1. Short title This Act may be cited as the Oversight Commission on Presidential Capacity Act . 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. 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. 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