II 

118TH CONGRESS 

2D SESSION S. 4956 

To regulate electronic medical device use in secure compartmented information 

facilities, to require the Director of the National Intelligence oversee 

transparency reporting and related initiatives, to encourage investment 

in modernization efforts for sensitive compartmented information facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. WELCH (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Select Committee on Intelligence 

A BILL 

To regulate electronic medical device use in secure compartmented information facilities, to require the Director of 

the National Intelligence oversee transparency reporting 

and related initiatives, to encourage investment in modernization efforts for sensitive compartmented information facilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cleared Locations En5 abling Access to Relevant Essential Devices Act of 2024’’ 

6 or the ‘‘CLEARED Act of 2024’’. 


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1 SEC. 2. ENHANCING NATIONAL ACCESSIBILITY FOR BET2 TER LONG-TERM EMPLOYMENT ACT OF 2024. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED ENTITY.—The term ‘‘covered en5 tity’’ means any entity that— 

6 (A) is established under or sponsored by 

7 any branch of the United States Government; 

8 and 

9 (B) manages a secure compartmented in10 formation facility. 

11 (2) ELECTRONIC MEDICAL DEVICE.—The term 

12 ‘‘electronic medical device’’ has the meaning given 

13 that term in Intelligence Community Directive 124. 

14 (3) GOVERNANCE BOARD.—The term ‘‘Govern15 ance Board’’ means the Electronic Medical Device 

16 Governance Board described in Intelligence Commu17 nity Directive 124. 

18 (b) DEVICE APPROVAL DISCLOSURE.— 

19 (1) ELECTRONIC MEDICAL DEVICE LEDGERS.— 

20 Beginning on the date of the enactment of this Act, 

21 the head of any covered entity shall begin developing 

22 and maintaining, for each secure compartmented in23 formation facility managed by such covered entity, a 

24 ledger to track the approval and denial of requests 

25 for electronic medical device use, which shall in26 clude— 


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1 (A) a case-by-case annotation of each ap2 proval or denial of an electronic medical device; 

3 (B) a justification for each such approval 

4 or denial; 

5 (C) any relevant details regarding device 

6 restrictions or accommodations; and 

7 (D) statistics summarizing the number of 

8 electronic medical devices approved for unre9 stricted use and limited use and devices that 

10 were denied. 

11 (2) APPROVED ELECTRONIC MEDICAL DEVICE

12 LIST.— 

13 (A) IN GENERAL.—Beginning not later 

14 than 1 year after the date of the enactment of 

15 this Act, the head of any covered entity shall 

16 develop and maintain, for each secure compart17 mented information facility managed by such 

18 covered entity, develop and maintain a list that 

19 includes the following: 

20 (i) Each electronic medical device that 

21 is approved for unrestricted use in the fa22 cility. 

23 (ii) Each electronic medical device 

24 that is approved for limited use in the fa25 cility, including— 


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1 (I) any restrictions or accom2 modations required with respect to 

3 each such device; 

4 (II) a description of whether such 

5 restrictions or accommodations vary 

6 from restrictions imposed or accom7 modations provided by other covered 

8 entities; and 

9 (III) if applicable, an explanation 

10 of the variability of such restrictions 

11 or accommodations. 

12 (iii) Each electronic medical device 

13 that is denied for use in the facility and 

14 the justification for such denial. 

15 (B) FORM.— 

16 (i) ACCESS TO UNCLASSIFIED LIST.— 

17 The relevant list of a covered entity devel18 oped pursuant to subparagraph (A) shall 

19 be— 

20 (I) unclassified to the maximum 

21 extent practicable, but may include a 

22 classified annex; and 

23 (II) provided to any applicant or 

24 employee of the covered entity who 

25 seeks a position that requires access 


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1 to a secure compartmented informa2 tion facility. 

3 (ii) ACCESS TO CLASSIFIED LIST.— 

4 (I) CLEARED APPLICANTS.—On 

5 the date that an applicant or em6 ployee described in clause (i)(II) re7 ceives the security clearance necessary 

8 for access to the secure compart9 mented information facility, the head 

10 of the relevant covered entity shall 

11 make available to such applicant or 

12 employee the classified portion of the 

13 list described in clause (i). 

14 (II) EXISTING EMPLOYEES.—Not 

15 later than 1 year after the date of the 

16 enactment of this Act, the head of 

17 each covered entity shall provide to 

18 each employee of the covered entity 

19 who has the security clearance nec20 essary to access a secure compart21 mented information facility, the list 

22 developed by the head of such covered 

23 entity with respect to such facility, 

24 which shall be unclassified to the maxVerDate Sep 11 2014 16:29 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956

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1 imum extent practicable, but may in2 clude a classified annex. 

3 (3) ELECTRONIC MEDICAL DEVICE POLICY.— 

4 (A) IN GENERAL.—Not later than 180 

5 days after the date of the enactment of this 

6 Act, the head of each covered entity shall de7 velop a policy for the use of electronic medical 

8 devices in secure compartmented information 

9 facilities, which shall include a list of the types 

10 of electronic medical devices that are approved 

11 for use in each such facility managed by the 

12 covered entity. 

13 (B) ANNUAL REVIEW.—The head of each 

14 covered entity shall annually review any policy 

15 developed pursuant to subparagraph (A). 

16 (4) SUBMISSION TO DIRECTOR OF NATIONAL

17 INTELLIGENCE AND GOVERNANCE BOARD.—Not 

18 later than 180 days after the date of the enactment 

19 of this Act, and annually thereafter, the head of 

20 each covered entity shall submit to the Director of 

21 National Intelligence and the Governance Board— 

22 (A) any ledger developed pursuant to para23 graph (1); 

24 (B) any list published pursuant to para25 graph (2)(A); and 


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1 (C) any policy developed pursuant to para2 graph (3)(A). 

3 (c) REVIEW OF ELECTRONIC MEDICAL DEVICE SE4 CURITY.— 

5 (1) IN GENERAL.—The Governance Board shall 

6 review electronic medical device security and equity 

7 concerns for covered agencies. 

8 (2) DUTIES.—The Governance Board shall— 

9 (A) review the policies of covered agencies 

10 regarding the use of electronic medical devices 

11 in secure compartmented information facilities; 

12 (B) review each ledger or list submitted in 

13 accordance with subsection (b)(4); 

14 (C) identify and resolve discrepancies in 

15 such ledgers and lists, with respect to both vari16 ation in justifications for restrictions and ac17 commodations and denials within each covered 

18 entity and across all covered entities; 

19 (D) facilitate and direct security research 

20 and technical risk assessments on electronic 

21 medical devices and determine threats to na22 tional security posed by such devices; 

23 (E) for electronic medical devices that have 

24 been researched pursuant to subparagraph (D), 


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1 evaluate threat mitigation measures available 

2 and the efficacy ratings of such measures; and 

3 (F) provide recommendations for risk man4 agement of electronic medical devices in secure 

5 compartmented information facilities. 

6 (3) ELECTRONIC MEDICAL LEDGER DATA7 BASE.— 

8 (A) IN GENERAL.—Using each ledger and 

9 list submitted to the Governance Board in ac10 cordance with subsection (b)(4), the Governance 

11 Board shall develop and maintain a publicly ac12 cessible database of electronic medical devices 

13 that have been approved or denied for use at 

14 any secure compartmented information facility, 

15 including, to the extent practicable— 

16 (i) approval rates; 

17 (ii) accommodations or restrictions for 

18 usage; and 

19 (iii) for each covered entity, specific 

20 processes for electronic medical device ap21 proval. 

22 (B) PUBLIC AVAILABILITY OF INFORMA23 TION.—The Governance Board shall make 

24 available on the website of the Office of the Di25 rector of National Intelligence the following: 


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1 (i) General approval and denial rates 

2 for devices described in subparagraph (A) 

3 of different types. 

4 (ii) Points of contact for teams re5 sponsible for approvals and denials of de6 vices described in subparagraph (A). 

7 (C) LEDGER DISCREPANCIES.—The Gov8 ernance Board shall include in such database 

9 any discrepancy identified pursuant to para10 graph (2), including, for each such discrep11 ancy— 

12 (i) a detailed description of the dis13 crepancy; and 

14 (ii) proposed remediations. 

15 (D) FORM.—The database shall be unclas16 sified, but may include a classified annex as the 

17 Director of National Intelligence considers ap18 propriate. 

19 (4) REPORT.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 after the date of the enactment of this Act, and 

22 annually thereafter, the Governance Board shall 

23 submit to the Director of National Intelligence 

24 a report on the state of electronic medical deVerDate Sep 11 2014 16:29 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956

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1 vice usage in secure compartmented information 

2 facilities. 

3 (B) CONTENT.—Each report submitted 

4 pursuant to subparagraph (A) shall include— 

5 (i) a description of the research ef6 forts, risk management recommendations, 

7 and strategic approaches of the Govern8 ance Board to support changes or innova9 tions that improve the use of electronic 

10 medical devices in secure compartmented 

11 information facilities; 

12 (ii) a description of any barriers to re13 solving discrepancies under paragraph 

14 (2)(C); 

15 (iii) a summary of statistics describing 

16 approval rates gleaned from the database 

17 developed pursuant to paragraph (3); and 

18 (iv) any other information the Govern19 ance Board determines is relevant for the 

20 Director of National Intelligence to con21 sider regarding the use of electronic med22 ical devices in secure compartmented infor23 mation facilities. 


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1 (5) ANNUAL EVALUATIONS.—Not later than 

2 180 days after receiving a report under paragraph 

3 (4), the Director of National Intelligence shall— 

4 (A) evaluate the findings and recommenda5 tions of the Governance Board in such report; 

6 and 

7 (B) submit to Congress a report that in8 cludes— 

9 (i) the results of the evaluation con10 ducted under subparagraph (A); 

11 (ii) a description of current approval 

12 rates for electronic medical devices; 

13 (iii) a description of research efforts 

14 and risk mitigation strategies with respect 

15 to electronic medical devices; and 

16 (iv) recommendations for updating 

17 electronic medical device requirements in 

18 secure compartmented information facili19 ties. 

20 (d) PROTECTION OF INFORMATION.—In carrying out 

21 this section, the head of each covered entity shall ensure 

22 the protection of personally identifiable information, in23 cluding medical information, in accordance with all appliVerDate Sep 11 2014 16:29 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956

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1 cable laws and policies with respect to confidentiality and 

2 privacy. 

Æ 


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