S.Amdt. 6338

The purpose of this amendment, submitted by Mr. Wyden and Ms. Lummis, is to stop Department of Defense contractors and subcontractors from collecting or selling location data from devices in specific government-related areas.

It aims to add a new section to title XVI of bill S. 4784 that includes the following changes:

• Prohibitions on Data: Contractors cannot collect, keep, or help collect location data from phones, wearable fitness trackers, and other cellular-connected devices in "covered areas" unless it is necessary for the contracted service. They are also banned from selling or monetizing this data to anyone who is not a Federal Government officer or element.

• Lasting Obligations: These rules still apply to any data collected while the contractor was working on the Department of Defense contract, even after the work is finished.

• Accountability: Primary contractors must ensure their subcontractors follow these rules. The Secretary of Defense can require these terms to be explicitly written into subcontracts.

• Certification and Enforcement: Contractors must certify every year (and once 60 days after the Act is passed) that they and their subcontractors complied with these rules. The truthfulness of these certifications is treated as "material" under section 3729 of title 31, United States Code.

• Covered Areas: This refers to geofenced areas listed in the Government-Related Location Data List in section 202.1401 of title 28, Code of Federal Regulations, or any future regulations that replace it.