Sec. 802. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties
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Chapter 363 of title 10, United States Code, United States Code, is amended by adding at the end the following new section: Each contract entered into by the Department of Defense on or after the date of the enactment of this section shall include a provision prohibiting the contractor and each subcontractor under such contract from selling, licensing, or otherwise transferring covered individually identifiable Department employee data to any individual or entity other than the Federal Government, except to the extent required to perform under such contract or a subcontract under such contract. The Secretary of Defense may waive subsection
(a)with respect to a sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver is appropriate. In this section: The term covered individually identifiable Department employee data means individually identifiable Department employee data obtained by— a contractor pursuant to the performance of a contract described in subsection
(a)by such contractor; or a subcontractor pursuant to the performance of a subcontract under such a contract by such subcontractor. The term individually identifiable Department employee data means information related to an employee of the Department of Defense, including a member of the armed forces, that— identifies such employee; or which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies. . The table of sections for chapter 363 of title 10, United States Code, is amended by adding at the end the following new item: 4662. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy of the Department of Defense to counter the proliferation of individually identifiable active duty member information on commercially available datasets. In this subsection, the term individually identifiable active duty member information means individually identifiable information related to a member of the Armed Forces serving on active duty that— identifies such member; or which may be used to infer, by either direct or indirect means, the identity of such a member to whom the information applies.