To provide a cause of action to remove and bar from holding office certain individuals who engage in insurrection or rebellion against the United States, and for other purposes.

I 117TH CONGRESS 1ST SESSION H. R. 1405 To provide a cause of action to remove and bar from holding office certain individuals who engage in insurrection or rebellion against the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Mr. COHEN introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Reform, House Administration, and Armed Services, 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 con- cerned A BILL To provide a cause of action to remove and bar from holding office certain individuals who engage in insurrection or rebellion against the United States, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. INSURRECTION OR REBELLION BY OFFICE- 3 HOLDERS. 4 (a) IN GENERAL.—No Officeholder may engage in 5 any insurrection or rebellion. 6 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1405 IH (b) CIVIL ACTION.—The Attorney General of the 1 United States may bring a civil action for a declaratory 2 judgement and relief described in subsection (c) against 3 any Officeholder who engages in insurrection or rebellion, 4 including any Officeholder who, after becoming an Office- 5 holder, engaged in insurrection or rebellion prior to the 6 date of the enactment of this Act. 7 (c) RELIEF.— 8 (1) IN GENERAL.—Notwithstanding any other 9 law, an Officeholder that is found pursuant to an ac- 10 tion brought under this section to have engaged in 11 insurrection or rebellion shall be— 12 (A) disqualified from holding any Federal 13 or State office; 14 (B) removed from any Federal or State of- 15 fice held by such Officeholder; and 16 (C) to the extent permitted under the Con- 17 stitution and except as otherwise provided in 18 this subsection, enjoined from receiving any 19 payment of an annuity or retirement pay under 20 title 5 of the United States Code, protection 21 under section 3056 of title 18, United States 22 Code, or any other Federal benefit that would 23 otherwise be received on the basis of such Of- 24 ficeholder previously holding a Federal office. 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1405 IH (2) SURVIVOR AND BENEFICIARY BENEFITS 1 FORFEIT.—Notwithstanding any other law and ex- 2 cept as otherwise provided in this subsection, no sur- 3 vivor or beneficiary of a disqualified Officeholder 4 may receive any Federal payment or other Federal 5 benefit on the basis of such disqualified Officeholder 6 previously holding a Federal office. 7 (3) REFUND OF CONTRIBUTIONS.—For each 8 benefit enjoined or forfeit under paragraph (1)(C) or 9 (2), the disqualified Officeholder or the survivor or 10 beneficiary of such disqualified Officeholder, as ap- 11 propriate, shall be refunded an amount equal to the 12 difference between any amounts such disqualified 13 Officeholder paid for or contributed to such benefit 14 less the value of such benefit received (if any) prior 15 to becoming a disqualified Officeholder. 16 (4) APPLICABILITY.—Paragraphs (1)(C) and 17 (2) shall apply only with respect to benefits to the 18 extent to which an individual becomes vested in or 19 entitled to after the date of the enactment of this 20 Act. 21 (d) PROCEDURE.— 22 (1) IN GENERAL.—Any action brought under 23 this section shall be heard and determined by a dis- 24 trict court of three judges in accordance with section 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1405 IH 2284 of title 28, United States Code. The chief 1 judge of the United States court of appeals for each 2 circuit shall, to the extent practicable and consistent 3 with the avoidance of unnecessary delay, consolidate, 4 for all purposes, in one district court within that cir- 5 cuit, all actions pending in that circuit under this 6 section. Any party to an action under this section 7 shall be precluded from seeking any consolidation of 8 that action other than is provided in this paragraph. 9 In selecting the district court in which to consolidate 10 such actions, the chief judge shall consider the con- 11 venience of the parties and witnesses and efficient 12 conduct of such actions. Any final order or injunc- 13 tion of a United States district court that is issued 14 pursuant to an action brought under this section 15 shall be reviewable by appeal directly to the Supreme 16 Court of the United States. Any such appeal shall 17 be taken by a notice of appeal filed within 10 days 18 after such order is entered; and the jurisdictional 19 statement shall be filed within 30 days after such 20 order is entered. No stay of an order issued pursu- 21 ant to an action brought under this section may be 22 issued by a single Justice of the Supreme Court. 23 (2) EXPEDITED DOCKET.—It shall be the duty 24 of a United States district court hearing an action 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1405 IH brought under this section and the Supreme Court 1 of the United States to advance on the docket and 2 to expedite to the greatest possible extent the dis- 3 position of any such matter. 4 (3) FORUM.—Any action brought under this 5 section against an Officeholder holding a Federal of- 6 fice shall be brought in the Federal district court for 7 the District of Columbia. 8 (4) STANDARD OF EVIDENCE.—With respect to 9 any action brought under this section, the Attorney 10 General shall demonstrate by clear and convincing 11 evidence that an Officeholder has engaged in insur- 12 rection or rebellion. 13 (e) REMOVAL OF DISABILITIES.— 14 (1) DISQUALIFICATION FROM HOLDING OF- 15 FICE.— 16 (A) IN GENERAL.—Congress may, upon 17 petition, by a two-thirds vote in each House re- 18 move the disability described in subsection 19 (c)(1)(A). 20 (B) PETITION RULES.—The Senate and 21 the House of Representatives shall each estab- 22 lish rules for the submission and consideration 23 of such petitions. 24 (2) RESTORATION.— 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1405 IH (A) BENEFITS.—Upon the removal of the 1 disability of an individual under paragraph 2 (1)(A), any benefits lost pursuant to paragraph 3 (1)(C) or (2) of subsection (c) with respect to 4 such individual shall be restored to the appro- 5 priate individual, as determined under the laws 6 and regulations providing for such benefit, ex- 7 cept that such benefit shall be reduced by the 8 amount paid (if any) under subsection (c)(3) 9 with respect to such benefit. 10 (B) HONORS AND COMMEMORATIONS.— 11 Upon the removal of the disability of an indi- 12 vidual under paragraph (1)(A), any honor or 13 commemoration lost and any property renamed 14 pursuant to subsection (f) with respect to such 15 individual shall be restored to the extend prac- 16 ticable. 17 (C) CONTRACTS, GRANTS, LOANS, AND CO- 18 OPERATIVE AGREEMENTS.—Upon the removal 19 of the disability of an individual under para- 20 graph (1)(A), any contract, grant, loan, or co- 21 operative agreement terminated pursuant to 22 subsection (g) with respect to such individual 23 shall be restored to the extend practicable. 24 (f) FEDERAL HONORS AND COMMEMORATIONS.— 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1405 IH (1) RESCISSION.— 1 (A) IN GENERAL.—Any Federal honor or 2 commemoration, including any medal, decora- 3 tion, or award, awarded to a disqualified Office- 4 holder shall be rescinded. 5 (B) REPAYMENT NOT REQUIRED.—No dis- 6 qualified Officeholder shall be required to repay 7 to the Federal Government any amounts re- 8 ceived as part of any honor or commemoration 9 rescinded under subparagraph (A). 10 (2) FUTURE HONORS AND COMMEMORA- 11 TIONS.—A disqualified Officeholder shall be ineli- 12 gible to receive any Federal honor or commemora- 13 tion. 14 (3) RENAMING.—No Federal building, park, 15 award, or other property of the United States may 16 be named in honor of a disqualified Officeholder and 17 any such property named in honor thereof shall be 18 renamed. 19 (g) FEDERAL CONTRACTS, GRANTS, LOANS, AND CO- 20 OPERATIVE AGREEMENTS.—Notwithstanding any other 21 law, a disqualified Officeholder and any entity in which 22 such disqualified Officeholder holds, directly or indirectly, 23 a controlling interest shall be ineligible to— 24 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1405 IH (1) receive any Federal funds under any grant 1 or loan provided or guaranteed by the Federal Gov- 2 ernment; 3 (2) be awarded a contract by the Federal Gov- 4 ernment; 5 (3) be a subcontractor, at any tier, under such 6 a contract; or 7 (4) enter into a cooperative agreement with the 8 Federal Government. 9 (h) INSURRECTION OR REBELLION.—Pursuant to 10 section 5 of the 14th Amendment, for the purposes of sec- 11 tion 3 of the 14th Amendment the term ‘‘insurrection or 12 rebellion’’ has the meaning given such term in this section. 13 (i) DEFINITIONS.—In this Act: 14 (1) CONTROLLING INTEREST.—The term ‘‘con- 15 trolling interest’’ means owning, controlling, or hold- 16 ing not less than 20 percent, by vote or value, of the 17 outstanding amount of any class of equity interest in 18 an entity. 19 (2) DISQUALIFIED OFFICEHOLDER.—The term 20 ‘‘disqualified Officeholder’’ means an Officeholder 21 who is found, pursuant to an action brought under 22 this section, to have engaged in insurrection or re- 23 bellion and whose disqualification from holding office 24 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1405 IH under subsection (c)(1)(A) has not been removed 1 pursuant to subsection (e). 2 (3) EQUITY INTEREST.—The term ‘‘equity in- 3 terest’’ means— 4 (A) a share in an entity, without regard to 5 whether the share is— 6 (i) transferable; or 7 (ii) classified as stock or anything 8 similar; 9 (B) a capital or profit interest in a limited 10 liability company or partnership; or 11 (C) a warrant or right, other than a right 12 to convert, to purchase, sell, or subscribe to a 13 share or interest described in subparagraph (A) 14 or (B), respectively. 15 (4) FEDERAL OFFICE.—The term ‘‘Federal of- 16 fice’’ means— 17 (A) the office of the President; 18 (B) the office of the Vice President; 19 (C) a Member of Congress; 20 (D) a Justice of the Supreme Court; 21 (E) a Federal court judge; 22 (F) the head of an executive agency (as de- 23 fined in section 105 of title 5, United States 24 Code); 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1405 IH (G) a position in the executive branch to 1 which an individual must be appointed by the 2 President with the advice and consent of the 3 Senate; 4 (H) a position created by Federal law to 5 which an individual is appointed by— 6 (i) an Officeholder holding a Federal 7 office to which such Officeholder was elect- 8 ed; or 9 (ii) an Officeholder who holds a posi- 10 tion to which an individual must be ap- 11 pointed by the President with the advice 12 and consent of the Senate; 13 (I) a position created by Federal law with 14 a non-delegable duty assigned to such position 15 by Federal law; 16 (J) a position in any level of government 17 that has the authority to— 18 (i) create Federal law, including pro- 19 mulgating rules and regulations or issuing 20 binding orders; 21 (ii) provide legally binding interpreta- 22 tions of such law, judicial order, or any ad- 23 ministrative order directly reviewable by, 24 or appealable to, a Federal court; 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1405 IH (iii) enforce such Federal law, includ- 1 ing issuance of citations or fines, affecting 2 custodial arrests, and executing warrants, 3 if such enforcement is a significant compo- 4 nent of the duties of the position; 5 (iv) authorize the obligation or ex- 6 penditure of Federal funds; or 7 (v) award or manage compliance with 8 contracts on behalf of the Federal Govern- 9 ment; 10 (K) a position in the Federal Government, 11 civil or military, for which an individual has, 12 pursuant to a requirement of law or custom, 13 taken an oath to the support the Constitution 14 upon assuming such position; or 15 (L) a position that supervises a position 16 described in any of subparagraphs (A) through 17 (K). 18 (5) INSURRECTION OR REBELLION.—The term 19 ‘‘insurrection or rebellion’’ means— 20 (A) any violent act, or act supported by a 21 threat of violence, intended to impede any con- 22 stitutional function of the United States; and 23 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1405.IH H1405 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1405 IH (B) any attempt or conspiracy to commit, 1 or incitement of, an act described in subpara- 2 graph (A). 3 (6) MEMBER OF CONGRESS.—The term ‘‘Mem- 4 ber of Congress’’ means Senator or a Representative 5 in, or Delegate or Resident Commissioner to, the 6 Congress. 7 (7) OFFICEHOLDER.—The term ‘‘Officeholder’’ 8 means any individual who— 9 (A) holds or previously held a Federal or 10 State office; 11 (B) is or was an elector for President of 12 the United States; or 13 (C) is or was a member of the armed 14 forces or national guard (as such terms are de- 15 fined in section 101 of title 10, United States 16 Code) and who, as a member, took an oath to 17 support the Constitution. 18 (8) STATE.—The term ‘‘State’’ means a States 19 of the United States, the District of Columbia, and 20 the territories of the United States. 21 (9) STATE OFFICE.—The term ‘‘State office’’ 22 means— 23 (A) the office of the chief executive of a 24 State; 25 VerDate Sep 11 2014 02:16 Mar 27, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 [Text truncated for display. Full text available on Congress.gov.]