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

The bill establishes the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office within the legislative branch, intended to act as the body specified under Section 4 of the 25th Amendment. If directed by a concurrent resolution of Congress, the Commission's duty is to conduct a medical examination of the President to determine if they are mentally or physically unable to discharge the powers and duties of the office. This determination would be based on whether the President is temporarily or permanently impaired by conditions such as physical or mental illness, alcohol or drug use, or any other contingency preventing them from executing their duties. The Commission comprises 17 members, including appointments by congressional leadership and eight former high-ranking executive branch officers, split evenly between Democratic and Republican affiliations, who have served in specific cabinet-level roles. Most members, including the Chair, must be physicians, with at least one psychiatrist appointed by each congressional leader. Upon a congressional directive, the Commission must conduct the examination within 72 hours and then, in consultation with the Vice President, transmit a report to Congress within 72 hours, including a declaration regarding the President's capacity and any disagreement from the Vice President. A refusal by the President to undergo the examination would be considered in the Commission's findings.