This bill would establish an Oversight Commission on Presidential Capacity that would be used to carry out section four of the 25th Amendment, which allows the vice president to take over for the president when he’s “unable to discharge the powers and duties of his office.” The commission would carry out a medical exam of the president and make a determination whether 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 their duties. The vice president would have to concur with the commission’s finding that the president is incapacitated.
Congress would be able to trigger such an exam by 72 hours by passing a concurrent resolution through both the House and Senate, and within 72 hours of the exam’s the commission would notify Congress of its findings. If the president refuses to undergo such an exam, it would be taken into consideration by the commission when they make their report for Congress.
The commission would consist of 11 members appointed by the majority and minority leaders of the House and Senate, including four psychiatrists, four physicians, and three political members (former presidents, vice presidents, certain members of the Cabinet). Members would need to be approved by Congress and the commission’s chair would be appointed by its members. All members of the commission would be physicians, and at least one of the two appointees chosen by congressional leadership would need to specialize in psychiatry.
Under Section 4 of the 25th Amendment the vice president has the authority to remove the president with the support of the majority of the Cabinet or “such other body as Congress” if the president can’t “discharge the powers and duties of the office.” What that other body was wasn’t clarified further by Congress.