This bill creates the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office. The Commission is the body Congress would use to carry out Section 4 of the 25th Amendment.
The Commission would have 17 members. Four pairs of Congressional leaders (Senate majority and minority leaders, House Speaker and House minority leader) each appoint two physicians, and each pair must include one psychiatrist. Eight additional members would be former high-ranking executive branch officers (four chosen jointly by Democratic-designated appointing officials and four by Republican-designated appointing officials). The Chair is chosen by a simple majority vote of the 16 appointed members and must not be one of those 16. Members may not be elected officials, federal employees, or active members of the Armed Forces. Members receive travel expenses under existing federal rules.
If Congress adopts a special concurrent resolution directing an examination, the Commission must examine the President within 72 hours. The Commission’s job is to decide whether the President is mentally or physically unable to carry out the duties of the office because of physical illness or disability, mental illness or deficiency, alcohol or drug use, or any other condition that prevents understanding or capacity to execute the office.
Within 72 hours after the examination, the Commission must report its findings to the Speaker of the House and the President Pro Tempore of the Senate. The report must include the declaration called for in Section 4 of the 25th Amendment about the President’s ability to discharge the office. The report must be prepared in consultation with the Vice President; if the Vice President disagrees with the Commission’s declaration or conclusions, the Vice President’s statement and reasons must be included. The bill says the report requirement applies notwithstanding HIPAA privacy regulations. The Commission may consider a President’s refusal to undergo the exam when making its conclusion.
No publicly available information on the total cost or appropriations for the Commission. The bill specifies that each member will receive travel expenses, including per diem, under existing federal travel rules, but it does not set a budget or specific funding amounts.
No publicly available information in the bill text about proponents’ statements or arguments.
No publicly available information in the bill text about opponents’ statements or arguments.