Oversight Commission on Presidential Capacity Act
This bill establishes in the legislative branch an Oversight Commission on Presidential Capacity to determine whether the President is mentally or physically unable to discharge the powers and duties of office.
The commission: (1) within 72 hours after Congress adopts a concurrent resolution directing it to do so, shall conduct a medical examination to determine if the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that he or she lacks sufficient understanding or capacity to execute the powers and duties of the office of President; and (2) within 72 hours after completing the examination, shall report its findings and conclusions to the Speaker of the House of Representatives and the President pro tempore of the Senate.
Any refusal by the President to undergo such examination shall be taken into consideration by the commission in reaching a conclusion.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1987 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1987
To establish the Oversight Commission on Presidential Capacity, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2017
Mr. Raskin (for himself, Mr. Conyers, Mr. McGovern, Ms. Lee, Ms.
Jayapal, Mr. Blumenauer, Mr. Doggett, Mr. Soto, Ms. Jackson Lee, Mr.
Cohen, Mr. Gutierrez, Ms. Judy Chu of California, Mr. Grijalva, Ms.
Lofgren, Mr. Brown of Maryland, Mr. Cicilline, Mr. Takano, Ms.
Wasserman Schultz, Mr. Evans, and Mr. Nadler) 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 Oversight Commission on Presidential Capacity, 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 ``Oversight Commission on Presidential
Capacity Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission in the legislative branch to be
known as the ``Oversight Commission on Presidential Capacity'' (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 physical illness or disability, mental illness,
mental deficiency, or alcohol or drug use to the extent that the person
lacks sufficient understanding or capacity to execute the powers and
duties of the office of President.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members, appointed as follows:
(1) Two members appointed by the majority leader of the
Senate.
(2) Two members appointed by the minority leader of the
Senate.
(3) Two members appointed by the Speaker of the House of
Representatives.
(4) Two members appointed by the minority leader of the
House of Representatives.
(5) Two members--
(A) one of whom is appointed jointly by the two
appointing individuals under paragraphs (1) through (4)
who are members of, or caucus with, the Democratic
party;
(B) one of whom is appointed jointly by the two
appointing individuals under paragraphs (1) through (4)
who are members of, or caucus with, the Republican
party; and
(C) each of whom has served as President, Vice
President, Secretary of State, Attorney General,
Secretary of the Treasury, Secretary of Defense, or
Surgeon General.
(6) One member, to serve as Chair of the Commission,
appointed by simple majority vote of the 10 members appointed
under paragraphs (1) through (5).
(b) Criteria for Appointment.--
(1) In general.--Each member appointed to the Commission
under paragraphs (1) through (4) of subsection (a) 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 either a physician
or an individual appointed under paragraph (5) of subsection
(a), or both.
(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.
(3) Physician defined.--In this subsection, the term
``physician'' means a doctor of medicine licensed to practice
medicine, surgery, or osteopathy in a State.
(c) Travel Expenses.--Each member 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.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of 4 years. A member may serve after the expiration of that
member's term until a successor has taken office.
(2) Appointment.--Each member shall be appointed during the
period beginning on the date that a Presidential election is
held and ending on the date that is 30 days after such election
date.
(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.
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 Oversight Commission on Presidential Capacity
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 4(d), 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 submit a report to
the Speaker of the House of Representatives and the President pro
tempore of the Senate describing the findings and conclusions of the
examination.
(b) 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).
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on the Constitution and Civil Justice.
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