[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7624-S7625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4163. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 XV, insert the following:

     SEC. 15__. REPORT ON PURCHASE AND USE BY DEPARTMENT OF 
                   DEFENSE OF LOCATION DATA GENERATED BY 
                   AMERICANS' PHONES AND THEIR INTERNET METADATA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees and make 
     available to the public on an internet website of the 
     Department of Defense a report that--
       (1) identifies each covered entity that is currently, or 
     during the five year period ending on the date of the 
     enactment of this Act was, without a court order--
       (A) obtaining in exchange for anything of value any covered 
     records; and
       (B) intentionally retaining or intentionally using such 
     covered records; and
       (2) for each covered entity identified pursuant to 
     paragraph (1), identifies--
       (A) each category of covered record the covered entity, 
     without a court order, is obtaining or obtained, in exchange 
     for anything of value;
       (B) whether the covered entity intentionally retained or is 
     intentionally retaining each category of covered records 
     pursuant to subparagraph (A);
       (C) whether the covered entity intentionally uses or used 
     each category of covered records identified pursuant to 
     subparagraph (A); and
       (D) whether such obtaining, retention, and use ceased 
     before the date of the enactment of this Act or is ongoing.
       (b) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form.
       (c) Determination of Parties to a Communication.--In 
     determining under this section whether a party to a 
     communication is likely to be located inside or outside the 
     United States, the Secretary shall consider the Internet 
     Protocol (IP) address used by the party to the communication, 
     but may also consider other information known to the 
     Secretary.
       (d) Definitions.--In this section:
       (1) The term ``covered entities'' means the Defense 
     Agencies, Department of Defense activities, and components of 
     the Department that--
       (A) are under the authority, direction, and control of the 
     Under Secretary of Defense for Intelligence and Security; or
       (B) over which the Under Secretary exercises planning, 
     policy, funding, or strategic oversight authority.
       (2) The term ``covered records'' includes the following:
       (A) Location data generated by phones that are likely to be 
     located in the United States.
       (B) Domestic phone call records.
       (C) International phone call records.
       (D) Domestic text message records.
       (E) International text message records.
       (F) Domestic netflow records.
       (G) International netflow records.
       (H) Domestic Domain Name System records.
       (I) International Domain Name System records.
       (J) Other types of domestic internet metadata.
       (K) Other types of international internet metadata.
       (3) The term ``domestic'' means a telephone or an internet 
     communication in which all parties to the communication are 
     likely to be located in the United States.
       (4)(A) The term ``international'' means a telephone or an 
     internet communication in which one or more parties to the 
     communication are likely to be located in the United States 
     and one or more parties to the communication are likely to be 
     located outside the United States.
       (B) The term ``international'' does not include a telephone 
     or an internet communication in which all parties to the 
     communication are likely to be located outside the United 
     States.
       (5) The term ``obtain in exchange for anything of value'' 
     means to obtain by purchasing, to receive in connection with 
     services being provided for consideration, or to otherwise 
     obtain in exchange for consideration, including an access 
     fee, service fee, maintenance fee, or licensing fee.
       (6)(A) Except as provided in su bparagraph (B), the term 
     ``retain'' means the storage of a covered record.
       (B) The term ``retain'' does not include the temporary 
     storage of a covered record that will be, but has not yet 
     been, subjected to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.
       (7)(A) Except as provided in subparagraph (B), the term 
     ``use'', with respect to a covered record, includes 
     analyzing, processing, or sharing the covered record.
       (B) The term ``use'' does not include subjecting the 
     covered record to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.

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