[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Pages S4061-S4062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2367. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction,

[[Page S4062]]

and for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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.
                                 ______