Ending Taxpayer Funding of Anarchy Act

II 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. BLACK- BURN) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ending Taxpayer 4 Funding of Anarchy Act’’. 5 SEC. 2. INELIGIBILITY FOR FEDERAL FUNDS. 6 (a) DEFINITIONS.—In this section: 7 (1) ANARCHIST JURISDICTION.—The term ‘‘an- 8 archist jurisdiction’’ means a State or political sub- 9 VerDate Sep 11 2014 07:31 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4085.IS S4085 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4085 IS division of a State that has a statute, ordinance, pol- 1 icy, or practice in effect that, despite ongoing danger 2 to individuals or property, allows any entity or offi- 3 cial of the State or political subdivision of the State 4 to purposefully— 5 (A) abdicate the reserved powers of the 6 State or political subdivision of the State, to be 7 performed by non-governmental actors in a 8 manner that is detrimental to the health, safe- 9 ty, and welfare of the citizens of the State, or 10 political subdivision of the State; and 11 (B) refuse to provide police, fire, or emer- 12 gency medical services to 1 or more individuals 13 in the State or political subdivision of the State 14 as a consequence of an abdication described in 15 subparagraph (A). 16 (2) EXECUTIVE AGENCY.—The term ‘‘executive 17 agency’’ has the meaning given the term ‘‘Executive 18 agency’’ in section 105 of title 5, United States 19 Code. 20 (3) FEDERAL FINANCIAL ASSISTANCE.—The 21 term ‘‘Federal financial assistance’’ has the meaning 22 given the term in section 7501 of title 31, United 23 States Code. 24 VerDate Sep 11 2014 07:31 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4085.IS S4085 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4085 IS (4) NON-GOVERNMENTAL ACTOR.—The term 1 ‘‘non-governmental actor’’— 2 (A) means an individual who— 3 (i) is not an officer, employee, or con- 4 tractor of a State or political subdivision of 5 a State; and 6 (ii) attempts to circumvent the rule of 7 law; and 8 (B) does not include a nonprofit organiza- 9 tion. 10 (5) RESERVED POWER.—The term ‘‘reserved 11 power’’ means a power— 12 (A) reserved to a State under the Tenth 13 Amendment to the Constitution of the United 14 States; 15 (B) transferred by Congress to the District 16 of Columbia or any territory or possession of 17 the United States; or 18 (C) described in subparagraph (A) or (B) 19 that is delegated to a political subdivision of a 20 State. 21 (6) STATE.—The term ‘‘State’’ means any 22 State of the United States, the District of Columbia, 23 the Commonwealth of Puerto Rico, the Northern 24 Mariana Islands, the United States Virgin Islands, 25 VerDate Sep 11 2014 07:31 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4085.IS S4085 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4085 IS Guam, American Samoa, and any other territory or 1 possession of the United States. 2 (b) INELIGIBILITY.—For fiscal year 2021, and each 3 fiscal year thereafter, a State or political subdivision of 4 a State that is an anarchist jurisdiction at any time during 5 a fiscal year may not receive Federal financial assistance 6 from an executive agency during that fiscal year. 7 (c) RETURNED AMOUNTS.—If a State or political 8 subdivision of a State that is ineligible to receive Federal 9 financial assistance during a fiscal year under subsection 10 (b) receives Federal financial assistance during that fiscal 11 year from an executive agency, the head of the executive 12 agency shall— 13 (1) direct the State or political subdivision of 14 the State to immediately return the Federal finan- 15 cial assistance to the executive agency; and 16 (2) reallocate the Federal financial assistance 17 returned under paragraph (1) to States or political 18 subdivisions of States that are not anarchist juris- 19 dictions. 20 Æ VerDate Sep 11 2014 07:31 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4085.IS S4085 kjohnson on DSK79L0C42PROD with BILLS