAL COMPUTING TECHNOLOGIES SEC. ___1. DEFINITIONS. In this title: (1) Control.--The term ``control'' means, with respect to a person (referred to in this paragraph as the ``controlled person''), that another person-- (A) holds, directly or indirectly, 25 percent or more of the voting interests in the controlled person; (B) has the power to direct or cause the direction of management and policies of the controlled person; or (C) otherwise meets the definition of control with respect to the controlled person under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) and the regulations prescribed under that section. (2) Covered instruction set architecture.--The term ``covered instruction set architecture'' means an instruction set architecture for which a covered ISA provider grants royalty-bearing licenses to 2 or more unaffiliated persons for commercial or governmental use. (3) Covered isa provider.--The term ``covered ISA provider'' means-- (A) any person that-- (i) designs, controls, or grants intellectual property licenses for rights to implement an instruction set architecture; and (ii) is-- (I) not a United States person; or (II) owned or controlled, directly or indirectly, by a foreign person; or (B) any foreign person that owns, controls, or is under common ownership or control with a person described in subparagraph (A). (4) Foreign person.--The term ``foreign person'' means any-- (A) foreign national; (B) foreign government; (C) foreign entity; or (D) entity over which control is exercised or exercisable, directly or indirectly, by any foreign national, foreign government, or foreign entity. (5) Instruction set architecture.--The term ``instruction set architecture''-- (A) means a functional specification defining a programmable interface of a computer central processing unit; and (B) includes all specifications, documentation, versions, updates, revisions, verification resources, compliance materials, reference implementations, certifications, and other information, deliverables, or materials necessary or reasonably necessary to enable full and effective implementation and commercialization of a functional specification described in subparagraph (A). (6) United states person.--The term ``United States person'' means any-- (A) United States citizen; (B) lawful permanent resident of the United States; or (C) entity organized under the laws of-- (i) the United States; or (ii) any jurisdiction within the United States. SEC. ___2. FINDINGS. Congress finds the following: (1) Computer instruction set architectures and their associated intellectual property, specifications, documentation, and compliance resources are fundamental to the functioning and interoperability of semiconductors, computing systems, and software that are the foundation of critical infrastructure, national defense systems, and other sensitive applications. (2) Excessive concentration of control over an instruction set architecture that has become entrenched in systems or applications described in paragraph (1) may create national and economic security vulnerabilities and undermine the national defense, including by enabling supply chain disruption, coercion, discrimination, and strategic denial against United States persons. (3) United States semiconductor leadership is essential to the national security and economic security of the United States and requires that United States semiconductor companies and other United States persons have access to entrenched instruction set architectures on terms that are fair, reasonable, and nondiscriminatory. (4) Critical infrastructure, national defense systems, and other sensitive applications in the United States have become substantially dependent on a limited number of instruction set architectures, and disruption of access to those instruction set architectures would impair the ability of the United States to procure, maintain, operate, and modernize systems essential to the national defense. SEC. ___3. LICENSING OBLIGATIONS OF COVERED ISA PROVIDERS. (a) Obligations.-- (1) In general.--A covered ISA provider shall make available any covered instruction set architecture to any United States person on licensing terms that are fair, reasonable, and nondiscriminatory in view of any licenses, implied licenses, authorizations, or equivalent rights to implement the covered instruction set architecture that the covered ISA provider has granted to any other United States person or foreign person. (2) Contents.--A license for a covered instruction set architecture made available under paragraph (1) shall include at least those rights sufficient to permit the applicable licensee to design, make, cause to be made, use, sell, offer for sale, import, and export (subject to applicable export controls) products or services that implement the covered instruction set architecture. (3) Prohibition.--A covered ISA provider may not exclude, foreclose, or disadvantage United States persons in the provision of license rights to any covered instruction set architecture. (b) Exception.--Subsection (a) shall not apply to an instruction set architecture that a covered ISA provider makes available to the public through royalty-free open- source licenses. (c) Special Rules for Licensing Disputes.--In the event of a dispute between a covered ISA provider and an existing or prospective licensee regarding the terms of a license to a covered instruction set architecture (referred to in this subsection as a ``disputed license''), the following rules shall apply: (1) Upon written notice of the dispute from the existing or prospective licensee, the covered ISA provider may not bar, delay, condition, degrade, or otherwise restrict access to that covered instruction set architecture by the existing or prospective licensee during the pendency of the dispute. (2) Access to the covered instruction set architecture provided under paragraph (1) shall not prejudice the right of the covered ISA provider to be compensated for the use of the covered instruction set architecture by the licensee upon resolution of the license dispute. (3) A court or other applicable tribunal hearing the dispute shall ensure that the court or tribunal, as applicable, and the parties to the dispute have complete and open access to the terms of all other licenses for a covered instruction set architecture granted by the covered ISA provider to any other person so that the court or tribunal may determine fair, reasonable, and nondiscriminatory terms for the disputed license. SEC. ___4. PROHIBITION ON ANTI-CHALLENGE AND RETALIATORY LICENSING PRACTICES. (a) Anti-challenge Provisions Void.--Any provision in a license or other agreement, whether express or implied, between a covered ISA provider and a United States person that prohibits, restricts, penalizes, or otherwise limits the ability of that United States person to assert, bring, or maintain a legal challenge in a court of competent jurisdiction with respect to any intellectual property owned or controlled by the covered ISA provider, including patents, copyrights, trademarks, or other intellectual property rights, shall be void and unenforceable. (b) Prohibition on Retaliation.--A covered ISA provider may not, directly or indirectly, retaliate against a United States person for asserting or pursuing a legal challenge described in subsection (a), including by-- (1) terminating or threatening to terminate a license or other relevant agreement; (2) suspending, curtailing, conditioning, or otherwise limiting rights granted under that license or agreement; (3) withholding, delaying, degrading, or refusing to perform any obligation required under that license or agreement; or (4) taking any other action intended to deter, punish, or disadvantage the United States person for the exercise of rights under United States law. (c) Non-waiver.--The protections of this section-- (1) may not be waived, whether by contract, agreement, course of dealing, or otherwise; and (2) shall apply notwithstanding any contrary provision in a license or related agreement. SEC. ____5. ENFORCEMENT AND REMEDIES. (a) Attorney General Enforcement Authority.--The Attorney General may bring a civil action against a covered ISA provider in an appropriate district court of the United States with respect to a violation of this title by the covered ISA provider. (b) Private Right of Action.--Any United States person aggrieved by a violation of this title, whether that United States person is an existing or prospective licensee, may bring a civil action against the applicable covered ISA provider in an appropriate district court of the United States for legal or equitable relief, including specific performance, to enforce compliance with this title. (c) Interim Relief.--In any action brought under subsection (a) or (b)-- (1) upon a prima facie showing by a United States person of a violation of this title by a covered ISA provider, the United States person shall be entitled to a rebuttable presumption of irreparable harm for purposes of preliminary or interim equitable relief; and (2) the court, upon weighing the traditional factors governing preliminary and interim equitable relief,

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Text of Senate Amendment 6469 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3594-S3598] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6469. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE ___--FAIR ACCESS TO CRITICAL COMPUTING TECHNOLOGIES SEC. ___1. DEFINITIONS. In this title: (1) Control.--The term ``control'' means, with respect to a person (referred to in this paragraph as the ``controlled person''), that another person-- (A) holds, directly or indirectly, 25 percent or more of the voting interests in the controlled person; (B) has the power to direct or cause the direction of management and policies of the controlled person; or (C) otherwise meets the definition of control with respect to the controlled person under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) and the regulations prescribed under that section. (2) Covered instruction set architecture.--The term ``covered instruction set architecture'' means an instruction set architecture for which a covered ISA provider grants royalty-bearing licenses to 2 or more unaffiliated persons for commercial or governmental use. (3) Covered isa provider.--The term ``covered ISA provider'' means-- (A) any person that-- (i) designs, controls, or grants intellectual property licenses for rights to implement an instruction set architecture; and (ii) is-- (I) not a United States person; or (II) owned or controlled, directly or indirectly, by a foreign person; or (B) any foreign person that owns, controls, or is under common ownership or control with a person described in subparagraph (A). (4) Foreign person.--The term ``foreign person'' means any-- (A) foreign national; (B) foreign government; (C) foreign entity; or (D) entity over which control is exercised or exercisable, directly or indirectly, by any foreign national, foreign government, or foreign entity. (5) Instruction set architecture.--The term ``instruction set architecture''-- (A) means a functional specification defining a programmable interface of a computer central processing unit; and (B) includes all specifications, documentation, versions, updates, revisions, verification resources, compliance materials, reference implementations, certifications, and other information, deliverables, or materials necessary or reasonably necessary to enable full and effective implementation and commercialization of a functional specification described in subparagraph (A). (6) United states person.--The term ``United States person'' means any-- (A) United States citizen; (B) lawful permanent resident of the United States; or (C) entity organized under the laws of-- (i) the United States; or (ii) any jurisdiction within the United States. SEC. ___2. FINDINGS. Congress finds the following: (1) Computer instruction set architectures and their associated intellectual property, specifications, documentation, and compliance resources are fundamental to the functioning and interoperability of semiconductors, computing systems, and software that are the foundation of critical infrastructure, national defense systems, and other sensitive applications. (2) Excessive concentration of control over an instruction set architecture that has become entrenched in systems or applications described in paragraph (1) may create national and economic security vulnerabilities and undermine the national defense, including by enabling supply chain disruption, coercion, discrimination, and strategic denial against United States persons. (3) United States semiconductor leadership is essential to the national security and economic security of the United States and requires that United States semiconductor companies and other United States persons have access to entrenched instruction set architectures on terms that are fair, reasonable, and nondiscriminatory. (4) Critical infrastructure, national defense systems, and other sensitive applications in the United States have become substantially dependent on a limited number of instruction set architectures, and disruption of access to those instruction set architectures would impair the ability of the United States to procure, maintain, operate, and modernize systems essential to the national defense. SEC. ___3. LICENSING OBLIGATIONS OF COVERED ISA PROVIDERS. (a) Obligations.-- (1) In general.--A covered ISA provider shall make available any covered instruction set architecture to any United States person on licensing terms that are fair, reasonable, and nondiscriminatory in view of any licenses, implied licenses, authorizations, or equivalent rights to implement the covered instruction set architecture that the covered ISA provider has granted to any other United States person or foreign person. (2) Contents.--A license for a covered instruction set architecture made available under paragraph (1) shall include at least those rights sufficient to permit the applicable licensee to design, make, cause to be made, use, sell, offer for sale, import, and export (subject to applicable export controls) products or services that implement the covered instruction set architecture. (3) Prohibition.--A covered ISA provider may not exclude, foreclose, or disadvantage United States persons in the provision of license rights to any covered instruction set architecture. (b) Exception.--Subsection (a) shall not apply to an instruction set architecture that a covered ISA provider makes available to the public through royalty-free open- source licenses. (c) Special Rules for Licensing Disputes.--In the event of a dispute between a covered ISA provider and an existing or prospective licensee regarding the terms of a license to a covered instruction set architecture (referred to in this subsection as a ``disputed license''), the following rules shall apply: (1) Upon written notice of the dispute from the existing or prospective licensee, the covered ISA provider may not bar, delay, condition, degrade, or otherwise restrict access to that covered instruction set architecture by the existing or prospective licensee during the pendency of the dispute. (2) Access to the covered instruction set architecture provided under paragraph (1) shall not prejudice the right of the covered ISA provider to be compensated for the use of the covered instruction set architecture by the licensee upon resolution of the license dispute. (3) A court or other applicable tribunal hearing the dispute shall ensure that the court or tribunal, as applicable, and the parties to the dispute have complete and open access to the terms of all other licenses for a covered instruction set architecture granted by the covered ISA provider to any other person so that the court or tribunal may determine fair, reasonable, and nondiscriminatory terms for the disputed license. SEC. ___4. PROHIBITION ON ANTI-CHALLENGE AND RETALIATORY LICENSING PRACTICES. (a) Anti-challenge Provisions Void.--Any provision in a license or other agreement, whether express or implied, between a covered ISA provider and a United States person that prohibits, restricts, penalizes, or otherwise limits the ability of that United States person to assert, bring, or maintain a legal challenge in a court of competent jurisdiction with respect to any intellectual property owned or controlled by the covered ISA provider, including patents, copyrights, trademarks, or other intellectual property rights, shall be void and unenforceable. (b) Prohibition on Retaliation.--A covered ISA provider may not, directly or indirectly, retaliate against a United States person for asserting or pursuing a legal challenge described in subsection (a), including by-- (1) terminating or threatening to terminate a license or other relevant agreement; (2) suspending, curtailing, conditioning, or otherwise limiting rights granted under that license or agreement; (3) withholding, delaying, degrading, or refusing to perform any obligation required under that license or agreement; or (4) taking any other action intended to deter, punish, or disadvantage the United States person for the exercise of rights under United States law. (c) Non-waiver.--The protections of this section-- (1) may not be waived, whether by contract, agreement, course of dealing, or otherwise; and (2) shall apply notwithstanding any contrary provision in a license or related agreement. SEC. ____5. ENFORCEMENT AND REMEDIES. (a) Attorney General Enforcement Authority.--The Attorney General may bring a civil action against a covered ISA provider in an appropriate district court of the United States with respect to a violation of this title by the covered ISA provider. (b) Private Right of Action.--Any United States person aggrieved by a violation of this title, whether that United States person is an existing or prospective licensee, may bring a civil action against the applicable covered ISA provider in an appropriate district court of the United States for legal or equitable relief, including specific performance, to enforce compliance with this title. (c) Interim Relief.--In any action brought under subsection (a) or (b)-- (1) upon a prima facie showing by a United States person of a violation of this title by a covered ISA provider, the United States person shall be entitled to a rebuttable presumption of irreparable harm for purposes of preliminary or interim equitable relief; and (2) the court, upon weighing the traditional factors governing preliminary and interim equitable relief,