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. Short title This Act may be cited as the Securing Chain of Command Continuity Act . 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 ). .

1. Short title This Act may be cited as the Securing Chain of Command Continuity Act . 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 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 ). . 3. No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this Act or the amendment made by this Act.

December 17 (legislative day, December 16), 2024 Reported with an amendment