Oversight Commission on Presidential Capacity Act

Summary: Oversight Commission on Presidential Capacity Act This 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.  The 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. Any refusal by the President to undergo such examination shall be taken into consideration by the commission in reaching a conclusion.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oversight Commission on Presidential 
Capacity Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission in the legislative branch to be 
known as the ``Oversight Commission on Presidential Capacity'' (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 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 the powers and 
duties of the office of President.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11 
members, appointed as follows:
            (1) Two members appointed by the majority leader of the 
        Senate.
            (2) Two members appointed by the minority leader of the 
        Senate.
            (3) Two members appointed by the Speaker of the House of 
        Representatives.
            (4) Two members appointed by the minority leader of the 
        House of Representatives.
            (5) Two members--
                    (A) one of whom is appointed jointly by the two 
                appointing individuals under paragraphs (1) through (4) 
                who are members of, or caucus with, the Democratic 
                party;
                    (B) one of whom is appointed jointly by the two 
                appointing individuals under paragraphs (1) through (4) 
                who are members of, or caucus with, the Republican 
                party; and
                    (C) each of whom has served as President, Vice 
                President, Secretary of State, Attorney General, 
                Secretary of the Treasury, Secretary of Defense, or 
                Surgeon General.
            (6) One member, to serve as Chair of the Commission, 
        appointed by simple majority vote of the 10 members appointed 
        under paragraphs (1) through (5).
    (b) Criteria for Appointment.--
            (1) In general.--Each member appointed to the Commission 
        under paragraphs (1) through (4) of subsection (a) shall be a 
        physician. Of the two members appointed by each individual 
        under such paragraphs, one shall be a physician with a 
        specialty in psychiatry. The Chair shall be either a physician 
        or an individual appointed under paragraph (5) of subsection 
        (a), or both.
            (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.
            (3) Physician defined.--In this subsection, the term 
        ``physician'' means a doctor of medicine licensed to practice 
        medicine, surgery, or osteopathy in a State.
    (c) Travel Expenses.--Each member 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.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for a term 
        of 4 years. A member may serve after the expiration of that 
        member's term until a successor has taken office.
            (2) Appointment.--Each member shall be appointed during the 
        period beginning on the date that a Presidential election is 
        held and ending on the date that is 30 days after such election 
        date.
            (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.

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 Oversight Commission on Presidential Capacity 
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 4(d), 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 submit a report to 
the Speaker of the House of Representatives and the President pro 
tempore of the Senate describing the findings and conclusions of the 
examination.
    (b) 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).