[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.
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