HR 8275
Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act
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Bill overview
This bill establishes a Commission on Presidential Capacity to Discharge the Powers and Duties of the Office, designed to assess a President’s mental and physical ability to perform their duties. If Congress directs the Commission, it would conduct a medical examination to determine if the President is impaired, potentially triggering a process under the 25th Amendment. The Commission’s membership would be composed of physicians appointed by both parties, with specific requirements for their experience and qualifications. The Commission’s findings would be reported to the Speaker of the House and the President Pro Tempore of the Senate, and the Vice President’s opinion would be included if they disagree with the Commission’s conclusions.
Key provisions
- Establishes a Commission to assess a President’s capacity to discharge duties.
- The Commission would conduct a medical examination if directed by Congress.
- Commission membership includes 17 physicians, appointed by both Democratic and Republican leadership.
- Members must have prior executive branch experience and be physicians specializing in psychiatry.
- The Commission’s report would be sent to the Speaker of the House and the President Pro Tempore of the Senate.
- The Vice President’s opinion would be included if they disagree with the Commission’s findings.
- The bill utilizes a concurrent resolution process to initiate the examination.
- The Commission’s activities are subject to certain rules and procedures, including applying provisions from the Defense Base Closure and Realignment Act.
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119th CONGRESS — 2d Session
H. R. 8275
IN THE HOUSE OF REPRESENTATIVES
A BILL
To establish the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office, and for other purposes.
This Act may be cited as the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act
.
There is established a commission in the legislative branch to be known as the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office
(in this Act referred to as the Commission
). The Commission shall serve as the body provided by law by Congress to carry out section 4 of the 25th Amendment to the Constitution of the United States.
If directed by Congress pursuant to section 5, the Commission shall carry out a medical examination of the President to determine whether the President is mentally or physically unable to discharge the powers and duties of the office, as described under subsection (b).
Physical illness or disability.
Mental illness or deficiency.
Alcohol or drug use.
The Commission shall be composed of 17 members, appointed as follows:
Two members appointed by the majority leader of the Senate.
Two members appointed by the minority leader of the Senate.
Two members appointed by the Speaker of the House of Representatives.
Two members appointed by the minority leader of the House of Representatives.
Eight members—
One member, to serve as Chair of the Commission, appointed by simple majority vote of the 16 members appointed under subparagraphs (A) through (E). The Chair may not be any member appointed under such subparagraphs. For purposes of appointing the Chair, a voting quorum shall be established by the presence of 50 percent plus one of the members appointed under such subparagraphs.
If any appointment under paragraph (1) is not made, the Commission shall consist of the members duly appointed.
The members of the Commission appointed under subparagraph (A) shall appoint the Chair under subsection (a)(1)(F) not later than 3 days after the date the members are so appointed.
A vacancy in the Commission shall be filled in the manner in which the original appointment was made, not later than 30 days after the vacancy occurs. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.
Each member appointed to the Commission under subparagraphs (A) through (D) of subsection (a)(1) shall be a physician. Of the two members appointed by each individual under such subparagraphs, one shall be a physician with a specialty in psychiatry. The Chair shall be a physician or an individual who meets the requirements of subsection (a)(1)(E)(iii), or both. In this paragraph, the term physician means a doctor of medicine licensed to practice medicine, surgery, or osteopathy in a State.
A member appointed under subsection (a) may not, at the time the member is appointed or serving as a member on the Commission, be—
an elected official to any Federal, State, or local office;
an employee (as that term is defined in section 2105 of title 5, United States Code, including any employee of the United States Postal Service or the Postal Regulatory Commission); or
a member of the Armed Forces, including reserve components thereof.
Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
A concurrent resolution described in this subsection is a concurrent resolution directing the Commission to conduct an examination of the President to determine whether the President is incapacitated, either mentally or physically, the title of which is Directing the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office to conduct an examination of the President
, and the text of which consists solely of a directive to the Commission to conduct the examination.
For purposes of applying subsection (b) with respect to such provisions, the following rules shall apply:
Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on the Judiciary of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on the Judiciary of the Senate.
Any reference in subsection (c) to a 20-day period
shall be deemed a reference to a 48-hour period
.
Any reference in subsection (d) to the third day
shall be deemed a reference to the first day
.
Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which a Member of Congress introduced a concurrent resolution described in subsection (a).
Not later than 72 hours after the adoption by Congress of the concurrent resolution described in subsection (a), the Commission shall conduct the examination described under such subsection.
Any refusal by the President to undergo such examination shall be taken into consideration by the Commission in reaching a conclusion in the report under subsection (a).