No Federal Funds for Political Prosecutions Act
No Federal Funds for Political Prosecutions Act would bar the use of certain forfeited federal funds—specifically those available to state or local law enforcement agencies through equitable sharing programs—for investigating or prosecuting top federal political figures. In practice, that means funds or property received under the listed forfeiture authorities (broadly used by state and local agencies) could not be used to pursue cases against the President, Vice President, former President or Vice President, or any presidential candidate. Agencies would be required to certify to the Attorney General that they will comply, and if the Attorney General determines an agency has violated the rule, future transfers of seized assets or proceeds to that agency could be blocked. The term “candidate” is defined using the Federal Election Campaign Act’s definition. Note: The bill’s text cites specific forfeiture authorities and includes some cross-reference language that appears to have a drafting inconsistency in the citation (e.g., “section 511(e) of the Controlled Substances Act” vs. the referenced 21 U.S.C. 811(e)); the intended effect is to restrict equitable sharing funds, but the exact statutory citations may require clarification in committee review.
Key Points
- 1Prohibition on use of equitable sharing funds for political prosecutions: Funds or property received by a state or local law enforcement agency under equitable sharing programs may not be used to investigate or prosecute the President, Vice President, a former President or Vice President, or a presidential candidate.
- 2Governing funding streams: The restriction applies to funds or property obtained under sections tied to forfeiture and equitable sharing, including the Controlled Substances Act forfeiture authorities and related federal forfeiture statutes (including sections cited as 511(e) CSA, 18 U.S.C. 981, and 28 U.S.C. 524).
- 3Certification requirement: Any state or local agency receiving such funds must certify to the Attorney General that it will comply with the prohibition.
- 4Enforcement mechanism: If the Attorney General determines an agency has failed to comply, that agency cannot receive transfers of seized property or proceeds from forfeiture from the federal government (under the same cited statutes) in the future.
- 5Definition of “candidate”: The term is defined by referencing the Federal Election Campaign Act, ensuring that presidential candidates are clearly included in the prohibition.