I 
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 Depart-
ment of Defense of certain location data and internet 
metadata data, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Data Privacy 
Act’’. 
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SEC. 2. REPORT ON PURCHASE AND USE BY DEPARTMENT 
OF 
DEFENSE 
OF 
LOCATION 
DATA 
GEN-
ERATED 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 com-
mittees 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 cur-
rently, 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 obtain-
ing or obtained, in exchange for anything of 
value; 
(B) whether the covered entity inten-
tionally retained or is intentionally retaining 
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each category of covered records pursuant to 
subparagraph (A); 
(C) whether the covered entity inten-
tionally 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 COMMUNICA-
TION.—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 Inter-
net Protocol (IP) address used by the party to the commu-
nication, but may also consider other information known 
to the Secretary. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a) of title 10, United States Code. 
(2) The term ‘‘covered entities’’ means the De-
fense Agencies, Department of Defense activities, 
and components of the Department that— 
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(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 exer-
cises 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. 
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(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 tele-
phone 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 lo-
cated 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 con-
sideration, 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, 
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but has not yet been, subjected to a process in which 
the covered record, which is part of a larger compila-
tion 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, in-
cludes 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 con-
taining records that are not covered records, are 
identified and deleted. 
Æ 
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