[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8275 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8275
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
April 14, 2026
Mr. Raskin (for himself, Mr. Mfume, Ms. Dexter, Mr. Cohen, Mr. Goldman
of New York, Mrs. Dingell, Ms. Ross, Mr. Panetta, Mr. Larson of
Connecticut, Mr. Johnson of Georgia, Ms. Garcia of Texas, Ms. Brown,
Mr. Thanedar, Ms. Norton, Mr. Thompson of Mississippi, Ms. Balint, Ms.
Salinas, Mr. Correa, Mr. Carter of Louisiana, Ms. Chu, Ms. Kamlager-
Dove, Ms. Scanlon, Mr. DeSaulnier, Ms. McCollum, Mr. McGovern, Mr.
Mullin, Mrs. Fletcher, Mr. Walkinshaw, Mr. Liccardo, Ms. Pingree, Mr.
Menefee, Mr. Amo, Ms. Underwood, Mr. Moulton, Ms. Randall, Ms. Jayapal,
Mr. Evans of Pennsylvania, Ms. McBride, Mr. Neguse, Mrs. McClain
Delaney, Mr. Green of Texas, Mrs. Watson Coleman, Mr. Huffman, Ms.
Stansbury, Ms. Crockett, Mr. Lieu, Mr. Ivey, Ms. Rivas, Mr. Kennedy of
New York, Mr. Carson, Ms. Simon, Mr. Beyer, Ms. Matsui, Mr. Nadler, Ms.
Ansari, Mr. Stanton, Mr. Garcia of Illinois, Ms. Friedman, Mr. Castro
of Texas, Mr. Bell, Mrs. Foushee, Mr. McGarvey, Ms. Lofgren, Ms.
Johnson of Texas, Mr. Magaziner, and Mr. Pocan) 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, 2031. 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 2028) 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 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.
(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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