Text of Senate Amendment 5936

On 2026-06-23, Senator Ron Wyden (D-OR) delivered a floor speech titled "Text Of Senate Amendment 5936" in the Senate.

Text of Senate Amendment 5936

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Page S3084] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5936. Mr. WYDEN (for himself and Mrs. Blackburn) submitted an amendment intended to be proposed by him 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: SEC. ___. STOP FOREIGN SPYWARE ACT. (a) Short Title.--This section may be cited as the ``Stop Foreign Spyware Act''. (b) Amendments.--Section 1030 of title 18, United States Code, is amended-- (1) by striking ``(g) Any'' and inserting the following: ``(g)(1) In General.--Any''; and (2) by inserting after subsection (g)(1), as so redesignated by paragraph (1), the following: ``(2) Foreign Persons Using Spyware.-- ``(A) Definitions.--In this paragraph: ``(i) Commercial spyware.--The term `commercial spyware' means spyware that is furnished for commercial purposes. ``(ii) Foreign person.--The term `foreign person' means a non-United States person (as defined in section 2523) located outside the United States; and ``(iii) Spyware.--The term `spyware' has the meaning given that term in section 1102A(a)(5) of the National Security Act of 1947 (50 U.S.C. 3232a(a)(5)), including the end-to-end systems described in subparagraphs (A) through (D) of that section. ``(B) Venue.--A civil action described in paragraph (1) against a foreign person and in which the alleged violations occurred via the use of commercial spyware, may be instituted in the district court of the United States for any district where-- ``(i) any plaintiff resides; ``(ii) any defendant resides, is subject to service, or has an agent; or ``(iii) a person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), if the access or use of such person or entity's hardware, software, servers, or services gave rise to the alleged violation of this section. ``(C) Convenience of the forum.--The district court shall not dismiss a civil action described in subparagraph (B) on the grounds of the inconvenience or inappropriateness of the forum chosen. ``(D) Consent to personal jurisdiction.--For a civil action described in subparagraph (B), a foreign person defendant shall be deemed to have consented to personal jurisdiction in such civil action if the defendant-- ``(i) carried out, enabled, or directed the use of commercial spyware that accesses or uses any person or entity's hardware, software, servers, or services, where such person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), or such hardware, software, servers, or services are located, in the United States; or ``(ii) developed, furnished, sold, licensed, approved the sale or license of, or has an ownership stake in, commercial spyware that accesses or uses any person or entity's hardware, software, servers, or services, where such person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), or such hardware, software, servers, or services are located, in the United States . ``(E) Rule of construction.--This paragraph shall be liberally construed to carry out the purpose of Congress to provide relief for persons targeted by foreign commercial spyware, consistent with the United States' national security and foreign policy interests in countering the counterintelligence threats posed by foreign commercial spyware.''. (c) Applicability.--This section, and the amendments made by this section, shall apply to any pending case or any cause of action arising on or after the date that is 4 years before the date of enactment of this Act. ______