[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4085 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4085

To make certain States and political subdivisions of States ineligible 
    to receive Federal financial assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2020

Ms. Ernst (for herself, Mr. Cotton, Mr. McConnell, and Mrs. Blackburn) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To make certain States and political subdivisions of States ineligible 
    to receive Federal financial assistance, 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. SHORT TITLE.

    This Act may be cited as the ``Ending Taxpayer Funding of Anarchy 
Act''.

SEC. 2. INELIGIBILITY FOR FEDERAL FUNDS.

    (a) Definitions.--In this section:
            (1) Anarchist jurisdiction.--The term ``anarchist 
        jurisdiction'' means a State or political subdivision of a 
        State that has a statute, ordinance, policy, or practice in 
        effect that, despite ongoing danger to individuals or property, 
        allows any entity or official of the State or political 
        subdivision of the State to purposefully--
                    (A) abdicate the reserved powers of the State or 
                political subdivision of the State, to be performed by 
                non-governmental actors in a manner that is detrimental 
                to the health, safety, and welfare of the citizens of 
                the State, or political subdivision of the State; and
                    (B) refuse to provide police, fire, or emergency 
                medical services to 1 or more individuals in the State 
                or political subdivision of the State as a consequence 
                of an abdication described in subparagraph (A).
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given the term ``Executive agency'' in section 105 
        of title 5, United States Code.
            (3) Federal financial assistance.--The term ``Federal 
        financial assistance'' has the meaning given the term in 
        section 7501 of title 31, United States Code.
            (4) Non-governmental actor.--The term ``non-governmental 
        actor''--
                    (A) means an individual who--
                            (i) is not an officer, employee, or 
                        contractor of a State or political subdivision 
                        of a State; and
                            (ii) attempts to circumvent the rule of 
                        law; and
                    (B) does not include a nonprofit organization.
            (5) Reserved power.--The term ``reserved power'' means a 
        power--
                    (A) reserved to a State under the Tenth Amendment 
                to the Constitution of the United States;
                    (B) transferred by Congress to the District of 
                Columbia or any territory or possession of the United 
                States; or
                    (C) described in subparagraph (A) or (B) that is 
                delegated to a political subdivision of a State.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the United States 
        Virgin Islands, Guam, American Samoa, and any other territory 
        or possession of the United States.
    (b) Ineligibility.--For fiscal year 2021, and each fiscal year 
thereafter, a State or political subdivision of a State that is an 
anarchist jurisdiction at any time during a fiscal year may not receive 
Federal financial assistance from an executive agency during that 
fiscal year.
    (c) Returned Amounts.--If a State or political subdivision of a 
State that is ineligible to receive Federal financial assistance during 
a fiscal year under subsection (b) receives Federal financial 
assistance during that fiscal year from an executive agency, the head 
of the executive agency shall--
            (1) direct the State or political subdivision of the State 
        to immediately return the Federal financial assistance to the 
        executive agency; and
            (2) reallocate the Federal financial assistance returned 
        under paragraph (1) to States or political subdivisions of 
        States that are not anarchist jurisdictions.
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