WASHINGTON, D.C. — Today, Congressman Andrew Clyde (GA-09) introduced the Announcement of Unavailability by Secretaries Through Informational Notifications (AUSTIN) Act to require Cabinet officials to notify the President and congressional leaders of any circumstance that prevents them from performing their duties.

 

The legislation bears Defense Secretary Lloyd Austin’s name to represent Austin’s days-long delay in notifying President Biden and Congress of his hospitalization and cancer diagnosis.

 

“At a time of significant global instability, Secretary Austin’s severe lapse in judgment unquestionably jeopardized our national security,” said Clyde. “This troubling episode showcased how the Biden Administration’s pattern of incompetence, poor decisions, and bad headwork can greatly harm our country. Congress must improve the notification process to both provide transparency to the American people and prevent a similar disaster from happening in the future.”

 

Original cosponsors include Representatives Lauren Boebert (CO-03), Josh Brecheen (OK-02), Eric Burlison (MO-07), Paul Gosar (AZ-09), Andy Harris (MD-01), Wesley Hunt (TX-38), Rich McCormick (GA-06), Mary Miller (IL-15), Alex Mooney (WV-02), Gary Palmer (AL-06), and Matt Rosendale (MT-02).

 

Supporting organizations include the American Accountability Foundation, Americans for Prosperity, Citizens for Renewing America, and Concerned Veterans for America.

 

“At a time with great uncertainty in the world, the American people need to know their government officials are on the job and able to fulfill their duties. By requiring notification of when they are not able to do so, this commonsense bill will ensure measures can be taken to provide the certainty and safety Americans deserve from their government,” said Russ Duerstine, Executive Director, Concerned Veterans for America. 

 

Text of the legislation can be found HERE.

 

Background

 

On December 22nd, Defense Secretary Lloyd Austin underwent general anesthesia during a medical procedure for prostate cancer at Walter Reed National Military Medical Center. He did not inform the White House about the procedure, but he did temporarily transfer some of his authorities to Deputy Secretary of Defense Kathleen Hicks. Secretary Austin was hospitalized again after experiencing complications from his surgery.

 

Secretary Austin kept his prostate cancer diagnosis, surgery, and subsequent hospitalization with complications from the procedure a secret from the White House — including President Biden. In fact, the President, military service leaders, and the White House National Security Council weren’t notified until January 4th.

 

During this time, the U.S. conducted numerous strikes in response to attacks in Iraq and Syria that injured several U.S. servicemembers.

 

Rep. Clyde’s AUSTIN Act would ensure that this situation never happens again by requiring Cabinet officials to swiftly submit notifications of their inability to discharge the duties of their office, similar to those of the President in Section 3 of the 25th Amendment to the U.S. Constitution.