[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6972 Reported in Senate (RS)]
<DOC>
Calendar No. 711
118th CONGRESS
2d Session
H. R. 6972
[Report No. 118-305]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2024
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 17 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend title 5, United States Code, to require an Executive agency
whose head is a member of the National Security Council to notify the
Executive Office of the President, the Comptroller General of the
United States, and congressional leadership of such head becoming
medically incapacitated within 24 hours, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Securing Chain of Command
Continuity Act''.</DELETED>
<DELETED>SEC. 2. NATIONAL SECURITY COUNCIL MEDICAL INCAPACITY
NOTIFICATION ENHANCEMENT.</DELETED>
<DELETED> Section 3349 of title 5, United States Code, is amended by
adding at the end the following new subsection:</DELETED>
<DELETED> ``(c)(1) Not later than 24 hours after the head of an
Executive agency who is a member of the National Security Council
becomes medically incapacitated or 24 hours in advance of a planned
medical procedure where incapacitation is known or may be reasonably
assumed, the person serving or who will be serving in an acting
capacity as such head or, if no person is or will be so acting, the
first assistant to the office of such head, shall submit to the
appropriate Federal officials a notification that such head is or will
be medically incapacitated.</DELETED>
<DELETED> ``(2) If the notification required by paragraph (1) with
respect to a head of an Executive agency becoming medically
incapacitated is not submitted in accordance with the requirements of
such paragraph, not later than 72 hours after such head became subject
to such medical incapacity the person serving in an acting capacity as
such head or, if no person is so acting, the first assistant to the
office of such head, shall submit to the appropriate Federal officials
a report including--</DELETED>
<DELETED> ``(A) the name of each individual who served in an
acting capacity as such head pursuant to such medical
incapacity and, for each such individual--</DELETED>
<DELETED> ``(i) the dates of such service;</DELETED>
<DELETED> ``(ii) whether such individual was
authorized to serve in such acting capacity;
and</DELETED>
<DELETED> ``(iii) a comprehensive list of resources
and authorities allocated to such individual while
serving in such acting capacity to ensure that such
individual could perform the functions and duties of
the office of such head;</DELETED>
<DELETED> ``(B) an explanation why the notification required
by paragraph (1) was not submitted in accordance with the
requirements of such paragraph;</DELETED>
<DELETED> ``(C) the dates of such head's medical
incapacitation, and if such head has resumed performing the
functions and duties of the office, the date such head so
resumed performing such functions and duties; and</DELETED>
<DELETED> ``(D) an explanation why such head was medically
incapacitated.</DELETED>
<DELETED> ``(3) In the event the head of an Executive agency remains
medically incapacitated on the date the report is submitted under
paragraph (2), the person serving in an acting capacity as such head
or, if no person is so acting, the first assistant to the office of
such head, shall submit periodic updates, as such person or first
assistant considers appropriate, to such report to the appropriate
Federal officials.</DELETED>
<DELETED> ``(4) In this subsection--</DELETED>
<DELETED> ``(A) the term `appropriate Federal officials'
means the Executive Office of the President, the Comptroller
General of the United States, the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the House
of Representatives;</DELETED>
<DELETED> ``(B) the terms `medical incapacity' and
`medically incapacitated' mean, with respect to the head of an
Executive agency, that such head is unable to perform the
functions and duties of the office of such head due to
sickness, injury, or other medical condition and such inability
to perform the functions and duties of the office of such head
constitutes a vacancy of the office of such head to which this
section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
3349c, and 3349d apply; and</DELETED>
<DELETED> ``(C) the term `National Security Council' means
the council established under section 101 of the National
Security Act of 1947 (50 U.S.C. 3021).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Chain of Command Continuity
Act''.
SEC. 2. NATIONAL SECURITY COUNCIL MEDICAL INCAPACITY NOTIFICATION
ENHANCEMENT.
Section 3349 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) Not later than 24 hours after the head of an Executive
agency who is a member of the National Security Council becomes
medically incapacitated or 24 hours in advance of such head undergoing
a planned medical procedure for which medical incapacity is known or
may be reasonably assumed, the first assistant to the office of such
head shall submit to the appropriate Federal officials--
``(A) a notification that such head is or will be medically
incapacitated; and
``(B) the name of the individual who will serve in an
acting capacity or otherwise perform the functions and duties
of the office of such head during the medical incapacitation of
the head.
``(2) If the notification required under paragraph (1) with respect
to the head of an Executive agency who is a member of the National
Security Council is not submitted in accordance with the requirements
under paragraph (1), not later than 72 hours after such head becomes
subject to a medical incapacity, the first assistant to the office of
such head shall submit to the appropriate Federal officials a report
including--
``(A) the name of each individual who served or is serving
in an acting capacity as such head or otherwise performed or is
performing the functions and duties of the office of such head
pursuant to such medical incapacity and, for each such
individual--
``(i) the dates of such service or, if such head
has not resumed performing the functions and duties of
the office of such head, the expected dates of service;
``(ii) the authority for the individual to serve in
such acting capacity or otherwise perform the functions
and duties of the office of such head; and
``(iii) a comprehensive list of resources and
authorities allocated to such individual while serving
in such acting capacity or otherwise performing the
functions and duties of the office of such head to
ensure that such individual could perform the functions
and duties of the office of such head;
``(B) the dates of such head's medical incapacitation, and
if such head has resumed performing the functions and duties of
the office, the date such head so resumed performing such
functions and duties; and
``(C) an explanation of why such head was medically
incapacitated.
``(3) In the event the head of an Executive agency who is a member
of the National Security Council remains medically incapacitated on the
date the report is submitted under paragraph (2), the first assistant
to the office of such head shall submit periodic updates, as the first
assistant considers appropriate, to such report to the appropriate
Federal officials.
``(4) If the head of an Executive agency who is a member of the
National Security Council and is medically incapacitated does not have
a first assistant, the individual performing the functions and duties
of the first assistant shall perform the reporting obligations of the
first assistant under this subsection.
``(5) In this subsection--
``(A) the term `appropriate Federal officials' means the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and each
required recipient of a report under subsection (b);
``(B) the terms `medical incapacity' and `medically
incapacitated' mean, with respect to the head of an Executive
agency, that such head is unable to perform the functions and
duties of the office of such head due to sickness, injury, or
other medical condition; and
``(C) the term `National Security Council' means the
council established under section 101 of the National Security
Act of 1947 (50 U.S.C. 3021).''.
SEC. 3. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act or the amendment made by this Act.
Calendar No. 711
118th CONGRESS
2d Session
H. R. 6972
[Report No. 118-305]
_______________________________________________________________________
AN ACT
To amend title 5, United States Code, to require an Executive agency
whose head is a member of the National Security Council to notify the
Executive Office of the President, the Comptroller General of the
United States, and congressional leadership of such head becoming
medically incapacitated within 24 hours, and for other purposes.
_______________________________________________________________________
December 17 (legislative day, December 16), 2024
Reported with an amendment