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. 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Taxpayer 

5 Funding of Anarchy Act’’. 

6 SEC. 2. INELIGIBILITY FOR FEDERAL FUNDS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ANARCHIST JURISDICTION.—The term ‘‘an9 archist jurisdiction’’ means a State or political subVerDate Sep 11 2014 07:31 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4085.IS S4085

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1 division of a State that has a statute, ordinance, pol2 icy, or practice in effect that, despite ongoing danger 

3 to individuals or property, allows any entity or offi4 cial of the State or political subdivision of the State 

5 to purposefully— 

6 (A) abdicate the reserved powers of the 

7 State or political subdivision of the State, to be 

8 performed by non-governmental actors in a 

9 manner that is detrimental to the health, safe10 ty, and welfare of the citizens of the State, or 

11 political subdivision of the State; and 

12 (B) refuse to provide police, fire, or emer13 gency medical services to 1 or more individuals 

14 in the State or political subdivision of the State 

15 as a consequence of an abdication described in 

16 subparagraph (A). 

17 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

18 agency’’ has the meaning given the term ‘‘Executive 

19 agency’’ in section 105 of title 5, United States 

20 Code. 

21 (3) FEDERAL FINANCIAL ASSISTANCE.—The 

22 term ‘‘Federal financial assistance’’ has the meaning 

23 given the term in section 7501 of title 31, United 

24 States Code. 


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1 (4) NON-GOVERNMENTAL ACTOR.—The term 

2 ‘‘non-governmental actor’’— 

3 (A) means an individual who— 

4 (i) is not an officer, employee, or con5 tractor of a State or political subdivision of 

6 a State; and 

7 (ii) attempts to circumvent the rule of 

8 law; and 

9 (B) does not include a nonprofit organiza10 tion. 

11 (5) RESERVED POWER.—The term ‘‘reserved 

12 power’’ means a power— 

13 (A) reserved to a State under the Tenth 

14 Amendment to the Constitution of the United 

15 States; 

16 (B) transferred by Congress to the District 

17 of Columbia or any territory or possession of 

18 the United States; or 

19 (C) described in subparagraph (A) or (B) 

20 that is delegated to a political subdivision of a 

21 State. 

22 (6) STATE.—The term ‘‘State’’ means any 

23 State of the United States, the District of Columbia, 

24 the Commonwealth of Puerto Rico, the Northern 

25 Mariana Islands, the United States Virgin Islands, 


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1 Guam, American Samoa, and any other territory or 

2 possession of the United States. 

3 (b) INELIGIBILITY.—For fiscal year 2021, and each 

4 fiscal year thereafter, a State or political subdivision of 

5 a State that is an anarchist jurisdiction at any time during 

6 a fiscal year may not receive Federal financial assistance 

7 from an executive agency during that fiscal year. 

8 (c) RETURNED AMOUNTS.—If a State or political 

9 subdivision of a State that is ineligible to receive Federal 

10 financial assistance during a fiscal year under subsection 

11 (b) receives Federal financial assistance during that fiscal 

12 year from an executive agency, the head of the executive 

13 agency shall— 

14 (1) direct the State or political subdivision of 

15 the State to immediately return the Federal finan16 cial assistance to the executive agency; and 

17 (2) reallocate the Federal financial assistance 

18 returned under paragraph (1) to States or political 

19 subdivisions of States that are not anarchist juris20 dictions. 

Æ 


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