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

Q: What does Preamble of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This bill is formally titled 'To establish the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office, and for other purposes.' The bill aims to establish a Commission on Presidential Capacity. The bill was introduced in the House of Representatives on April 14, 2026.

Q: What does SHORT TITLE. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This bill is formally titled the ``Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act''.

Q: What does ESTABLISHMENT. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

A commission is established within the legislative branch. The commission is officially named the "Commission on Presidential Capacity to Discharge the Powers and Duties of the Office." The Commission will carry out section 4 of the 25th Amendment to the Constitution of the United States.

Q: What does DUTY OF COMMISSION. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This section outlines the duty of the Commission regarding presidential medical examinations. The Commission is required to conduct a medical examination of the President if directed by Congress under section 5. The purpose of the examination is to determine if the President is mentally or physically unable to discharge their powers and duties. A determination of inability is made if the Commission finds the President is impaired by physical illness, mental illness, alcohol or drug use, or another condition. The impairment must be to the extent that the President lacks sufficient understanding or capacity to execute the powers and duties of the office.

Q: What does MEMBERSHIP OF THE COMMISSION. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This section establishes the membership of the Commission, requiring a total of 17 members. The Senate Majority and Minority Leaders, and the House Speaker and Minority Leader each appoint two members. Eight members are to be former high-ranking executive branch officers, with four appointed jointly by the Senate and House leaders and affiliated with the Democratic party, and four affiliated with the Republican party. These eight members must have served in specific high-ranking positions, including President, Vice President, Secretary of State, Attorney General, Secretary of the Treasury, Secretary of Defense, or Surgeon General. One member will serve as Chair, selected by a vote of the other 16 members and cannot be someone appointed under the previous subparagraphs. Initial appointments must occur within 10 days of the Act's enactment, with the Chair appointed within 3 days thereafter. Subsequent appointments after the initial appointment, following presidential election years, must be made by January 10th of the following year. Members appointed initially serve until January 1, 2031, while subsequent appointments have 4-year terms. Vacancies are filled in the same manner as the original appointment, within 30 days. Members appointed by the Senate and House leaders must be physicians, with one from each appointing body specializing in psychiatry. The Chair must also be a physician or meet specific executive branch experience criteria. Members cannot be elected officials, federal employees, or members of the Armed Forces.

Q: What does EXAMINATION OF THE PRESIDENT. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This section establishes a process for Congress to direct the Commission on Presidential Capacity to examine the President's mental or physical capacity. The examination is triggered by the adoption of a concurrent resolution with a specific title and content. Procedures from the Defense Base Closure and Realignment Act of 1990, section 2908, are applied to the consideration of this concurrent resolution. Specific rules modify the application of those procedures, including substituting the Judiciary Committees for the Armed Services Committees and shortening timeframes. The Commission must conduct the examination within 72 hours of Congress's adoption of the resolution.

Q: What does REPORT. of Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act do?

This section mandates the Commission to submit a report within 72 hours of completing an examination under section 5. The report must be transmitted to the Speaker of the House and the President Pro Tempore of the Senate. The report includes a declaration regarding the President’s ability to discharge powers and duties, as described in section 4 of the 25th Amendment. If the Vice President disagrees with the report's declaration or conclusions, the report must include a statement detailing their disagreement and its basis. The Commission must consider any refusal by the President to undergo the examination when reaching conclusions in the report.

Last updated: 4/14/2026 · Introduced: 4/14/2026

Author: Jamie Raskin (D-MD)

TL;DR (AI)

This bill establishes a 17-member Commission on Presidential Capacity to Discharge the Powers and Duties of the Office, operating within the legislative branch and tasked with carrying out section 4 of the 25th Amendment.
Congress can direct the Commission to conduct a medical examination of the President to determine if they are mentally or physically unable to fulfill their duties, triggered by the adoption of a specific concurrent resolution.
Following an examination, the Commission must submit a report to Congress and the President detailing its findings regarding the President’s capacity, including any disagreements from the Vice President.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 5 more.

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