[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.

                          ____________________