[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Page S3827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6625. Mr. SHEEHY 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 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.''.
                                 ______