Defense Secretary Lloyd Austin and Air Force Gen. Charles “CQ” Brown, chairman of the Joint Chiefs of Staff, provide testimony April 30, 2024, at a House Armed Services Committee hearing on the Defense Department’s fiscal 2025 budget proposal. (Chad J. McNeeley/Department of Defense)
WASHINGTON — A bill to amend a federal vacancy law and avoid the lack of transparency and leadership confusion that accompanied Defense Secretary Lloyd Austin’s hospitalization in January has passed the House and is headed to the Senate.
House lawmakers approved the measure on Monday night in a unanimous voice vote. It would require members of the National Security Council, including the defense secretary, to provide 24-hour notice of any planned or emergent medical incapacitation.
“As the world grows more dangerous, and threats to our service members stationed abroad increase, we must have a strong chain of command among our military’s leadership that cannot be compromised,” said Rep. Jen Kiggans, R-Va.
Kiggans, a former Navy helicopter pilot, introduced the bill alongside Rep. Don Davis, D-N.C., an Air Force veteran. The legislation, called the Securing the Chain of Command Continuity Act, is a response to the lapses in communication that occurred during Austin’s hospitalization earlier this year for prostate cancer surgery complications.
The White House and lawmakers were not immediately told of Austin’s cancer diagnosis or his late December surgery and were left in the dark for days after the defense secretary was rushed to the hospital on Jan. 1. The hospitalization was also not initially disclosed to senior Pentagon officials.
The delays came at a time when Iran-backed militias were attacking U.S. military bases in the Middle East, and Navy ships were beginning an ongoing mission to protect shipping in the Red Sea. Some lawmakers said Austin’s secrecy left dangerous vacuums in leadership, and a few, mostly Republicans, had called for his resignation.
“Responding to a world crisis in the shortest amount of time is essential for safeguarding the American people,” Davis said after the chain of command bill passed. “In catastrophic times, prompt response is crucial. The ability to react swiftly and effectively can make all the difference in saving lives.”
The proposed law applies to all members of the National Security Council, which assists the president with national security and foreign policy decisions.
If passed by the Senate, the legislation would require agencies that fail to notify the president’s office, the nation’s comptroller general and both chambers of Congress to produce a report explaining the notification failure within 30 days.
An internal 30-day Pentagon review of the transfer of authority during Austin’s hospitalization found no indication of “ill intent or an attempt to obfuscate,” but it acknowledged the notification process could be improved.
Kiggans said the bill will help prevent similar chain-of-command breakdowns in the future. It would serve as an amendment to the Federal Vacancies Reform Act, which establishes requirements for temporarily filling vacant positions in top government posts.
“At a time when our service members 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,” Kiggans said.
