Floor SpeechNeutral2026-06-24

Text of Senate Amendment 6301

EnvironmentDefense

Context

On 2026-06-24, Senator Tim Sheehy (R-MT) delivered a floor speech titled "Text Of Senate Amendment 6301" in the Senate.

Full Text

Text of Senate Amendment 6301

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Page S3440] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6301. Mr. SHEEHY (for himself and Ms. Warren) 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 end of subtitle G of title X, insert the following: SEC. 1094. TRADE SECRET CASES. Section 1498 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(f) Whenever a trade secret (as defined in section 1839 of title 18, United States Code) is misappropriated by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive action which may be brought for such misappropriation shall be an action by the owner of the trade secret against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such misappropriation: Provided, That in any action brought under this subsection, the United States Court of Federal Claims shall not be bound by the trade secret laws of any State but shall develop its own precedent consistent with this subsection and applicable Federal law; Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use or disclosure of the trade secret by the Government: Provided, however, That this subsection shall not confer a right of action on any owner or any assignee of such owner with respect to any trade secret developed or maintained by a person while in the employment or service of the United States, where the trade secret was developed or maintained as a part of the official functions of the employee, or in the development or maintenance of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the owner in full settlement and compromise for the damages accruing to him by reason of such misappropriation and to settle the claim administratively out of available appropriations. ``Except as otherwise provided by law, no recovery shall be had for any misappropriation of a trade secret covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for such misappropriation in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last- mentioned date.''. At the end of subtitle B of title VIII, add the following: SEC. 823. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN INFORMATION UNDER DEFENSE CONTRACTS. (a) Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3865. Specific performance for delivery of certain information under defense contracts ``(a) Authority.--The Federal Government may bring an action arising under a covered legal instrument entered into by the Department of Defense in an appropriate district court of the United States for an order of specific performance requiring delivery of covered information in such format and manner as the court determines appropriate and necessary. In any such action, the court may determine the scope of the Federal Government's rights in the covered information and may order the correction or removal of any nonconforming or improper markings on such information.''. ``(b) Conditions.--An action under subsection (a) may be brought only if, with respect to covered information required to be delivered under the covered legal instrument, the contractor with which the Federal Government entered into the covered legal instrument has not delivered, or refuses to deliver, the covered information within 30 days of receipt of a final decision issued by a contracting officer under section 7103 of title 41 that requires the delivery of such information to the Federal Government. ``(c) Effect of Appeal.--The pendency of any appeal, claim, or action by the contractor challenging or seeking review of the contracting officer's final decision under section 7103 of title 41, shall not preclude, stay, enjoin, or otherwise affect an action brought by the Federal Government under this section. ``(d) Definitions.--In this section: ``(1) The term `covered information' means information that is required by a covered legal instrument to be delivered or otherwise provided to the Federal Government, and includes, incorporates, or embodies intellectual property, technical data, computer software, or computer software documentation. ``(2) The term `covered legal instrument' means a contract, agreement, or other legal instrument. ``(3) The terms `deliver', `delivery', and `delivering' include furnishing, providing, or making available in any manner whatsoever.''. ______

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Text of Senate Amendment 6301 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Page S3440] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6301. Mr. SHEEHY (for himself and Ms. Warren) 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 end of subtitle G of title X, insert the following: SEC. 1094. TRADE SECRET CASES. Section 1498 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(f) Whenever a trade secret (as defined in section 1839 of title 18, United States Code) is misappropriated by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive action which may be brought for such misappropriation shall be an action by the owner of the trade secret against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such misappropriation: Provided, That in any action brought under this subsection, the United States Court of Federal Claims shall not be bound by the trade secret laws of any State but shall develop its own precedent consistent with this subsection and applicable Federal law; Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use or disclosure of the trade secret by the Government: Provided, however, That this subsection shall not confer a right of action on any owner or any assignee of such owner with respect to any trade secret developed or maintained by a person while in the employment or service of the United States, where the trade secret was developed or maintained as a part of the official functions of the employee, or in the development or maintenance of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the owner in full settlement and compromise for the damages accruing to him by reason of such misappropriation and to settle the claim administratively out of available appropriations. ``Except as otherwise provided by law, no recovery shall be had for any misappropriation of a trade secret covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for such misappropriation in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last- mentioned date.''. At the end of subtitle B of title VIII, add the following: SEC. 823. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN INFORMATION UNDER DEFENSE CONTRACTS. (a) Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3865. Specific performance for delivery of certain information under defense contracts ``(a) Authority.--The Federal Government may bring an action arising under a covered legal instrument entered into by the Department of Defense in an appropriate district court of the United States for an order of specific performance requiring delivery of covered information in such format and manner as the court determines appropriate and necessary. In any such action, the court may determine the scope of the Federal Government's rights in the covered information and may order the correction or removal of any nonconforming or improper markings on such information.''. ``(b) Conditions.--An action under subsection (a) may be brought only if, with respect to covered information required to be delivered under the covered legal instrument, the contractor with which the Federal Government entered into the covered legal instrument has not delivered, or refuses to deliver, the covered information within 30 days of receipt of a final decision issued by a contracting officer under section 7103 of title 41 that requires the delivery of such information to the Federal Government. ``(c) Effect of Appeal.--The pendency of any appeal, claim, or action by the contractor challenging or seeking review of the contracting officer's final decision under section 7103 of title 41, shall not preclude, stay, enjoin, or otherwise affect an action brought by the Federal Government under this section. ``(d) Definitions.--In this section: ``(1) The term `covered information' means information that is required by a covered legal instrument to be delivered or otherwise provided to the Federal Government, and includes, incorporates, or embodies intellectual property, technical data, computer software, or computer software documentation. ``(2) The term `covered legal instrument' means a contract, agreement, or other legal instrument. ``(3) The terms `deliver', `delivery', and `delivering' include furnishing, providing, or making available in any manner whatsoever.''. ______