Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act
- Bill Number
- H.R. 8275
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Congress
- Status
- Introduced
- Latest Action
- 2026-04-14: Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-04-22T08:07:34Z
AI-Generated Summary
Purpose
This bill establishes a bipartisan commission to provide Congress with a formal mechanism to evaluate whether the President is mentally or physically unable to perform their duties, implementing Section 4 of the 25th Amendment to the U.S. Constitution (which allows for temporary transfer of power if the President is incapacitated but lacks a specified process).
Key Provisions
- Commission Structure:
- 17 members total: 4 appointed by Senate leaders (2 majority, 2 minority), 4 by House leaders (2 Speaker, 2 minority leader), 8 former high-ranking executive officials (4 Democratic appointees, 4 Republican; roles like President, Vice President, or Cabinet secretaries), and 1 Chair elected by majority vote of the other 16.
- Appointees from congressional leaders must be licensed physicians (one psychiatrist per pair); no elected officials, federal employees, or active military.
- Initial terms until 2031; subsequent 4-year terms starting after presidential elections; vacancies filled quickly.
- Triggering an Examination:
- Congress passes a fast-tracked concurrent resolution (simple majority, expedited debate via modified base closure procedures) directing the Commission to examine the President.
- Exam must occur within 72 hours of resolution adoption.
- Scope of Examination:
- Assesses incapacity due to physical/mental illness, alcohol/drug use, or other conditions impairing ability to execute presidential powers.
- Reporting:
- Commission submits a report within 72 hours of exam to House Speaker and Senate President Pro Tempore, including a declaration on incapacity (overrides HIPAA privacy rules).
- Vice President may include a disagreement statement.
- President's refusal to be examined is factored into findings.
Significant Changes to Existing Law
- Creates the first statutory body (in the legislative branch) to conduct incapacity exams under the 25th Amendment, which previously relied on the Vice President and Cabinet (executive branch) without congressional involvement or medical expertise requirements.
- Introduces expedited congressional procedures for invoking exams and mandates medical professionals on the Commission.
Potential Impacts
- Government Agencies/Congress: Empowers Congress to initiate presidential capacity reviews independently; Commission operates outside executive control.
- Citizens: Could ensure leadership stability during presidential health crises but risks politicization of health disclosures.
- International Relations: Minimal direct impact, though could affect U.S. leadership perceptions abroad during activation.
Main Stakeholders Affected
- President and Vice President: Subject to examination and potential power transfer.
- Congress: Gains authority to trigger process and receive reports.
- Commission Members: Physicians and former officials responsible for evaluations.
- Federal Government: Legislative branch hosts the Commission; overrides certain privacy laws.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Fills a gap in the 25th Amendment by designating a congressional body for Section 4, balancing executive self-policing with legislative oversight.
- Legal: Bypasses HIPAA for public reporting; uses adapted fast-track rules from military base closure laws for efficiency.
- Political: Bipartisan appointments aim for neutrality, but congressional trigger and party-balanced experts could spark partisan disputes; refusal by President might escalate constitutional crises.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (84)
Rep. Mfume, Kweisi [D-MD-7], Rep. Dexter, Maxine [D-OR-3], Rep. Cohen, Steve [D-TN-9], Rep. Goldman, Daniel S. [D-NY-10], Rep. Dingell, Debbie [D-MI-6], Rep. Ross, Deborah K. [D-NC-2], Rep. Panetta, Jimmy [D-CA-19], Rep. Larson, John B. [D-CT-1], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Brown, Shontel M. [D-OH-11], Rep. Thanedar, Shri [D-MI-13], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Thompson, Bennie G. [D-MS-2], Rep. Balint, Becca [D-VT-At Large], Rep. Salinas, Andrea [D-OR-6], Rep. Correa, J. Luis [D-CA-46], Rep. Carter, Troy A. [D-LA-2], Rep. Chu, Judy [D-CA-28], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Scanlon, Mary Gay [D-PA-5], Rep. DeSaulnier, Mark [D-CA-10], Rep. McCollum, Betty [D-MN-4], Rep. McGovern, James P. [D-MA-2], Rep. Mullin, Kevin [D-CA-15], Rep. Fletcher, Lizzie [D-TX-7], Rep. Walkinshaw, James R. [D-VA-11], Rep. Liccardo, Sam T. [D-CA-16], Rep. Pingree, Chellie [D-ME-1], Rep. Menefee, Christian D. [D-TX-18], Rep. Amo, Gabe [D-RI-1], Rep. Underwood, Lauren [D-IL-14], Rep. Moulton, Seth [D-MA-6], Rep. Randall, Emily [D-WA-6], Rep. Jayapal, Pramila [D-WA-7], Rep. Evans, Dwight [D-PA-3], Rep. McBride, Sarah [D-DE-At Large], Rep. Neguse, Joe [D-CO-2], Rep. McClain Delaney, April [D-MD-6], Rep. Green, Al [D-TX-9], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Huffman, Jared [D-CA-2], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Crockett, Jasmine [D-TX-30], Rep. Lieu, Ted [D-CA-36], Rep. Ivey, Glenn [D-MD-4], Rep. Rivas, Luz M. [D-CA-29], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Carson, André [D-IN-7], Rep. Simon, Lateefah [D-CA-12] and 34 more
Recent Actions
- 2026-04-14: Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-14: Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-14: Introduced in House
- 2026-04-14: Introduced in House
Bill Versions
- Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act — issued 2026-04-14 — PDF (10 pages)