[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.
                                 ______