IIB 

118TH CONGRESS 

2D SESSION H. R. 6972 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2024 

Received; 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. 


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HR 6972 RFS

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

3 SECTION 1. SHORT TITLE. 

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

5 Command Continuity Act’’. 

6 SEC. 2. NATIONAL SECURITY COUNCIL MEDICAL INCA7 PACITY NOTIFICATION ENHANCEMENT. 

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

9 amended by adding at the end the following new sub10 section: 

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

12 Executive agency who is a member of the National Secu13 rity Council becomes medically incapacitated or 24 hours 

14 in advance of a planned medical procedure where incapaci15 tation is known or may be reasonably assumed, the person 

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

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

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

19 appropriate Federal officials a notification that such head 

20 is or will be medically incapacitated. 

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

22 with respect to a head of an Executive agency becoming 

23 medically incapacitated is not submitted in accordance 

24 with the requirements of such paragraph, not later than 

25 72 hours after such head became subject to such medical 


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HR 6972 RFS

1 incapacity the person serving in an acting capacity as such 

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

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

4 Federal officials a report including— 

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

6 an acting capacity as such head pursuant to such 

7 medical incapacity and, for each such individual— 

8 ‘‘(i) the dates of such service; 

9 ‘‘(ii) whether such individual was author10 ized to serve in such acting capacity; and 

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

12 authorities allocated to such individual while 

13 serving in such acting capacity to ensure that 

14 such individual could perform the functions and 

15 duties of the office of such head; 

16 ‘‘(B) an explanation why the notification re17 quired by paragraph (1) was not submitted in ac18 cordance with the requirements of such paragraph; 

19 ‘‘(C) the dates of such head’s medical incapaci20 tation, and if such head has resumed performing the 

21 functions and duties of the office, the date such 

22 head so resumed performing such functions and du23 ties; and 

24 ‘‘(D) an explanation why such head was medi25 cally incapacitated. 


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HR 6972 RFS

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

2 remains medically incapacitated on the date the report is 

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

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

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

6 periodic updates, as such person or first assistant con7 siders appropriate, to such report to the appropriate Fed8 eral officials. 

9 ‘‘(4) In this subsection— 

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

11 means the Executive Office of the President, the 

12 Comptroller General of the United States, the Ma13 jority Leader of the Senate, the Minority Leader of 

14 the Senate, the Speaker of the House of Representa15 tives, and the Minority Leader of the House of Rep16 resentatives; 

17 ‘‘(B) the terms ‘medical incapacity’ and ‘medi18 cally incapacitated’ mean, with respect to the head 

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

20 perform the functions and duties of the office of 

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

22 condition and such inability to perform the functions 

23 and duties of the office of such head constitutes a 

24 vacancy of the office of such head to which this secVerDate Sep 11 2014 16:59 May 08, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6972.RFS H6972

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HR 6972 RFS

1 tion and sections 3345, 3346, 3347, 3348, 3349a, 

2 3349b, 3349c, and 3349d apply; and 

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

4 means the council established under section 101 of 

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

6 3021).’’. 

Passed the House of Representatives May 6, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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