,i #aaeth ,,congress #ast ,session ,h4 ,r4 #aihg ,,in ,,the ,,house ,,of ,,representatives ,april #f1 #bjag,mr4 ,raskin 7for himself1 ,mr4 ,conyers1 ,mr4 ,mc,govern1 ,ms4 ,lee1 ,ms4 ,jayapal1 ,mr4 ,blumenauer1 ,mr4 ,doggett1 ,mr4 ,soto1 ,ms4 ,jackson ,lee1 ,mr4 ,cohen1 ,mr4 ,gutirrez1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,grijalva1 ,ms4 ,lofgren1 ,mr4 ,brown of ,maryland1 ,mr4 ,cicilline1 ,mr4 ,takano1 ,ms4 ,wasserman ,schultz1 ,mr4 ,evans1 and ,mr4 ,nadler7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the ,oversight ,commission on ,presidential ,capacity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,oversight ,commission on ,presidential ,capacity ,act4 #b4 ,establishment ,there is established a commission in the legislative branch to be known as the ,oversight ,commission on ,presidential ,capacity 7in this ,act referred to as the ,commission74 ,the ,commission shall serve as the body provided by law by ,congress to carry out section #d of the #beth ,amendment to the ,constitution of the ,united ,states4 #c4 ,duty of ,commission 7a7 ,in general ,if directed by ,congress pursuant to section #e1 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 office1 as described under subsection 7b74 7b7 ,determination ,the determination under subsection 7a7 shall be made if the ,commission finds that the ,president is temporarily or permanently impaired by physical illness or disability1 mental illness1 mental deficiency1 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 ,president4 #d4 ,membership 7a7 ,number and appointment ,the ,commission shall be composed of #aa members1 appointed as follows3 7#a7 ,two members appointed by the majority leader of the ,senate4 7#b7 ,two members appointed by the minority leader of the ,senate4 7#c7 ,two members appointed by the ,speaker of the ,house of ,representatives4 7#d7 ,two members appointed by the minority leader of the ,house of ,representatives4 7#e7 ,two members-- 7,a7 one of whom is appointed jointly by the two appointing individuals under paragraphs 7#a7 through 7#d7 who are members of1 or caucus with1 the ,democratic party2 7,b7 one of whom is appointed jointly by the two appointing individuals under paragraphs 7#a7 through 7#d7 who are members of1 or caucus with1 the ,republican party2 and 7,c7 each of whom has served as ,president1 ,vice ,president1 ,secretary of ,state1 ,attorney ,general1 ,secretary of the ,treasury1 ,secretary of ,defense1 or ,surgeon ,general4 7#f7 ,one member1 to serve as ,chair of the ,commission1 appointed by simple majority vote of the #aj members appointed under paragraphs 7#a7 through 7#e74 7b7 ,criteria for appointment 7#a7 ,in general ,each member appointed to the ,commission under paragraphs 7#a7 through 7#d7 of subsection 7a7 shall be a physician4 ,of the two members appointed by each individual under such paragraphs1 one shall be a physician with a specialty in psychiatry4 ,the ,chair shall be either a physician or an individual appointed under paragraph 7#e7 of subsection 7a71 or both4 7#b7 ,limitations ,a member appointed under subsection 7a7 may not1 at the time the member is appointed or serving as a member on the ,commission1 be-- 7,a7 an elected official to any ,federal1 ,state1 or local office2 7,b7 an employee 7as that term is defined in section #baje of title #e1 ,united ,states ,code1 including any employee of the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission72 or 7,c7 a member of the ,armed ,forces1 including reserve components thereof4 7#c7 ,physician defined ,in this subsection1 the term physician means a doctor of medicine licensed to practice medicine1 surgery1 or osteopathy in a ,state4 7c7 ,travel expenses ,each member shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7d7 ,terms 7#a7 ,in general ,each member shall be appointed for a term of #d years4 ,a member may serve after the expiration of that member's term until a successor has taken office4 7#b7 ,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 #cj days after such election date4 7#c7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made1 not later than #cj days after the vacancy occurs4 ,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 term4 #e4 ,examination of the ,president 7a7 ,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 incapacitated1 either mentally or physically1 the title of which is ,directing the ,oversight ,commission on ,presidential ,capacity to conduct an examination of the ,president1 and the text of which consists solely of a directive to the ,commission to conduct the examination4 7b7 ,procedures ,the provisions of section #bijh 7other than subsection 7a77 of the ,defense ,base ,closure and ,realignment ,act of #aiij shall apply to the consideration of a concurrent resolution described in subsection 7a7 in the same manner as such provisions apply to a joint resolution described in section #bijh7;a7 of such ,act4 7c7 ,special rules ,for purposes of applying subsection 7b7 with respect to such provisions1 the following rules shall apply3 7#a7 ,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 ,senate4 7#b7 ,any reference in subsection 7c7 to a #bj-;day period shall be deemed a reference to a #dh-;hour period4 7#c7 ,any reference in subsection 7d7 to the third day shall be deemed a reference to the first day4 7#d7 ,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 7a74 7d7 ,examination ,not later than #gb hours after the adoption by ,congress of the concurrent resolution described in subsection 7a71 the ,commission shall conduct the examination described under such subsection4 #f4 ,report 7a7 ,in general ,not later than #gb hours after completing the examination under section #d7;d71 and notwithstanding the ,,hipaa privacy regulations 7as defined in section #aahj7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#i7;b77#c7771 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 examination4 7b7 ,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 7a74