Preventing Payouts for Insurrectionists Act

Summary of Bill: Preventing Payouts for Insurrectionists Act (S. 4713, 118th Congress)

Purpose and intent

• The bill amends title 28 of the United States Code to prevent monetary payouts to individuals convicted of certain felonies or misdemeanors related to insurrectionist activities.
• Specifically targets claims arising from or relating to coordinated efforts to disrupt U.S. elections or government proceedings, including the January 6, 2021 attack on the U.S. Capitol, as well as actions intended to disrupt the 2020 presidential election and conspiracies related to the 2016 election.
• The overarching aim is to bar or claw back government funding or liability payments to insurrectionists and to deter financially supporting those activities.

Key provisions and changes

1. New subsection added to Section 2680 (the “Sovereign Immunity/FTCA” list of exceptions)

   • Adds subsection (o) with three main elements:
     • (1) Prohibits any claim seeking monetary payment arising from or relating to:
     • the January 6, 2021 attack on the Capitol, or
     • actions taken to disrupt, delay, or impede the joint session certifying the 2020 election results (including seditious conspiracy).
     • or actions intended to disrupt, interfere with, or unlawfully influence the administration of the 2016 presidential election (including conspiracy to defraud the United States).
     • (2) Applies regardless of when the underlying act occurred.
     • (3) Covers individuals convicted of a felony or misdemeanor (including those who were later pardoned).

2. Applicability timing

   • The amendment applies to any claim pending on or after January 20, 2025.

3. Recoupment of funds disbursed to insurrectionists

   • If an individual described in subsection (o) received any monetary payment from the United States (including judgments, settlements, or interest) from January 20, 2025 until enactment, they must return the full amount to the U.S. Treasury.
   • The provision also covers payments disbursed from the Judgment Fund (31 U.S.C. § 1304).

4. Enforcement mechanisms

   • States may initiate civil actions to recover the funds on behalf of the United States.
   • Eligible plaintiffs in such actions include:
     • State attorneys general, acting on behalf of their state, and
     • Individuals who reside in the state or who committed an offense within the state as described in subsection (o).
   • Remedies in these actions require:
     • The return of the full funds owed to the U.S. Treasury, and
     • Damages equal to 25 percent of the amount recovered, payable to the State to cover costs of law enforcement and administration of justice.

Who is affected

• Individuals convicted of felonies or misdemeanors related to:
  • the January 6, 2021 Capitol attack,
  • efforts to disrupt or influence the 2020 presidential election,
  • conspiracies to defraud the United States related to the 2016 election.
• People who received monetary payments from the United States (including judgments or settlements) for actions described above, during the window from January 20, 2025 to enactment.
• State governments, via the power of the state attorney general to sue to recover funds and obtain damages.

Procedural and timeline aspects

• Effective date for applicability: claims arising on or after January 20, 2025.
• Enactment timeline: Introduced in the Senate on June 9, 2026; referred to the Judiciary Committee.
• After enactment, any eligible claims or funds disbursed within the specified window are subject to recoupment.
• Civil enforcement is delegated to state attorneys general, operating in federal district courts, with damages awarded to states.

Potential implications (overview)

• Creates a path to recover public funds paid to individuals convicted of insurrection-related offenses.
• Establishes a disincentive for insurrectionist actions by attaching financial consequences and limiting potential post-incident monetary recoveries.
• Increases coordination between federal and state authorities for enforcement and collection of funds.

Note: This summary focuses on the bill’s substantive provisions, eligibility, timing, and enforcement framework as presented in the text.