[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5821-S5822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3225. Mr. WELCH (for himself and Mr. Casey) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for
[[Page S5822]]
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ENHANCING NATIONAL ACCESSIBILITY FOR BETTER LONG-
TERM EMPLOYMENT ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Cleared Locations Enabling Access to Relevant Essential
Devices Act of 2024'' or the ``CLEARED Act of 2024''.
(b) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means any
entity that--
(A) is established under or sponsored by any branch of the
United States Government; and
(B) manages a secure compartmented information facility.
(2) Electronic medical device.--The term ``electronic
medical device'' has the meaning given that term in
Intelligence Community Directive 124.
(3) Governance board.--The term ``Governance Board'' means
the Electronic Medical Device Governance Board described in
Intelligence Community Directive 124.
(c) Device Approval Disclosure.--
(1) Electronic medical device ledgers.--Beginning on the
date of the enactment of this Act, the head of any covered
entity shall begin developing and maintaining, for each
secure compartmented information facility managed by such
covered entity, a ledger to track the approval and denial of
requests for electronic medical device use, which shall
include--
(A) a case-by-case annotation of each approval or denial of
an electronic medical device;
(B) a justification for each such approval or denial;
(C) any relevant details regarding device restrictions or
accommodations; and
(D) statistics summarizing the number of electronic medical
devices approved for unrestricted use and limited use and
devices that were denied.
(2) Approved electronic medical device list.--
(A) In general.--Beginning not later than 1 year after the
date of the enactment of this Act, the head of any covered
entity shall develop and maintain, for each secure
compartmented information facility managed by such covered
entity, develop and maintain a list that includes the
following:
(i) Each electronic medical device that is approved for
unrestricted use in the facility.
(ii) Each electronic medical device that is approved for
limited use in the facility, including--
(I) any restrictions or accommodations required with
respect to each such device;
(II) a description of whether such restrictions or
accommodations vary from restrictions imposed or
accommodations provided by other covered entities; and
(III) if applicable, an explanation of the variability of
such restrictions or accommodations.
(iii) Each electronic medical device that is denied for use
in the facility and the justification for such denial.
(B) Form.--
(i) Access to unclassified list.--The relevant list of a
covered entity developed pursuant to subparagraph (A) shall
be--
(I) unclassified to the maximum extent practicable, but may
include a classified annex; and
(II) provided to any applicant or employee of the covered
entity who seeks a position that requires access to a secure
compartmented information facility.
(ii) Access to classified list.--
(I) Cleared applicants.--On the date that an applicant or
employee described in clause (i)(II) receives the security
clearance necessary for access to the secure compartmented
information facility, the head of the relevant covered entity
shall make available to such applicant or employee the
classified portion of the list described in clause (i).
(II) Existing employees.--Not later than 1 year after the
date of the enactment of this Act, the head of each covered
entity shall provide to each employee of the covered entity
who has the security clearance necessary to access a secure
compartmented information facility, the list developed by the
head of such covered entity with respect to such facility,
which shall be unclassified to the maximum extent
practicable, but may include a classified annex.
(3) Electronic medical device policy.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the head of each covered entity
shall develop a policy for the use of electronic medical
devices in secure compartmented information facilities, which
shall include a list of the types of electronic medical
devices that are approved for use in each such facility
managed by the covered entity.
(B) Annual review.--The head of each covered entity shall
annually review any policy developed pursuant to subparagraph
(A).
(4) Submission to director of national intelligence and
governance board.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the head
of each covered entity shall submit to the Director of
National Intelligence and the Governance Board--
(A) any ledger developed pursuant to paragraph (1);
(B) any list published pursuant to paragraph (2)(A); and
(C) any policy developed pursuant to paragraph (3)(A).
(d) Review of Electronic Medical Device Security.--
(1) In general.--The Governance Board shall review
electronic medical device security and equity concerns for
covered agencies.
(2) Duties.--The Governance Board shall--
(A) review the policies of covered agencies regarding the
use of electronic medical devices in secure compartmented
information facilities;
(B) review each ledger or list submitted in accordance with
subsection (c)(4);
(C) identify and resolve discrepancies in such ledgers and
lists, with respect to both variation in justifications for
restrictions and accommodations and denials within each
covered entity and across all covered entities;
(D) facilitate and direct security research and technical
risk assessments on electronic medical devices and determine
threats to national security posed by such devices;
(E) for electronic medical devices that have been
researched pursuant to subparagraph (D), evaluate threat
mitigation measures available and the efficacy ratings of
such measures; and
(F) provide recommendations for risk management of
electronic medical devices in secure compartmented
information facilities.
(3) Electronic medical ledger database.--
(A) In general.--Using each ledger and list submitted to
the Governance Board in accordance with subsection (c)(4),
the Governance Board shall develop and maintain a publicly
accessible database of electronic medical devices that have
been approved or denied for use at any secure compartmented
information facility, including, to the extent practicable--
(i) approval rates;
(ii) accommodations or restrictions for usage; and
(iii) for each covered entity, specific processes for
electronic medical device approval.
(B) Public availability of information.--The Governance
Board shall make available on the website of the Office of
the Director of National Intelligence the following:
(i) General approval and denial rates for devices described
in subparagraph (A) of different types.
(ii) Points of contact for teams responsible for approvals
and denials of devices described in subparagraph (A).
(C) Ledger discrepancies.--The Governance Board shall
include in such database any discrepancy identified pursuant
to paragraph (2), including, for each such discrepancy--
(i) a detailed description of the discrepancy; and
(ii) proposed remediations.
(D) Form.--The database shall be unclassified, but may
include a classified annex as the Director of National
Intelligence considers appropriate.
(4) Report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Governance Board shall submit to the Director of National
Intelligence a report on the state of electronic medical
device usage in secure compartmented information facilities.
(B) Content.--Each report submitted pursuant to
subparagraph (A) shall include--
(i) a description of the research efforts, risk management
recommendations, and strategic approaches of the Governance
Board to support changes or innovations that improve the use
of electronic medical devices in secure compartmented
information facilities;
(ii) a description of any barriers to resolving
discrepancies under paragraph (2)(C);
(iii) a summary of statistics describing approval rates
gleaned from the database developed pursuant to paragraph
(3); and
(iv) any other information the Governance Board determines
is relevant for the Director of National Intelligence to
consider regarding the use of electronic medical devices in
secure compartmented information facilities.
(5) Annual evaluations.--Not later than 180 days after
receiving a report under paragraph (4), the Director of
National Intelligence shall--
(A) evaluate the findings and recommendations of the
Governance Board in such report; and
(B) submit to Congress a report that includes--
(i) the results of the evaluation conducted under
subparagraph (A);
(ii) a description of current approval rates for electronic
medical devices;
(iii) a description of research efforts and risk mitigation
strategies with respect to electronic medical devices; and
(iv) recommendations for updating electronic medical device
requirements in secure compartmented information facilities.
(e) Protection of Information.--In carrying out this
section, the head of each covered entity shall ensure the
protection of personally identifiable information, including
medical information, in accordance with all applicable laws
and policies with respect to confidentiality and privacy.
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