,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hedh  ,,in ,,the ,,house ,,of  
,,representatives  ,october #i1         
#bjbj,mr4 ,raskin 7for himself1 ,mr4    
,nadler1 ,mrs4 ,carolyn ,b4 ,maloney of 
,new ,york1 ,mrs4 ,demings1 ,ms4        
,scanlon1 ,mr4 ,pocan1 ,ms4 ,jayapal1   
,ms4 ,dean1 ,mr4 ,cicilline1 ,ms4       
,de,gette1 ,ms4 ,escobar1 ,mr4          
,espaillat1 ,ms4 ,moore1 ,mr4 ,evans1   
,ms4 ,shalala1 ,mr4 ,ted ,lieu of       
,california1 ,ms4 ,norton1 ,ms4         
,schakowsky1 ,mr4 ,mc,govern1 ,mr4      
,johnson of ,georgia1 ,ms4 ,garcia of   
,texas1 ,mr4 ,neguse1 ,mr4 ,mfume1 ,ms4 
,eshoo1 ,ms4 ,lofgren1 ,mr4 ,connolly1  
,ms4 ,haaland1 ,mr4 ,correa1 ,mr4       
,de,saulnier1 ,mr4 ,deutch1 ,ms4 ,bass1 
,mr4 ,green of ,texas1 ,ms4 ,wasserman  
,schultz1 ,ms4 ,velzquez1 ,mr4 ,swalwell
 of ,california1 ,mrs4 ,torres of       
,california1 ,mr4 ,blumenauer1 ,mrs4    
,watson ,coleman1 and ,mr4 ,cohen7      
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 ,commission
 on ,presidential ,capacity to          
,discharge the ,powers and ,duties of   
the ,office1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,commission on ,presidential    
,capacity to ,discharge the ,powers and 
,duties of the ,office ,act4  #b4       
,establishment ,there is established a  
commission in the legislative branch to 
be known as the ,commission on          
,presidential ,capacity to ,discharge   
the ,powers and ,duties of the ,office  
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 any of the      
following conditions to the extent that 
the person lacks sufficient             
understanding or capacity to execute the
 powers and duties of the office of     
,president3 7#a7 ,physical illness or   
disability4  7#b7 ,mental illness or    
deficiency4  7#c7 ,alcohol or drug use4 
7#d7 ,any other condition or contingency
 rendering the ,president unable to     
execute the powers and duties of the    
office of the ,president4  #d4          
,membership of the ,commission  7a7     

,number  7#a7 ,in general ,the          
,commission shall be composed of #ag    
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 ,eight
 members-- 7i7 four of whom are former  
high-ranking executive branch officers  
appointed jointly by the two appointing 
individuals under subparagraphs 7,a7    
through 7,d7 who are members of1 or     
caucus with1 the ,democratic party2     
7ii7 four of whom are former            
high-ranking executive branch officers  
appointed jointly by the two appointing 
individuals under subparagraphs 7,a7    
through 7,d7 who are members of1 or     
caucus with1 the ,republican party2 and 
7iii7 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 #af members        
appointed under subparagraphs 7,a7      
through 7,e74 ,the ,chair may not be any
 member appointed under such            
subparagraphs4 ,for purposes of         
appointing the ,chair1 a voting quorum  
shall be established by the presence of 
#ej percent plus one of the members     
appointed under such subparagraphs4     
7#b7 ,failure of appointment ,if any    
appointment under paragraph 7#a7 is not 
made1 the ,commission shall consist of  
the members duly appointed4  7b7        
,appointment  7#a7 ,initial appointment 
7,a7 ,in general ,for the initial       
appointment of members to the           
,commission1 each member under          
subparagraphs 7,a7 through 7,e7 of      
subsection 7a77#a7 shall be appointed   
not later than #aj days after the date  

of enactment of this ,act4  7,b7 ,chair 
,the members of the ,commission         
appointed under subparagraph 7,a7 shall 
appoint the ,chair under subsection     
7a77#a77;,f7 not later than #c days     
after the date the members are so       
appointed4  7,c7 ,term ,a member        
appointed under subparagraph 7,a7 shall 
serve as a member of the ,commission    
until ,january #a1 #bjbe4 ,a member so  
appointed may serve after the expiration
 of that member's term until a successor
 has taken office4  7#b7 ,subsequent    
appointments  7,a7 ,in general ,for any 
appointment of members to the           
,commission after the initial           
appointment under paragraph 7#a71 each  
member under subparagraphs 7,a7 through 
7,e7 of subsection 7a77#a7 shall be     
appointed not later than ,january #aj of
 the year immediately following any year
 7beginning in #bjbd7 in which a        
presidential election is held4  7,b7    
,chair ,the members of the ,commission  
appointed under subparagraph 7,a7 shall 

appoint the ,chair under subsection     
7a77#a77;,f7 not later than #aj days    
after the date the members are so       
appointed4  7,c7 ,term ,a member        
appointed under subparagraph 7,a7 shall 
serve on the ,commission for a term of  
#d years4 ,a member so appointed may    
serve after the expiration of that      
member's term until a successor has     
taken office4  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  7c7    
,criteria for appointment  7#a7 ,in     
general ,each member appointed to the   
,commission under subparagraphs 7,a7    
through 7,d7 of subsection 7a77#a7 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 a physician or an       
individual who meets the requirements of
 subsection 7a77#a77;,e77iii71 or both4 
,in this paragraph1 the term physician  
means a doctor of medicine licensed to  
practice medicine1 surgery1 or          
osteopathy in a ,state4  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  
7d7 ,travel expenses ,each member of the
 ,commission 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  #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 ,commission on           
,presidential ,capacity to ,discharge   
the ,powers and ,duties of the ,office  
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
 #e1 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   
shall1 in consultation with the ,vice   
,president1 transmit a report to the    
,speaker of the ,house of               
,representatives and the ,president ,pro
 ,tempore of the ,senate that shall     
include the declaration described in    
section #d of the #beth ,amendment      
providing whether the ,president is able
 to discharge the powers and duties of  
the office and otherwise describing the 

findings and conclusions of the         
examination4  7b7 ,disagreement of ,vice
 ,president ,if the ,vice ,president    
disagrees with the declaration or any   
other conclusion of the ,commission     
under subsection 7a71 the report        
submitted under such subsection shall   
include a statement by the ,vice        
,president setting forth such           
disagreement and the basis for such     
disagreement4  7c7 ,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