[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8662 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8662
To require a report on the purchase and use by the Department of
Defense of certain location data and internet metadata data, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 5, 2022
Ms. Jacobs of California introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require a report on the purchase and use by the Department of
Defense of certain location data and internet metadata data, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Data Privacy Act''.
SEC. 2. 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 ``congressional defense committees'' has the
meaning given that term in section 101(a) of title 10, United
States Code.
(2) 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.
(3) 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.
(4) 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.
(5)(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.
(6) 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.
(7)(A) Except as provided in subparagraph (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.
(8)(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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