United States 118th Congress Status: Passed House Bipartisan · 14 R · 1 D cosponsors

HR 6972 — Securing Chain of Command Continuity Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 711.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

129 added · 44 removed

Plain-language change summary

The amended version of the bill removes the short title and an entire section regarding the National Security Council Medical Incapacity Notification Enhancement. Instead, it focuses solely on the notification process when the head of an Executive agency becomes medically incapacitated. The practical effect of this change is that the notification must occur within 24 hours of the incapacitation or planned medical procedure, without the additional reporting requirements present in the previous version if the notification was not submitted on time.

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6972 Referred in Senate (RFS)] <DOC> 118th CONGRESS 2d Session H.
6972 Reported in Senate (RS)] <DOC> Calendar No.
711 118th CONGRESS 2d Session H.
6972 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Received;
6972 [Report No.
read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ 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.
118-305] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 7, 2024 Received;
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
``(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.
``(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;
``(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;
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.
``(ii) whether such individual was authorized to serve in such acting capacity;
``(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;
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;
``(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;
``(B) an explanation why the notification required by paragraph (1) was not submitted in accordance with the requirements of such paragraph;
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;
``(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;
``(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 ``(D) an explanation why such head was medically incapacitated.
and ``(C) an explanation of 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.
``(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) 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;
``(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.
``(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;
``(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;
Passed the House of Representatives May 6, 2024.
SEC.
Attest:
3.
KEVIN F.
NO ADDITIONAL FUNDS.
MCCUMBER, Clerk.
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
View plain text versions (4)

What Congress says this changes

S. Rept. 118-305

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

 * * * * * * *

Title 5--Government Organization and Employees

 * * * * * * *

PART III--EMPLOYEES

 * * * * * * *

Subpart B--Employment and Retention

 * * * * * * *

CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

 * * * * * * *

Subchapter III--Details, Vacancies, and Appointments

 * * * * * * *

SEC. 3349. REPORTING OF VACANCIES

 (a) * * *
 (b) * * *
 (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).

 * * * * * * *

Source: S. Rept. 118-305 · govinfo

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Oversight and Accountability.

  4. Committee Consideration and Mark-up Session Held

  5. Ordered to be Reported (Amended) by the Yeas and Nays: 41 - 0.

  6. Mr. LaTurner moved to suspend the rules and pass the bill, as amended.

  7. Considered under suspension of the rules. (consideration: CR H2840-2842)

  8. DEBATE - The House proceeded with forty minutes of debate on H.R. 6972.

  9. Considered as unfinished business.

  10. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2841)

  11. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2841)

  12. Motion to reconsider laid on the table Agreed to without objection.

  13. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  14. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  15. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-305.

  16. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-305.

  17. Placed on Senate Legislative Calendar under General Orders. Calendar No. 711.

Sponsors

Sponsorship breakdown

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1 sponsors · 14 co-sponsors · 532 not signed on

Sponsors (1)

Co-sponsors (14)

Not signed on (532)

532 members have not signed on to this bill.

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Frequently asked questions

What does HR 6972 do?
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.
Who sponsors HR 6972?
HR 6972 is sponsored by Kiggans, Jennifer A. (Republican), Davis, Donald G. (Democratic), Wittman, Robert J. (Republican), Fallon, Pat (Republican), Van Orden, Derrick (Republican), Mace, Nancy (Republican), Gimenez, Carlos A. (Republican), Moylan, James C. (Republican), Owens, Burgess (Republican), Lawler, Michael (Republican), Mills, Cory (Republican), Bice, Stephanie I. (Republican), Finstad, Brad (Republican), Houchin, Erin (Republican), and LaLota, Nick (Republican).
What is the current status of HR 6972?
This bill died with 118th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 6972?
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