[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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