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 concerned 

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 purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INSURRECTION OR REBELLION BY OFFICE4 HOLDERS. 

5 (a) IN GENERAL.—No Officeholder may engage in 

6 any insurrection or rebellion. 


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1 (b) CIVIL ACTION.—The Attorney General of the 

2 United States may bring a civil action for a declaratory 

3 judgement and relief described in subsection (c) against 

4 any Officeholder who engages in insurrection or rebellion, 

5 including any Officeholder who, after becoming an Office6 holder, engaged in insurrection or rebellion prior to the 

7 date of the enactment of this Act. 

8 (c) RELIEF.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 law, an Officeholder that is found pursuant to an ac11 tion brought under this section to have engaged in 

12 insurrection or rebellion shall be— 

13 (A) disqualified from holding any Federal 

14 or State office; 

15 (B) removed from any Federal or State of16 fice held by such Officeholder; and 

17 (C) to the extent permitted under the Con18 stitution and except as otherwise provided in 

19 this subsection, enjoined from receiving any 

20 payment of an annuity or retirement pay under 

21 title 5 of the United States Code, protection 

22 under section 3056 of title 18, United States 

23 Code, or any other Federal benefit that would 

24 otherwise be received on the basis of such Of25 ficeholder previously holding a Federal office. 


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1 (2) SURVIVOR AND BENEFICIARY BENEFITS

2 FORFEIT.—Notwithstanding any other law and ex3 cept as otherwise provided in this subsection, no sur4 vivor or beneficiary of a disqualified Officeholder 

5 may receive any Federal payment or other Federal 

6 benefit on the basis of such disqualified Officeholder 

7 previously holding a Federal office. 

8 (3) REFUND OF CONTRIBUTIONS.—For each 

9 benefit enjoined or forfeit under paragraph (1)(C) or 

10 (2), the disqualified Officeholder or the survivor or 

11 beneficiary of such disqualified Officeholder, as ap12 propriate, shall be refunded an amount equal to the 

13 difference between any amounts such disqualified 

14 Officeholder paid for or contributed to such benefit 

15 less the value of such benefit received (if any) prior 

16 to becoming a disqualified Officeholder. 

17 (4) APPLICABILITY.—Paragraphs (1)(C) and 

18 (2) shall apply only with respect to benefits to the 

19 extent to which an individual becomes vested in or 

20 entitled to after the date of the enactment of this 

21 Act. 

22 (d) PROCEDURE.— 

23 (1) IN GENERAL.—Any action brought under 

24 this section shall be heard and determined by a dis25 trict court of three judges in accordance with section 


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1 2284 of title 28, United States Code. The chief 

2 judge of the United States court of appeals for each 

3 circuit shall, to the extent practicable and consistent 

4 with the avoidance of unnecessary delay, consolidate, 

5 for all purposes, in one district court within that cir6 cuit, all actions pending in that circuit under this 

7 section. Any party to an action under this section 

8 shall be precluded from seeking any consolidation of 

9 that action other than is provided in this paragraph. 

10 In selecting the district court in which to consolidate 

11 such actions, the chief judge shall consider the con12 venience of the parties and witnesses and efficient 

13 conduct of such actions. Any final order or injunc14 tion of a United States district court that is issued 

15 pursuant to an action brought under this section 

16 shall be reviewable by appeal directly to the Supreme 

17 Court of the United States. Any such appeal shall 

18 be taken by a notice of appeal filed within 10 days 

19 after such order is entered; and the jurisdictional 

20 statement shall be filed within 30 days after such 

21 order is entered. No stay of an order issued pursu22 ant to an action brought under this section may be 

23 issued by a single Justice of the Supreme Court. 

24 (2) EXPEDITED DOCKET.—It shall be the duty 

25 of a United States district court hearing an action 


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1 brought under this section and the Supreme Court 

2 of the United States to advance on the docket and 

3 to expedite to the greatest possible extent the dis4 position of any such matter. 

5 (3) FORUM.—Any action brought under this 

6 section against an Officeholder holding a Federal of7 fice shall be brought in the Federal district court for 

8 the District of Columbia. 

9 (4) STANDARD OF EVIDENCE.—With respect to 

10 any action brought under this section, the Attorney 

11 General shall demonstrate by clear and convincing 

12 evidence that an Officeholder has engaged in insur13 rection or rebellion. 

14 (e) REMOVAL OF DISABILITIES.— 

15 (1) DISQUALIFICATION FROM HOLDING OF16 FICE.— 

17 (A) IN GENERAL.—Congress may, upon 

18 petition, by a two-thirds vote in each House re19 move the disability described in subsection 

20 (c)(1)(A). 

21 (B) PETITION RULES.—The Senate and 

22 the House of Representatives shall each estab23 lish rules for the submission and consideration 

24 of such petitions. 

25 (2) RESTORATION.— 


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1 (A) BENEFITS.—Upon the removal of the 

2 disability of an individual under paragraph 

3 (1)(A), any benefits lost pursuant to paragraph 

4 (1)(C) or (2) of subsection (c) with respect to 

5 such individual shall be restored to the appro6 priate individual, as determined under the laws 

7 and regulations providing for such benefit, ex8 cept that such benefit shall be reduced by the 

9 amount paid (if any) under subsection (c)(3) 

10 with respect to such benefit. 

11 (B) HONORS AND COMMEMORATIONS.— 

12 Upon the removal of the disability of an indi13 vidual under paragraph (1)(A), any honor or 

14 commemoration lost and any property renamed 

15 pursuant to subsection (f) with respect to such 

16 individual shall be restored to the extend prac17 ticable. 

18 (C) CONTRACTS, GRANTS, LOANS, AND CO19 OPERATIVE AGREEMENTS.—Upon the removal 

20 of the disability of an individual under para21 graph (1)(A), any contract, grant, loan, or co22 operative agreement terminated pursuant to 

23 subsection (g) with respect to such individual 

24 shall be restored to the extend practicable. 

25 (f) FEDERAL HONORS AND COMMEMORATIONS.— 


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1 (1) RESCISSION.— 

2 (A) IN GENERAL.—Any Federal honor or 

3 commemoration, including any medal, decora4 tion, or award, awarded to a disqualified Office5 holder shall be rescinded. 

6 (B) REPAYMENT NOT REQUIRED.—No dis7 qualified Officeholder shall be required to repay 

8 to the Federal Government any amounts re9 ceived as part of any honor or commemoration 

10 rescinded under subparagraph (A). 

11 (2) FUTURE HONORS AND COMMEMORA12 TIONS.—A disqualified Officeholder shall be ineli13 gible to receive any Federal honor or commemora14 tion. 

15 (3) RENAMING.—No Federal building, park, 

16 award, or other property of the United States may 

17 be named in honor of a disqualified Officeholder and 

18 any such property named in honor thereof shall be 

19 renamed. 

20 (g) FEDERAL CONTRACTS, GRANTS, LOANS, AND CO21 OPERATIVE AGREEMENTS.—Notwithstanding any other 

22 law, a disqualified Officeholder and any entity in which 

23 such disqualified Officeholder holds, directly or indirectly, 

24 a controlling interest shall be ineligible to— 


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1 (1) receive any Federal funds under any grant 

2 or loan provided or guaranteed by the Federal Gov3 ernment; 

4 (2) be awarded a contract by the Federal Gov5 ernment; 

6 (3) be a subcontractor, at any tier, under such 

7 a contract; or 

8 (4) enter into a cooperative agreement with the 

9 Federal Government. 

10 (h) INSURRECTION OR REBELLION.—Pursuant to 

11 section 5 of the 14th Amendment, for the purposes of sec12 tion 3 of the 14th Amendment the term ‘‘insurrection or 

13 rebellion’’ has the meaning given such term in this section. 

14 (i) DEFINITIONS.—In this Act: 

15 (1) CONTROLLING INTEREST.—The term ‘‘con16 trolling interest’’ means owning, controlling, or hold17 ing not less than 20 percent, by vote or value, of the 

18 outstanding amount of any class of equity interest in 

19 an entity. 

20 (2) DISQUALIFIED OFFICEHOLDER.—The term 

21 ‘‘disqualified Officeholder’’ means an Officeholder 

22 who is found, pursuant to an action brought under 

23 this section, to have engaged in insurrection or re24 bellion and whose disqualification from holding office 


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1 under subsection (c)(1)(A) has not been removed 

2 pursuant to subsection (e). 

3 (3) EQUITY INTEREST.—The term ‘‘equity in4 terest’’ means— 

5 (A) a share in an entity, without regard to 

6 whether the share is— 

7 (i) transferable; or 

8 (ii) classified as stock or anything 

9 similar; 

10 (B) a capital or profit interest in a limited 

11 liability company or partnership; or 

12 (C) a warrant or right, other than a right 

13 to convert, to purchase, sell, or subscribe to a 

14 share or interest described in subparagraph (A) 

15 or (B), respectively. 

16 (4) FEDERAL OFFICE.—The term ‘‘Federal of17 fice’’ means— 

18 (A) the office of the President; 

19 (B) the office of the Vice President; 

20 (C) a Member of Congress; 

21 (D) a Justice of the Supreme Court; 

22 (E) a Federal court judge; 

23 (F) the head of an executive agency (as de24 fined in section 105 of title 5, United States 

25 Code); 


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1 (G) a position in the executive branch to 

2 which an individual must be appointed by the 

3 President with the advice and consent of the 

4 Senate; 

5 (H) a position created by Federal law to 

6 which an individual is appointed by— 

7 (i) an Officeholder holding a Federal 

8 office to which such Officeholder was elect9 ed; or 

10 (ii) an Officeholder who holds a posi11 tion to which an individual must be ap12 pointed by the President with the advice 

13 and consent of the Senate; 

14 (I) a position created by Federal law with 

15 a non-delegable duty assigned to such position 

16 by Federal law; 

17 (J) a position in any level of government 

18 that has the authority to— 

19 (i) create Federal law, including pro20 mulgating rules and regulations or issuing 

21 binding orders; 

22 (ii) provide legally binding interpreta23 tions of such law, judicial order, or any ad24 ministrative order directly reviewable by, 

25 or appealable to, a Federal court; 


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1 (iii) enforce such Federal law, includ2 ing issuance of citations or fines, affecting 

3 custodial arrests, and executing warrants, 

4 if such enforcement is a significant compo5 nent of the duties of the position; 

6 (iv) authorize the obligation or ex7 penditure of Federal funds; or 

8 (v) award or manage compliance with 

9 contracts on behalf of the Federal Govern10 ment; 

11 (K) a position in the Federal Government, 

12 civil or military, for which an individual has, 

13 pursuant to a requirement of law or custom, 

14 taken an oath to the support the Constitution 

15 upon assuming such position; or 

16 (L) a position that supervises a position 

17 described in any of subparagraphs (A) through 

18 (K). 

19 (5) INSURRECTION OR REBELLION.—The term 

20 ‘‘insurrection or rebellion’’ means— 

21 (A) any violent act, or act supported by a 

22 threat of violence, intended to impede any con23 stitutional function of the United States; and 


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1 (B) any attempt or conspiracy to commit, 

2 or incitement of, an act described in subpara3 graph (A). 

4 (6) MEMBER OF CONGRESS.—The term ‘‘Mem5 ber of Congress’’ means Senator or a Representative 

6 in, or Delegate or Resident Commissioner to, the 

7 Congress. 

8 (7) OFFICEHOLDER.—The term ‘‘Officeholder’’ 

9 means any individual who— 

10 (A) holds or previously held a Federal or 

11 State office; 

12 (B) is or was an elector for President of 

13 the United States; or 

14 (C) is or was a member of the armed 

15 forces or national guard (as such terms are de16 fined in section 101 of title 10, United States 

17 Code) and who, as a member, took an oath to 

18 support the Constitution. 

19 (8) STATE.—The term ‘‘State’’ means a States 

20 of the United States, the District of Columbia, and 

21 the territories of the United States. 

22 (9) STATE OFFICE.—The term ‘‘State office’’ 

23 means— 

24 (A) the office of the chief executive of a 

25 State; 


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1 (B) a member of a State legislature; 

2 (C) a Justice or judge of a State court; 

3 (D) the head of state executive agency; 

4 (E) a position created by State law to 

5 which an individual must be elected; 

6 (F) a position in a State government to 

7 which an individual must be appointed by, or 

8 with the consent of, an elected State official of 

9 that State or a body of elected or appointed 

10 State officials of that State; 

11 (G) a position in a State government spe12 cifically created by the law of such State; 

13 (H) a position in any level of government 

14 that has the authority to— 

15 (i) create State law, including promul16 gating rules and regulations or issuing 

17 binding orders; 

18 (ii) provide legally binding interpreta19 tions of such law, judicial order, or any ad20 ministrative order directly reviewable by, 

21 or appealable to, a State court; 

22 (iii) enforce such law, including 

23 issuance of citations or fines, affecting cus24 todial arrests, and executing warrants, if 


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1 such enforcement is a significant compo2 nent of the duties of the position; 

3 (iv) authorize the obligation or ex4 penditure of State funds; or 

5 (v) award or manage compliance with 

6 contracts on behalf of a State; 

7 (I) a position in a State government for 

8 which an individual has, pursuant to a require9 ment of law or custom, taken an oath to the 

10 support the Constitution upon assuming such 

11 position; or 

12 (J) a position that supervises a position 

13 described in any of subparagraphs (A) through 

14 (I). 

15 SEC. 2. FORMER PRESIDENT’S ACT BENEFITS. 

16 Subsection (f) of the Act entitled ‘‘An Act to provide 

17 retirement, clerical assistants, and free mailing privileges 

18 to former Presidents of the United States, and for other 

19 purposes’’, approved August 25, 1958 (commonly known 

20 as the ‘‘Former Presidents Act of 1958’’; 3 U.S.C. 102 

21 note), is amended— 

22 (1) in paragraph (2), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (2) in paragraph (3), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) who is not disqualified pursuant to section 

4 3 of the 14th amendment to the Constitution of the 

5 United States from holding any civilian or military 

6 office of the United States or of any State.’’. 

7 SEC. 3. SEVERABILITY. 

8 If any provision of this Act, or the application thereof 

9 to any person or circumstance, is held invalid, the remain10 der of the Act, and the application of such provision to 

11 other persons or circumstances shall not be affected there12 by. 

Æ 


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