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-
tives of the United States of America in Congress assembled, 
SECTION 1. INSURRECTION OR REBELLION BY OFFICE-
HOLDERS. 
(a) IN GENERAL.—No Officeholder may engage in 
any insurrection or rebellion. 
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(b) CIVIL ACTION.—The Attorney General of the 
United States may bring a civil action for a declaratory 
judgement and relief described in subsection (c) against 
any Officeholder who engages in insurrection or rebellion, 
including any Officeholder who, after becoming an Office-
holder, engaged in insurrection or rebellion prior to the 
date of the enactment of this Act. 
(c) RELIEF.— 
(1) IN GENERAL.—Notwithstanding any other 
law, an Officeholder that is found pursuant to an ac-
tion brought under this section to have engaged in 
insurrection or rebellion shall be— 
(A) disqualified from holding any Federal 
or State office; 
(B) removed from any Federal or State of-
fice held by such Officeholder; and 
(C) to the extent permitted under the Con-
stitution and except as otherwise provided in 
this subsection, enjoined from receiving any 
payment of an annuity or retirement pay under 
title 5 of the United States Code, protection 
under section 3056 of title 18, United States 
Code, or any other Federal benefit that would 
otherwise be received on the basis of such Of-
ficeholder previously holding a Federal office. 
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(2) SURVIVOR
AND
BENEFICIARY
BENEFITS 
FORFEIT.—Notwithstanding any other law and ex-
cept as otherwise provided in this subsection, no sur-
vivor or beneficiary of a disqualified Officeholder 
may receive any Federal payment or other Federal 
benefit on the basis of such disqualified Officeholder 
previously holding a Federal office. 
(3) REFUND
OF
CONTRIBUTIONS.—For each 
benefit enjoined or forfeit under paragraph (1)(C) or 
(2), the disqualified Officeholder or the survivor or 
beneficiary of such disqualified Officeholder, as ap-
propriate, shall be refunded an amount equal to the 
difference between any amounts such disqualified 
Officeholder paid for or contributed to such benefit 
less the value of such benefit received (if any) prior 
to becoming a disqualified Officeholder. 
(4) APPLICABILITY.—Paragraphs (1)(C) and 
(2) shall apply only with respect to benefits to the 
extent to which an individual becomes vested in or 
entitled to after the date of the enactment of this 
Act. 
(d) PROCEDURE.— 
(1) IN GENERAL.—Any action brought under 
this section shall be heard and determined by a dis-
trict court of three judges in accordance with section 
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2284 of title 28, United States Code. The chief 
judge of the United States court of appeals for each 
circuit shall, to the extent practicable and consistent 
with the avoidance of unnecessary delay, consolidate, 
for all purposes, in one district court within that cir-
cuit, all actions pending in that circuit under this 
section. Any party to an action under this section 
shall be precluded from seeking any consolidation of 
that action other than is provided in this paragraph. 
In selecting the district court in which to consolidate 
such actions, the chief judge shall consider the con-
venience of the parties and witnesses and efficient 
conduct of such actions. Any final order or injunc-
tion of a United States district court that is issued 
pursuant to an action brought under this section 
shall be reviewable by appeal directly to the Supreme 
Court of the United States. Any such appeal shall 
be taken by a notice of appeal filed within 10 days 
after such order is entered; and the jurisdictional 
statement shall be filed within 30 days after such 
order is entered. No stay of an order issued pursu-
ant to an action brought under this section may be 
issued by a single Justice of the Supreme Court. 
(2) EXPEDITED DOCKET.—It shall be the duty 
of a United States district court hearing an action 
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brought under this section and the Supreme Court 
of the United States to advance on the docket and 
to expedite to the greatest possible extent the dis-
position of any such matter. 
(3) FORUM.—Any action brought under this 
section against an Officeholder holding a Federal of-
fice shall be brought in the Federal district court for 
the District of Columbia. 
(4) STANDARD OF EVIDENCE.—With respect to 
any action brought under this section, the Attorney 
General shall demonstrate by clear and convincing 
evidence that an Officeholder has engaged in insur-
rection or rebellion. 
(e) REMOVAL OF DISABILITIES.— 
(1) DISQUALIFICATION
FROM
HOLDING
OF-
FICE.— 
(A) IN
GENERAL.—Congress may, upon 
petition, by a two-thirds vote in each House re-
move the disability described in subsection 
(c)(1)(A). 
(B) PETITION
RULES.—The Senate and 
the House of Representatives shall each estab-
lish rules for the submission and consideration 
of such petitions. 
(2) RESTORATION.— 
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(A) BENEFITS.—Upon the removal of the 
disability of an individual under paragraph 
(1)(A), any benefits lost pursuant to paragraph 
(1)(C) or (2) of subsection (c) with respect to 
such individual shall be restored to the appro-
priate individual, as determined under the laws 
and regulations providing for such benefit, ex-
cept that such benefit shall be reduced by the 
amount paid (if any) under subsection (c)(3) 
with respect to such benefit. 
(B) HONORS
AND
COMMEMORATIONS.— 
Upon the removal of the disability of an indi-
vidual under paragraph (1)(A), any honor or 
commemoration lost and any property renamed 
pursuant to subsection (f) with respect to such 
individual shall be restored to the extend prac-
ticable. 
(C) CONTRACTS, GRANTS, LOANS, AND CO-
OPERATIVE AGREEMENTS.—Upon the removal 
of the disability of an individual under para-
graph (1)(A), any contract, grant, loan, or co-
operative agreement terminated pursuant to 
subsection (g) with respect to such individual 
shall be restored to the extend practicable. 
(f) FEDERAL HONORS AND COMMEMORATIONS.— 
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(1) RESCISSION.— 
(A) IN GENERAL.—Any Federal honor or 
commemoration, including any medal, decora-
tion, or award, awarded to a disqualified Office-
holder shall be rescinded. 
(B) REPAYMENT NOT REQUIRED.—No dis-
qualified Officeholder shall be required to repay 
to the Federal Government any amounts re-
ceived as part of any honor or commemoration 
rescinded under subparagraph (A). 
(2) 
FUTURE
HONORS
AND
COMMEMORA-
TIONS.—A disqualified Officeholder shall be ineli-
gible to receive any Federal honor or commemora-
tion. 
(3) RENAMING.—No Federal building, park, 
award, or other property of the United States may 
be named in honor of a disqualified Officeholder and 
any such property named in honor thereof shall be 
renamed. 
(g) FEDERAL CONTRACTS, GRANTS, LOANS, AND CO-
OPERATIVE AGREEMENTS.—Notwithstanding any other 
law, a disqualified Officeholder and any entity in which 
such disqualified Officeholder holds, directly or indirectly, 
a controlling interest shall be ineligible to— 
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(1) receive any Federal funds under any grant 
or loan provided or guaranteed by the Federal Gov-
ernment; 
(2) be awarded a contract by the Federal Gov-
ernment; 
(3) be a subcontractor, at any tier, under such 
a contract; or 
(4) enter into a cooperative agreement with the 
Federal Government. 
(h) INSURRECTION
OR REBELLION.—Pursuant to 
section 5 of the 14th Amendment, for the purposes of sec-
tion 3 of the 14th Amendment the term ‘‘insurrection or 
rebellion’’ has the meaning given such term in this section. 
(i) DEFINITIONS.—In this Act: 
(1) CONTROLLING INTEREST.—The term ‘‘con-
trolling interest’’ means owning, controlling, or hold-
ing not less than 20 percent, by vote or value, of the 
outstanding amount of any class of equity interest in 
an entity. 
(2) DISQUALIFIED OFFICEHOLDER.—The term 
‘‘disqualified Officeholder’’ means an Officeholder 
who is found, pursuant to an action brought under 
this section, to have engaged in insurrection or re-
bellion and whose disqualification from holding office 
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under subsection (c)(1)(A) has not been removed 
pursuant to subsection (e). 
(3) EQUITY INTEREST.—The term ‘‘equity in-
terest’’ means— 
(A) a share in an entity, without regard to 
whether the share is— 
(i) transferable; or 
(ii) classified as stock or anything 
similar; 
(B) a capital or profit interest in a limited 
liability company or partnership; or 
(C) a warrant or right, other than a right 
to convert, to purchase, sell, or subscribe to a 
share or interest described in subparagraph (A) 
or (B), respectively. 
(4) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means— 
(A) the office of the President; 
(B) the office of the Vice President; 
(C) a Member of Congress; 
(D) a Justice of the Supreme Court; 
(E) a Federal court judge; 
(F) the head of an executive agency (as de-
fined in section 105 of title 5, United States 
Code); 
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(iii) enforce such Federal law, includ-
ing issuance of citations or fines, affecting 
custodial arrests, and executing warrants, 
if such enforcement is a significant compo-
nent of the duties of the position; 
(iv) authorize the obligation or ex-
penditure of Federal funds; or 
(v) award or manage compliance with 
contracts on behalf of the Federal Govern-
ment; 
(K) a position in the Federal Government, 
civil or military, for which an individual has, 
pursuant to a requirement of law or custom, 
taken an oath to the support the Constitution 
upon assuming such position; or 
(L) a position that supervises a position 
described in any of subparagraphs (A) through 
(K). 
(5) INSURRECTION OR REBELLION.—The term 
‘‘insurrection or rebellion’’ means— 
(A) any violent act, or act supported by a 
threat of violence, intended to impede any con-
stitutional function of the United States; and 
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(B) any attempt or conspiracy to commit, 
or incitement of, an act described in subpara-
graph (A). 
(6) MEMBER OF CONGRESS.—The term ‘‘Mem-
ber of Congress’’ means Senator or a Representative 
in, or Delegate or Resident Commissioner to, the 
Congress. 
(7) OFFICEHOLDER.—The term ‘‘Officeholder’’ 
means any individual who— 
(A) holds or previously held a Federal or 
State office; 
(B) is or was an elector for President of 
the United States; or 
(C) is or was a member of the armed 
forces or national guard (as such terms are de-
fined in section 101 of title 10, United States 
Code) and who, as a member, took an oath to 
support the Constitution. 
(8) STATE.—The term ‘‘State’’ means a States 
of the United States, the District of Columbia, and 
the territories of the United States. 
(9) STATE OFFICE.—The term ‘‘State office’’ 
means— 
(A) the office of the chief executive of a 
State; 
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(B) a member of a State legislature; 
(C) a Justice or judge of a State court; 
(D) the head of state executive agency; 
(E) a position created by State law to 
which an individual must be elected; 
(F) a position in a State government to 
which an individual must be appointed by, or 
with the consent of, an elected State official of 
that State or a body of elected or appointed 
State officials of that State; 
(G) a position in a State government spe-
cifically created by the law of such State; 
(H) a position in any level of government 
that has the authority to— 
(i) create State law, including promul-
gating rules and regulations or issuing 
binding orders; 
(ii) provide legally binding interpreta-
tions of such law, judicial order, or any ad-
ministrative order directly reviewable by, 
or appealable to, a State court; 
(iii) 
enforce 
such 
law, 
including 
issuance of citations or fines, affecting cus-
todial arrests, and executing warrants, if 
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such enforcement is a significant compo-
nent of the duties of the position; 
(iv) authorize the obligation or ex-
penditure of State funds; or 
(v) award or manage compliance with 
contracts on behalf of a State; 
(I) a position in a State government for 
which an individual has, pursuant to a require-
ment of law or custom, taken an oath to the 
support the Constitution upon assuming such 
position; or 
(J) a position that supervises a position 
described in any of subparagraphs (A) through 
(I). 
SEC. 2. FORMER PRESIDENT’S ACT BENEFITS. 
Subsection (f) of the Act entitled ‘‘An Act to provide 
retirement, clerical assistants, and free mailing privileges 
to former Presidents of the United States, and for other 
purposes’’, approved August 25, 1958 (commonly known 
as the ‘‘Former Presidents Act of 1958’’; 3 U.S.C. 102 
note), is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following new 
paragraph: 
‘‘(4) who is not disqualified pursuant to section 
3 of the 14th amendment to the Constitution of the 
United States from holding any civilian or military 
office of the United States or of any State.’’. 
SEC. 3. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of the Act, and the application of such provision to 
other persons or circumstances shall not be affected there-
by. 
Æ 
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