{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hr1987-115/featured_oversight-commission-on-presidential-capacity-act-1499308590.jpg","featured_large":"https://assets.causes.com/bill/photo/hr1987-115/featured_large_oversight-commission-on-presidential-capacity-act-1499308590.jpg","shareable":"https://n.causes.com/share-images/bills/hr1987-115.png"},"introduced_on":"2017-04-06","title_override":"Should a Congressional Commission Examine the President’s Physical & Mental Fitness Under the 25th Amendment?","summary_override":"

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.

","official_title":"To establish the Oversight Commission on Presidential Capacity, and for other purposes.","short_title":"Oversight Commission on Presidential Capacity Act","popular_title":null,"short_summary":"Oversight Commission on Presidential Capacity Act\n\nThis 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.\n\nThe 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.\n\nAny refusal by the President to undergo such examination shall be taken into consideration by the commission ...","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Members of the commission; Congress; the Vice President and the President.","argument_for":"There needs to be a process for replacing a president who lacks the mental or physical capacity to lead the nation, and this bill would bring structure to the 25th Amendment’s vague instructions. Congress should’ve set up this commission 50 years ago, but there is no better time than the present to do this.","argument_against":"Given that positions on this commission would be filled through political appointments, it’s possible that it could make a decision on political rather than medical grounds. 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I'd give my right arm to get that man out of office, but this isn't the way to do it. Stop supporting the idea that disabilities are the cause for cruelty, incompetence, and bigotry.","show_argument_for":false,"show_argument_against":true,"upvote_count":0,"upvotes_for_count":null,"upvotes_against_count":0,"has_upvoted":false,"endorsement_count":0,"links":{"self":"https://www.causes.com/positions/f0a8c5c6-d675-4e56-b53c-799a2c53c043"},"body":"The problem with Trump has nothing to do with mental or physical health. I'd give my right arm to get that man out of office, but this isn't the way to do it. Stop supporting the idea that disabilities are the cause for cruelty, incompetence, and bigotry.","stance":"nay","created_at":"2018-04-06T03:16:41.658Z","shareable_image_url":"https://n.causes.com/share-images/positions/f0a8c5c6-d675-4e56-b53c-799a2c53c043.png","note_color":null,"note_text":null,"bill_id":"hr1987-115","user_id":"e9XlAMX9","endorser_ids":[]}}

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Should a Congressional Commission Examine the President’s Physical & Mental Fitness Under the 25th Amendment?