Title: 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.
Policy area: Law

Summary:
This bill establishes penalties for officeholders who engage in insurrection or rebellion against the United States.
The Department of Justice may bring a civil action against officeholders who engage in insurrection or rebellion, including such activity occurring before the date of the bill's enactment. Penalties include disqualification from federal or state office, removal from federal or state office, forfeiture of certain retirement benefits, and rescission of certain honors and commemorations.
However, Congress may, upon a two-thirds vote, restore the ability of an individual to qualify for state or federal office and to receive benefits.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1405 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. INSURRECTION OR REBELLION BY OFFICEHOLDERS.

    (a) In General.--No Officeholder may engage in any insurrection or 
rebellion.
    (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 
Officeholder, 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 action 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 office held 
                by such Officeholder; and
                    (C) to the extent permitted under the Constitution 
                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 Officeholder 
                previously holding a Federal office.
            (2) Survivor and beneficiary benefits forfeit.--
        Notwithstanding any other law and except as otherwise provided 
        in this subsection, no survivor 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 appropriate, 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 district court of three 
        judges in accordance with section 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 circuit, 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 convenience of the parties and witnesses and 
        efficient conduct of such actions. Any final order or 
        injunction 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 
        pursuant 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 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 disposition of any such matter.
            (3) Forum.--Any action brought under this section against 
        an Officeholder holding a Federal office 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 insurrection or rebellion.
    (e) Removal of Disabilities.--
            (1) Disqualification from holding office.--
                    (A) In general.--Congress may, upon petition, by a 
                two-thirds vote in each House remove the disability 
                described in subsection (c)(1)(A).
                    (B) Petition rules.--The Senate and the House of 
                Representatives shall each establish rules for the 
                submission and consideration of such petitions.
            (2) Restoration.--
                    (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 appropriate individual, as determined under the 
                laws and regulations providing for such benefit, except 
                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 individual 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 practicable.
                    (C) Contracts, grants, loans, and cooperative 
                agreements.--Upon the removal of the disability of an 
                individual under paragraph (1)(A), any contract, grant, 
                loan, or cooperative agreement terminated pursuant to 
                subsection (g) with respect to such individual shall be 
                restored to the extend practicable.
    (f) Federal Honors and Commemorations.--
            (1) Rescission.--
                    (A) In general.--Any Federal honor or 
                commemoration, including any medal, decoration, or 
                award, awarded to a disqualified Officeholder shall be 
                rescinded.
                    (B) Repayment not required.--No disqualified 
                Officeholder shall be required to repay to the Federal 
                Government any amounts received as part of any honor or 
                commemoration rescinded under subparagraph (A).
            (2) Future honors and commemorations.--A disqualified 
        Officeholder shall be ineligible to receive any Federal honor 
        or commemoration.
            (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 Cooperative 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--
            (1) receive any Federal funds under any grant or loan 
        provided or guaranteed by the Federal Government;
            (2) be awarded a contract by the Federal Government;
            (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 section 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 ``controlling 
        interest'' means owning, controlling, or holding 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 rebellion and whose disqualification from 
        holding office under subsection (c)(1)(A) has not been removed 
        pursuant to subsection (e).
            (3) Equity interest.--The term ``equity interest'' 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 office'' 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 defined in 
                section 105 of title 5, United States Code);
                    (G) a position in the executive branch to which an 
                individual must be appointed by the President with the 
                advice and consent of the Senate;
                    (H) a position created by Federal law to which an 
                individual is appointed by--
                            (i) an Officeholder holding a Federal 
                        office to which such Officeholder was elected; 
                        or
                            (ii) an Officeholder who holds a position 
                        to which an individual must be appointed by the 
                        President with the advice and consent of the 
                        Senate;
                    (I) a position created by Federal law with a non-
                delegable duty assigned to such position by Federal 
                law;
                    (J) a position in any level of government that has 
                the authority to--
                            (i) create Federal law, including 
                        promulgating rules and regulations or issuing 
                        binding orders;
                            (ii) provide legally binding 
                        interpretations of such law, judicial order, or 
                        any administrative order directly reviewable 
                        by, or appealable to, a Federal court;
                            (iii) enforce such Federal law, including 
                        issuance of citations or fines, affecting 
                        custodial arrests, and executing warrants, if 
                        such enforcement is a significant component of 
                        the duties of the position;
                            (iv) authorize the obligation or 
                        expenditure of Federal funds; or
                            (v) award or manage compliance with 
                        contracts on behalf of the Federal Government;
                    (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 constitutional 
                function of the United States; and
                    (B) any attempt or conspiracy to commit, or 
                incitement of, an act described in subparagraph (A).
            (6) Member of congress.--The term ``Member 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 defined 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;
                    (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 specifically 
                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 
                        promulgating rules and regulations or issuing 
                        binding orders;
                            (ii) provide legally binding 
                        interpretations of such law, judicial order, or 
                        any administrative order directly reviewable 
                        by, or appealable to, a State court;
                            (iii) enforce such law, including issuance 
                        of citations or fines, affecting custodial 
                        arrests, and executing warrants, if such 
                        enforcement is a significant component of the 
                        duties of the position;
                            (iv) authorize the obligation or 
                        expenditure 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 requirement 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
            (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 remainder of the Act, and 
the application of such provision to other persons or circumstances 
shall not be affected thereby.
                                 <all>