[Congressional Record Volume 170, Number 78 (Monday, May 6, 2024)]
[House]
[Pages H2840-H2842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING CHAIN OF COMMAND CONTINUITY ACT
Mr. LaTURNER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6972) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
[[Page H2841]]
H.R. 6972
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 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.
``(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--
``(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--
``(i) the dates of such service;
``(ii) whether such individual was authorized to serve in
such acting capacity; and
``(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;
``(B) an explanation why the notification required by
paragraph (1) was not submitted in accordance with the
requirements of such paragraph;
``(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
``(D) an explanation why such head was medically
incapacitated.
``(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.
``(4) In this subsection--
``(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;
``(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
``(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).''
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kansas (Mr. LaTurner) and the gentleman from Maryland (Mr. Raskin) each
will control 20 minutes.
The Chair recognizes the gentleman from Kansas.
General Leave
Mr. LaTURNER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kansas?
There was no objection.
Mr. LaTURNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, like many of you, I was shocked this past February when
Congress learned that Secretary of Defense Lloyd Austin was medically
incapacitated for days before the President or congressional leaders
were made aware.
The lack of transparency set off alarm bells on both sides of the
aisle and across the national security community.
We are experiencing crises across the world, crises that require our
defense leadership to be alert and ready.
Unfortunately, our defense leadership was not ready earlier this
year. Secretary Austin was incapacitated, and no one knew.
In these times, we cannot afford to be caught so unprepared. That is
why this bill is an important measure to ensure military readiness.
The Securing the Chain of Command Continuity Act requires
congressional and Presidential notification when someone who is a
member of the National Security Council and is the head of an executive
agency becomes medically incapacitated.
Under the bill, the person filling in for the incapacitated official
must send the proper notifications within 24 hours of the official's
medical incapacitation.
If the proper notifications are not provided, a report detailing why
the notification rules were not followed must be sent to Congress, the
President, and the Comptroller General within 72 hours. This is a
measured and balanced solution to this national security issue.
I thank my colleagues, Representative Kiggans of Virginia and
Representative Davis of North Carolina, for their bipartisan work on
this important and timely legislation.
I urge my colleagues on both sides of the aisle to support this bill,
and I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank Mr. LaTurner for his excellent introduction. I
rise also in support of H.R. 6927, which would amend the Federal
Vacancies Reform Act of 1998 to require any agency head who is a member
of the National Security Council to notify the executive office of the
President, GAO, and congressional leadership within 24 hours in the
event of medical incapacity.
This bill was brought forth after the hospitalization several months
ago of Secretary of Defense Lloyd Austin to treat complications from
cancer surgery.
Secretary Austin has taken responsibility for the lack of
notification to the President during his hospitalization and has
assured the American people that ``there were no gaps in authorities
and no risks to the Department's command and control'' during his
absence.
A congressional hearing on the topic in February confirmed as much,
and a classified review found no ``ill intent'' by the Secretary's
staff.
I commend the Biden administration for the swift action it took to
conduct a thorough review of current protocols and to ensure that the
Office of the President receives all proper notifications. This bill
aligns with the Biden administration's efforts in the field.
Consistent with the spirit of transparency embodied in the 25th
Amendment to the Constitution, which requires congressional leadership
to be notified if the President is unable to discharge the duties of
his or her office, I agree that Congress should be notified if an
agency head who is a member of the NSC is similarly incapacitated.
I support this legislation, I congratulate Secretary Austin on his
recovery, and I reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I thank Mr. Raskin for his comments.
I yield 5 minutes to the gentlewoman from Virginia (Mrs. Kiggans).
Mrs. KIGGANS of Virginia. Mr. Speaker, I am proud to rise today to
speak in support of my legislation, the Securing the Chain of Command
Continuity Act.
At a time when our Nation is facing threats around the world, we
cannot afford for those who are critical to America's national security
to disappear without explanation and a clear delegation of their
responsibilities.
As someone who served in the Armed Forces for nearly 10 years, I was
alarmed by reports back in January that those at the highest levels in
the chain of command were not informed when Secretary of Defense Austin
required an unexpected leave of absence due to health challenges.
For days, essential members of the National Security Council,
including the President, were left in the dark regarding his status,
causing a serious breach of command and control that is the bedrock of
America's defense supremacy.
[[Page H2842]]
I am concerned for Secretary Austin's health and wish him well.
However, the Department of Defense's lack of transparency surrounding
his absence is very concerning.
Critical communication breakdowns like these could have disastrous
results and put our men and women in uniform at risk.
To ensure America remains capable of combating threats wherever and
whenever they occur, we not only need an unparalleled fighting force
but also a strong chain of command among our military's leadership that
cannot be compromised.
That is why I introduced the Securing the Chain of Command Continuity
Act alongside my colleague on the other side of the aisle, Congressman
Davis of North Carolina, to prevent any similar chain of command
breakdowns in the future and preserve the integrity of our national
security.
My bipartisan legislation would amend existing law to require all
members of the National Security Council to notify the executive office
of the President, the Comptroller General of the United States, and to
each Chamber of Congress within 24 hours of any planned or emergent
medical incapacitation.
In the event this notification does not occur, a comprehensive report
must be submitted providing transparency surrounding the incapacitation
and related notification failure within 30 days.
At a time when our servicemembers are facing lethal attacks from our
adversaries overseas, my bill will help ensure continuous chain of
command so that our military and national defense systems can operate
seamlessly in case of an emergency and achieve mission success.
It is my goal in Congress to advance legislation that protects our
country, our citizens, and our men and women in uniform.
That is why I drafted this national security bill in a way that all
commonsense Members can support, no matter which side of the aisle they
are on.
I was pleased when the Securing the Chain of Command Continuity Act
was passed unanimously out of the House Oversight Committee in
February, proving just how nonpartisan this effort is. I thank
Congressman Davis of North Carolina for his partnership with me on this
critical issue.
The world is a dangerous place. We can't afford a lack of
transparency from our senior military leaders. We must preserve the
integrity of our national security, and I urge my colleagues to vote in
favor of this commonsense, bipartisan legislation that will keep our
country and our military men and women safe.
Mr. RASKIN. Mr. Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Davis).
Mr. DAVIS of North Carolina. Mr. Speaker, I thank Ranking Member
Raskin for yielding time.
I rise in support of H.R. 6972, the Securing Chain of Command
Continuity Act. As a proud United States Air Force veteran, I join my
colleague, Representative Kiggans of Virginia, who also served our
country in uniform, to introduce this bipartisan bill.
If we have learned anything from the past several months, it is,
indeed, we are in a more dangerous world. As tensions and threats rise
across the globe, timely responses are vital to safeguarding the
American people and saving lives.
Congress must require National Security Council agencies to provide a
notice of the incapacitation of their agency heads within 24 hours.
That is reasonable.
This requirement for our Nation's leaders is a minimum expectation to
ensure transparency and accountability. The American people deserve
nothing less, and I support the legislation.
Mr. RASKIN. Mr. Speaker, I thank the gentleman from North Carolina
for his eloquent remarks, and I reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield 5 minutes to the gentleman from
Wisconsin (Mr. Van Orden), my friend.
Mr. VAN ORDEN. Mr. Speaker, I spent over 25 years in the United
States military. I designed elements from as large as a SEAL team down
to a small tactical unit.
The first thing that you establish is something called CCIRs,
Commander's Critical Information Requirements, and the first one is:
Where is the commander? Is the commander in place and able to make
decisions?
Unfortunately, the most powerful Department of Defense in the history
of the world, led by Lloyd Austin, failed to do the most simple task
that is required of any commander, and that is to inform the Commander
in Chief of his presence.
This, to me, is another sign of an incredibly incompetent Department
of Defense and the Biden administration's inability to lead and protect
this Nation.
I am so thankful that my colleagues across the aisle have identified
this also, and they know that the Biden administration must be held
accountable for their lack of leadership in protecting the United
States of America.
It is unquestionable that the world is a much more dangerous place
under the Biden administration and under Secretary Austin's leadership
of the Department of Defense.
Again, I thank my colleagues from across the aisle for this
bipartisan effort to hold the Biden administration accountable and to
make sure that any member of the National Security Council who is
incapable of performing their duties is informing the President in a
timely manner.
Mr. RASKIN. Mr. Speaker, I yield myself the balance of my time, and I
am prepared to close.
Mr. Speaker, we had such a nice bipartisan spirit going. I almost
want to bite my tongue, but I do have to respond to the last speaker
who took a gratuitous shot at President Biden and the Biden
administration, which has moved very quickly to get behind this
legislation and to address this gap in the law.
We do need to always establish the chain of command, and we need to
know, as the gentleman from Wisconsin was saying, where is the
Commander in Chief? Where is the leader?
That was the question everybody was asking on January 6 when this
institution, this body, came under brutal, merciless attack by a mob
incited by the former President.
Nearly 150 of our police officers were wounded, brutalized, and
hospitalized in that attack, and everybody was asking this very
question the gentleman from Wisconsin was asking, which is: Where is
the Commander in Chief? Where is the leader? Where is the National
Guard?
I am sorry to have to make that refutation of the last interjection
by the gentleman from Wisconsin. Again, I thank Mr. LaTurner for the
bipartisan spirit with which he brings this legislation forward, and I
strongly support it.
Mr. Speaker, I yield back the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield myself the balance of my time. We
were so close, Mr. Speaker. So close.
Mr. Speaker, I encourage my House colleagues to support this
commonsense government transparency bill to address a relevant national
security concern.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kansas (Mr. LaTurner) that the House suspend the rules
and pass the bill, H.R. 6972, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________