Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act

Key Points

• This bill creates a permanent 17-member commission in the legislative branch to evaluate whether a sitting president is mentally or physically fit to serve. It is designed to carry out the process described in Section 4 of the 25th Amendment to the Constitution.
• The commission would include eight physicians (half specializing in psychiatry) and eight former high-ranking executive branch officials such as past presidents, vice presidents, or cabinet secretaries, split equally between the two major parties. A 17th member serves as Chair.
• The commission can only act when Congress passes a concurrent resolution directing it to examine the president. It would look at physical illness, mental illness, drug or alcohol use, or any other condition that prevents the president from doing their job.
• Once Congress directs an exam, the commission has 72 hours to examine the president and another 72 hours to send a report to Congress. The report must include a declaration about whether the president can carry out their duties.
• If the president refuses to be examined, the commission can use that refusal as evidence when deciding whether the president is fit. The Vice President can also include a disagreement statement in the final report.

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Related Bills

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