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Congressional Daily Record
This section is about changes proposed to a bill or resolution. It mentions members such as Ronald Lee Wyden.
Issued
June 24, 2026
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Download official Senate Record PDFReturn to issue contextSA 6338. Mr. WYDEN (for himself and Ms. Lummis) 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 in title XVI, insert the
following:
SEC. . PROHIBITIONS ON CONTRACTORS OF THE DEPARTMENT OF
DEFENSE COLLECTING OR SELLING LOCATION DATA OF
INDIVIDUALS AT IDENTIFIED UNITED STATES
GOVERNMENT RELATED LOCATIONS.
(a) Prohibitions.—
(1) In general.—A contractor or subcontractor of the
Department of Defense, as a condition on contracting or
subcontracting with the Department of Defense, may not, while
the contractor or subcontractor is engaged on a contract or
subcontract for the Department of Defense—
(A) collect, retain, or knowingly or recklessly facilitate
the collection or retention of location data from phones,
wearable fitness trackers, and other cellular-enabled or
cellular-connected devices located in any covered area,
regardless of whether service for such device is provided
under contract with the Department of Defense, except as
necessary for the provision of the service as specifically
contracted; or
(B) sell, monetize, or knowingly or recklessly facilitate
the sale of, location data described in subparagraph (A) to
any individual or entity that is not an officer or element of
the Federal Government.
(2) Continuing obligations after contract performance
engagement.—After engagement on a contract or subcontract
described in paragraph (1), the requirements of such
paragraph shall continue to apply to any location data
described in paragraph (1)(A) that the contractor or
subcontractor collected or retained while engaged on such
contract or subcontract for the Department of Defense.
(3) Subcontracts.—
(A) In general.—Each contractor of the Department of
Defense shall be responsible for ensuring that subcontractors
to its contract are in compliance with the requirements of
this subsection.
(B) Required clauses.—The Secretary of Defense may require
that the terms of a subcontract of a contract of the
Department of Defense explicitly require that the
subcontractor complies with the provisions of this
subsection.
(b) Covered Areas.—For purposes of subsection (a), a
covered area is any geofenced area included in the
Government-Related Location Data List in section 202.1401 of
title 28, Code of Federal Regulations, or successor
regulations.
(c) Certification.—The Secretary of Defense shall require
each contractor of the Department of Defense to, not less
than 60 days after the date of the enactment of this Act and
not less frequently than once each year thereafter, submit to
the Secretary of Defense a certification as to whether the
contractor and the subcontractors of the contractor, if any,
were in compliance with subsection (a) during the previous 12
months (or previous 60 days, for the first certification),
including compliance with any continued duties under
subsection (a)(1)(B) to which that contractor is subject
under other contracts.
(d) Treatment of Certifications.—The veracity of a
certification under subsection (c) shall be treated as
“material” for purposes of section 3729 of title 31, United
States Code.