Rep. Panetta Cosponsors Legislation to Establish Independent Commission on Presidential Capacity

Washington, D.C. – United States Representative Jimmy Panetta (CA-19) joined Rep. Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, and nearly 50 of his Democratic colleagues to introduce legislation to establish a Commission on Presidential Capacity to Discharge the Powers and Duties of Office, the body and process called for in Section 4 of the 25th Amendment to the U.S. Constitution to enable Congress to ensure effective and uninterrupted leadership in the presidency.

This body is the legislative counterpart to the Cabinet and would have the power to work with the Vice President. Essentially, the 25th Amendment gives a constitutional answer to any medical crisis that might occur.

Section 4 of the 25th Amendment empowers Congress to establish a permanent “body” that, with the concurrence of the Vice President, can declare that the President is “unable to discharge the powers and duties of his office.” Although the 25th Amendment was adopted more than 50 years ago, Congress never set up this body called for in Section 4. This bill establishes that independent nonpartisan body: the Commission on Presidential Capacity to Discharge the Powers and Duties of Office. This means the Vice President could act either with a majority of the Cabinet or a majority of this body in the event of a 25th Amendment crisis.

“The 25th Amendment provides ways to remove a United States President who is unable to discharge his or her duties based on some form of incapacity or infirmity,” said Rep. Panetta. “A President’s cabinet can formally recommend removal of their President or a commission appointed by the Vice President can determine a President’s removal. Either of those determinations then require the Congress and the Senate to agree to the removal with a two-thirds vote in each chamber. The bill that we’re introducing would allow Congress an opportunity in a bipartisan manner to create that commission of non-partisan physicians, psychiatrists, and retired government officials, as outlined by Section 4 of the 25th Amendment. Based on the bipartisan nature of the selection process, the bill would strengthen the role of Congress when it comes to such a serious determination as mandated by our Constitution.”

“The Constitution explicitly vests Congress with the authority to create a body that will guarantee the successful continuity of government by responding to presidential incapacity to discharge the powers and duties of office. We have a solemn duty to play our defined role under the 25th Amendment by setting up this body to act alongside the Vice President and the Cabinet. This body should have been set up Congress when the 25th Amendment was added to the Constitution in 1967. We have 535 Members of Congress but just one President and this body is a necessary element of successful continuity of government. Congress should act now to establish a permanent and standing Commission on Presidential Capacity to Discharge the Powers and Duties of Office. Public trust in Donald Trump’s ability to meet the duties of his office has dropped to unprecedented lows as he threatens to destroy entire civilizations, unleashes chaos in the Middle East while violating Congressional war powers, aggressively insults the Pope of the Catholic Church and sends out artistic renderings online likening himself to Jesus Christ. We are at a dangerous precipice, and it is now a matter of national security for Congress to fulfill its responsibilities under the 25th Amendment to protect the American people from an increasingly volatile and unstable situation,” said Ranking Member Raskin.

In emergency situations, Congress could pass a concurrent resolution requiring the Commission to examine the President, determine his/her ability to execute the powers and duties of the office, and report its findings to Congress. If presidential incapacity exists according to the Vice President and a majority of the Commission, the Vice President would immediately assume the role of Acting President.

Under the legislation, which is scrupulously bipartisan, the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Minority Leader would each select four retired statespersons from the Executive Branch (such as former Presidents, Vice Presidents, Attorneys General and Surgeons General, Secretaries of State, Defense, and Treasury) to serve on the Commission. 

Additionally, the Democratic and Republican leaders of each chamber would select four physicians and four psychiatrists to serve on the Commission. The 16 appointed members then would select a 17th member to act as the Chair of the Commission. In order to avoid conflicts of interest and both civilian and military chain of command issues, none of the members could be current elected officials, federal employees, or members of the active or reserve military.

Full text of the bill is available here.

An overview of the legislation and background on the 25th Amendment is available here.

FAQs are available here.

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