II 

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. 

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


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•HR 6972 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Chain of 

3 Command Continuity Act’’. 

4 SEC. 2. NATIONAL SECURITY COUNCIL MEDICAL INCA5 PACITY NOTIFICATION ENHANCEMENT. 

6 Section 3349 of title 5, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(c)(1) Not later than 24 hours after the head of an 

10 Executive agency who is a member of the National Secu11 rity Council becomes medically incapacitated or 24 hours 

12 in advance of a planned medical procedure where incapaci13 tation is known or may be reasonably assumed, the person 

14 serving or who will be serving in an acting capacity as 

15 such head or, if no person is or will be so acting, the first 

16 assistant to the office of such head, shall submit to the 

17 appropriate Federal officials a notification that such head 

18 is or will be medically incapacitated. 

19 ‘‘(2) If the notification required by paragraph (1) 

20 with respect to a head of an Executive agency becoming 

21 medically incapacitated is not submitted in accordance 

22 with the requirements of such paragraph, not later than 

23 72 hours after such head became subject to such medical 

24 incapacity the person serving in an acting capacity as such 

25 head or, if no person is so acting, the first assistant to 


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•HR 6972 RS

1 the office of such head, shall submit to the appropriate 

2 Federal officials a report including— 

3 ‘‘(A) the name of each individual who served in 

4 an acting capacity as such head pursuant to such 

5 medical incapacity and, for each such individual— 

6 ‘‘(i) the dates of such service; 

7 ‘‘(ii) whether such individual was author8 ized to serve in such acting capacity; and 

9 ‘‘(iii) a comprehensive list of resources and 

10 authorities allocated to such individual while 

11 serving in such acting capacity to ensure that 

12 such individual could perform the functions and 

13 duties of the office of such head; 

14 ‘‘(B) an explanation why the notification re15 quired by paragraph (1) was not submitted in ac16 cordance with the requirements of such paragraph; 

17 ‘‘(C) the dates of such head’s medical incapaci18 tation, and if such head has resumed performing the 

19 functions and duties of the office, the date such 

20 head so resumed performing such functions and du21 ties; and 

22 ‘‘(D) an explanation why such head was medi23 cally incapacitated. 

24 ‘‘(3) In the event the head of an Executive agency 

25 remains medically incapacitated on the date the report is 


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•HR 6972 RS

1 submitted under paragraph (2), the person serving in an 

2 acting capacity as such head or, if no person is so acting, 

3 the first assistant to the office of such head, shall submit 

4 periodic updates, as such person or first assistant con5 siders appropriate, to such report to the appropriate Fed6 eral officials. 

7 ‘‘(4) In this subsection— 

8 ‘‘(A) the term ‘appropriate Federal officials’ 

9 means the Executive Office of the President, the 

10 Comptroller General of the United States, the Ma11 jority Leader of the Senate, the Minority Leader of 

12 the Senate, the Speaker of the House of Representa13 tives, and the Minority Leader of the House of Rep14 resentatives; 

15 ‘‘(B) the terms ‘medical incapacity’ and ‘medi16 cally incapacitated’ mean, with respect to the head 

17 of an Executive agency, that such head is unable to 

18 perform the functions and duties of the office of 

19 such head due to sickness, injury, or other medical 

20 condition and such inability to perform the functions 

21 and duties of the office of such head constitutes a 

22 vacancy of the office of such head to which this sec23 tion and sections 3345, 3346, 3347, 3348, 3349a, 

24 3349b, 3349c, and 3349d apply; and 


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•HR 6972 RS

1 ‘‘(C) the term ‘National Security Council’ 

2 means the council established under section 101 of 

3 the National Security Act of 1947 (50 U.S.C. 

4 3021).’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Securing Chain of Com7 mand Continuity Act’’. 

8 SEC. 2. NATIONAL SECURITY COUNCIL MEDICAL INCA9 PACITY NOTIFICATION ENHANCEMENT. 

10 Section 3349 of title 5, United States Code, is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(c)(1) Not later than 24 hours after the head of an 

13 Executive agency who is a member of the National Security 

14 Council becomes medically incapacitated or 24 hours in ad15 vance of such head undergoing a planned medical procedure 

16 for which medical incapacity is known or may be reason17 ably assumed, the first assistant to the office of such head 

18 shall submit to the appropriate Federal officials— 

19 ‘‘(A) a notification that such head is or will be 

20 medically incapacitated; and 

21 ‘‘(B) the name of the individual who will serve 

22 in an acting capacity or otherwise perform the func23 tions and duties of the office of such head during the 

24 medical incapacitation of the head. 


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•HR 6972 RS

1 ‘‘(2) If the notification required under paragraph (1) 

2 with respect to the head of an Executive agency who is a 

3 member of the National Security Council is not submitted 

4 in accordance with the requirements under paragraph (1), 

5 not later than 72 hours after such head becomes subject to 

6 a medical incapacity, the first assistant to the office of such 

7 head shall submit to the appropriate Federal officials a re8 port including— 

9 ‘‘(A) the name of each individual who served or 

10 is serving in an acting capacity as such head or oth11 erwise performed or is performing the functions and 

12 duties of the office of such head pursuant to such med13 ical incapacity and, for each such individual— 

14 ‘‘(i) the dates of such service or, if such head 

15 has not resumed performing the functions and 

16 duties of the office of such head, the expected 

17 dates of service; 

18 ‘‘(ii) the authority for the individual to 

19 serve in such acting capacity or otherwise per20 form the functions and duties of the office of such 

21 head; and 

22 ‘‘(iii) a comprehensive list of resources and 

23 authorities allocated to such individual while 

24 serving in such acting capacity or otherwise per25 forming the functions and duties of the office of 


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•HR 6972 RS

1 such head to ensure that such individual could 

2 perform the functions and duties of the office of 

3 such head; 

4 ‘‘(B) the dates of such head’s medical incapacita5 tion, and if such head has resumed performing the 

6 functions and duties of the office, the date such head 

7 so resumed performing such functions and duties; and 

8 ‘‘(C) an explanation of why such head was medi9 cally incapacitated. 

10 ‘‘(3) In the event the head of an Executive agency who 

11 is a member of the National Security Council remains 

12 medically incapacitated on the date the report is submitted 

13 under paragraph (2), the first assistant to the office of such 

14 head shall submit periodic updates, as the first assistant 

15 considers appropriate, to such report to the appropriate 

16 Federal officials. 

17 ‘‘(4) If the head of an Executive agency who is a mem18 ber of the National Security Council and is medically inca19 pacitated does not have a first assistant, the individual per20 forming the functions and duties of the first assistant shall 

21 perform the reporting obligations of the first assistant under 

22 this subsection. 

23 ‘‘(5) In this subsection— 

24 ‘‘(A) the term ‘appropriate Federal officials’ 

25 means the Majority Leader of the Senate, the MinorVerDate Sep 11 2014 07:18 Dec 18, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H6972.RS H6972

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1 ity Leader of the Senate, the Speaker of the House of 

2 Representatives, the Minority Leader of the House of 

3 Representatives, and each required recipient of a re4 port under subsection (b); 

5 ‘‘(B) the terms ‘medical incapacity’ and ‘medi6 cally incapacitated’ mean, with respect to the head of 

7 an Executive agency, that such head is unable to per8 form the functions and duties of the office of such 

9 head due to sickness, injury, or other medical condi10 tion; and 

11 ‘‘(C) the term ‘National Security Council’ means 

12 the council established under section 101 of the Na13 tional Security Act of 1947 (50 U.S.C. 3021).’’. 

14 SEC. 3. NO ADDITIONAL FUNDS. 

15 No additional funds are authorized to be appropriated 

16 for the purpose of carrying out this Act or the amendment 

17 made by this Act. 


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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 

D

tated within 24 hours, and for other purposes. ship of such head becoming medically incapaciof the United States, and congressional leaderOffice of the President, the Comptroller General National Security Council to notify the Executive Executive agency whose head is a member of the 

ECEMBER 17 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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