republic-os/legal/us/code/title-10/chapter-363/section-4662.md

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LegalText	10 U.S.C. § 4662	Prohibition on the transfer of certain data on employees of the Department of Defense to third parties	us	united_states_code	code_section	10	ARMED FORCES	363	PROHIBITION AND PENALTIES	4662	10 U.S.C. § 4662	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s4662	data/legal/raw/us/code/title-10/usc10.xml	7abc0bf341b1fe475ea59f2a6b9cc0c1d7c282e0cb1c7eb380902b52d88acf1e	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	10f59b829d812f5cfddbc709ecfc9e122d1bfa4d63916a6eb63cd3bacbc303c3	2026-07-04	official	legal us-code

10 U.S.C. § 4662 - Prohibition on the transfer of certain data on employees of the Department of Defense to third parties

Text

(a) In General.— 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 such contract or a subcontract under such contract. This provision does not apply in circumstances where the transfer of such data would otherwise be authorized by law.

(b) Waiver.— The Secretary of Defense may waive the requirements of subsection (a) with respect to the sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver—

(1) appropriately considers the privacy risks to the employee of the Department of Defense to which such data relates; and

(2) is necessary in the interest of national security.

(c) Report.— Not later than January 15, 2026, and annually thereafter for four years, the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the use of the waiver authority under subsection (b) for the fiscal year preceding the date of submission of the report. The report shall include, for each use of the waiver—

(1) the specific justification for providing the waiver;

(2) an identification of the contractor or subcontractor that is the subject of the waiver request; and

(3) an identification of the purpose of the sale, licensing, or transfer of covered individually identifiable Department employee data that is the subject of the waiver request.

(d) Definitions.— In this section:

(1) The term “covered individually identifiable Department employee data” means individually identifiable Department employee data obtained by a contractor or subcontractor described in subsection (a).

(2) 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—

(A) identifies such employee; or

(B) which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies.

(Added Pub. L. 118–31, div. A, title VIII, § 803, Dec. 22, 2023, 137 Stat. 312; amended Pub. L. 118–159, div. A, title VIII, § 836, Dec. 23, 2024, 138 Stat. 1987.)

Notes

Editorial Notes

References in TextThe date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Amendments2024—Subsec. (a). Pub. L. 118–159, § 836(1), struck out “and that would be permissible pursuant to statute or guidance from the Director of the Office of Management and Budget” after “or a subcontract under such contract” and inserted at end “This provision does not apply in circumstances where the transfer of such data would otherwise be authorized by law.” Subsec. (b). Pub. L. 118–159, § 836(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Defense may waive the requirements of 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.” Subsecs. (c), (d). Pub. L. 118–159, § 836(3), (5), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d)(1). Pub. L. 118–159, § 836(4), amended par. (1) generally. Prior to amendment, par. (1) defined covered individually identifiable Department employee data.