Text of Senate Amendment 6338

On 2026-06-24, Senator Ron Wyden (D-OR) delivered a floor speech titled "Text Of Senate Amendment 6338" in the Senate.

Text of Senate Amendment 6338

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Page S3464] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 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. ______