[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8548 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8548

 To establish the Commission on Presidential Capacity to Discharge the 
        Powers and Duties of the Office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2020

  Mr. Raskin (for himself, Mr. Nadler, Mrs. Carolyn B. Maloney of New 
York, Mrs. Demings, Ms. Scanlon, Mr. Pocan, Ms. Jayapal, Ms. Dean, Mr. 
  Cicilline, Ms. DeGette, Ms. Escobar, Mr. Espaillat, Ms. Moore, Mr. 
    Evans, Ms. Shalala, Mr. Ted Lieu of California, Ms. Norton, Ms. 
Schakowsky, Mr. McGovern, Mr. Johnson of Georgia, Ms. Garcia of Texas, 
   Mr. Neguse, Mr. Mfume, Ms. Eshoo, Ms. Lofgren, Mr. Connolly, Ms. 
Haaland, Mr. Correa, Mr. DeSaulnier, Mr. Deutch, Ms. Bass, Mr. Green of 
     Texas, Ms. Wasserman Schultz, Ms. Velazquez, Mr. Swalwell of 
  California, Mrs. Torres of California, Mr. Blumenauer, Mrs. Watson 
   Coleman, and Mr. Cohen) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish the Commission on Presidential Capacity to Discharge the 
        Powers and Duties of the Office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Presidential Capacity 
to Discharge the Powers and Duties of the Office Act''.

SEC. 2. ESTABLISHMENT.

    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.

SEC. 3. DUTY OF COMMISSION.

    (a) In General.--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).
    (b) Determination.--The determination under subsection (a) shall be 
made if the Commission finds that the President is temporarily or 
permanently impaired by any of the following conditions to the extent 
that the person lacks sufficient understanding or capacity to execute 
the powers and duties of the office of President:
            (1) Physical illness or disability.
            (2) Mental illness or deficiency.
            (3) Alcohol or drug use.
            (4) Any other condition or contingency rendering the 
        President unable to execute the powers and duties of the office 
        of the President.

SEC. 4. MEMBERSHIP OF THE COMMISSION.

    (a) Number.--
            (1) In general.--The Commission shall be composed of 17 
        members, appointed as follows:
                    (A) Two members appointed by the majority leader of 
                the Senate.
                    (B) Two members appointed by the minority leader of 
                the Senate.
                    (C) Two members appointed by the Speaker of the 
                House of Representatives.
                    (D) Two members appointed by the minority leader of 
                the House of Representatives.
                    (E) Eight members--
                            (i) four of whom are former high-ranking 
                        executive branch officers appointed jointly by 
                        the two appointing individuals under 
                        subparagraphs (A) through (D) who are members 
                        of, or caucus with, the Democratic party;
                            (ii) four of whom are former high-ranking 
                        executive branch officers appointed jointly by 
                        the two appointing individuals under 
                        subparagraphs (A) through (D) who are members 
                        of, or caucus with, the Republican party; and
                            (iii) each of whom has served as President, 
                        Vice President, Secretary of State, Attorney 
                        General, Secretary of the Treasury, Secretary 
                        of Defense, or Surgeon General.
                    (F) 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.
            (2) Failure of appointment.--If any appointment under 
        paragraph (1) is not made, the Commission shall consist of the 
        members duly appointed.
    (b) Appointment.--
            (1) Initial appointment.--
                    (A) In general.--For the initial appointment of 
                members to the Commission, each member under 
                subparagraphs (A) through (E) of subsection (a)(1) 
                shall be appointed not later than 10 days after the 
                date of enactment of this Act.
                    (B) Chair.--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.
                    (C) Term.--A member appointed under subparagraph 
                (A) shall serve as a member of the Commission until 
                January 1, 2025. A member so appointed may serve after 
                the expiration of that member's term until a successor 
                has taken office.
            (2) Subsequent appointments.--
                    (A) In general.--For any appointment of members to 
                the Commission after the initial appointment under 
                paragraph (1), each member under subparagraphs (A) 
                through (E) of subsection (a)(1) shall be appointed not 
                later than January 10 of the year immediately following 
                any year (beginning in 2024) in which a presidential 
                election is held.
                    (B) Chair.--The members of the Commission appointed 
                under subparagraph (A) shall appoint the Chair under 
                subsection (a)(1)(F) not later than 10 days after the 
                date the members are so appointed.
                    (C) Term.--A member appointed under subparagraph 
                (A) shall serve on the Commission for a term of 4 
                years. A member so appointed may serve after the 
                expiration of that member's term until a successor has 
                taken office.
            (3) Vacancies.--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.
    (c) Criteria for Appointment.--
            (1) In general.--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 paragraphs, 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.
            (2) Limitations.--A member appointed under subsection (a) 
        may not, at the time the member is appointed or serving as a 
        member on the Commission, be--
                    (A) an elected official to any Federal, State, or 
                local office;
                    (B) 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
                    (C) a member of the Armed Forces, including reserve 
                components thereof.
    (d) Travel Expenses.--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.

SEC. 5. EXAMINATION OF THE PRESIDENT.

    (a) In General.--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.
    (b) Procedures.--The provisions of section 2908 (other than 
subsection (a)) of the Defense Base Closure and Realignment Act of 1990 
shall apply to the consideration of a concurrent resolution described 
in subsection (a) in the same manner as such provisions apply to a 
joint resolution described in section 2908(a) of such Act.
    (c) Special Rules.--For purposes of applying subsection (b) with 
respect to such provisions, the following rules shall apply:
            (1) 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.
            (2) Any reference in subsection (c) to a ``20-day period'' 
        shall be deemed a reference to a ``48-hour period''.
            (3) Any reference in subsection (d) to ``the third day'' 
        shall be deemed a reference to ``the first day''.
            (4) 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).
    (d) Examination.--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.

SEC. 6. REPORT.

    (a) In General.--Not later than 72 hours after completing the 
examination under section 5, and notwithstanding the HIPAA privacy 
regulations (as defined in section 1180(b)(3) of the Social Security 
Act (42 U.S.C. 1320d-9(b)(3))), the Commission shall, in consultation 
with the Vice President, transmit a report to the Speaker of the House 
of Representatives and the President Pro Tempore of the Senate that 
shall include the declaration described in section 4 of the 25th 
Amendment providing whether the President is able to discharge the 
powers and duties of the office and otherwise describing the findings 
and conclusions of the examination.
    (b) Disagreement of Vice President.--If the Vice President 
disagrees with the declaration or any other conclusion of the 
Commission under subsection (a), the report submitted under such 
subsection shall include a statement by the Vice President setting 
forth such disagreement and the basis for such disagreement.
    (c) Consideration.--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).
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