No Federal Funds for Political Prosecutions Act
- Bill Number
- H.R. 118
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-02-06T15:18:08Z
AI-Generated Summary
Purpose
The "No Federal Funds for Political Prosecutions Act" (H.R. 118) aims to restrict how certain federal funds obtained through asset forfeiture programs can be used by state or local law enforcement agencies. Specifically, it prevents these agencies from using such funds to investigate or prosecute the President, Vice President, former holders of those offices, or candidates for President, in order to avoid the use of federal resources in what the bill frames as politically motivated actions.
Key Provisions
- Prohibition on Fund Usage: State or local law enforcement agencies with the power to prosecute criminal cases cannot use funds or property received through "equitable sharing" (a program where federal agencies share forfeited assets from drug and other crimes with local partners) to investigate or prosecute the current or former President or Vice President, or a presidential candidate.
- These funds come from specific federal laws: section 511(e) of the Controlled Substances Act (related to drug-related forfeitures), section 981 of title 18 U.S. Code (civil forfeiture for various crimes), and section 524 of title 28 U.S. Code (Department of Justice asset forfeiture fund).
- Certification Requirement: Affected agencies must certify to the U.S. Attorney General that they will follow this prohibition.
- Disqualification for Non-Compliance: If the Attorney General finds an agency in violation, it becomes ineligible to receive future shared forfeited property or proceeds from its sale.
- Definition of "Candidate": The term refers to anyone seeking nomination or election for President, as defined under the Federal Election Campaign Act (a law regulating campaign finance and elections).
Significant Changes to Existing Law
- This bill introduces new limitations on the use of federally shared forfeiture funds, which previously had fewer restrictions on how state and local agencies could spend them.
- It adds a certification and enforcement mechanism through the Attorney General, potentially reducing the flexibility of equitable sharing programs that allow local agencies to receive up to 80% of forfeited assets in some cases.
- No broader changes to federal forfeiture laws are made, but it targets a subset of funds for a narrow set of prohibited activities.
Potential Impacts
- On Government Agencies: State and local law enforcement agencies reliant on equitable sharing (which can provide millions in funding annually) may face reduced resources if they cannot certify compliance, potentially straining budgets for general operations. The Department of Justice and Attorney General gain oversight authority to enforce the rules, which could increase administrative workload.
- On Citizens: Limits the ability of state prosecutors to use federal funds in high-profile cases involving political figures, possibly affecting public accountability for alleged crimes by national leaders. Everyday citizens involved in forfeiture cases (e.g., as victims or claimants) are unlikely to be directly impacted.
- On International Relations: No apparent effects, as the bill focuses on domestic law enforcement funding and prosecutions.
Main Stakeholders Affected
- State and Local Law Enforcement Agencies: Primary recipients of shared funds; they must comply or risk losing access.
- U.S. Attorney General and Department of Justice: Responsible for certification reviews, enforcement, and managing forfeiture programs.
- Political Figures: Current and former Presidents, Vice Presidents, and presidential candidates benefit from protection against state-level investigations funded by these sources.
- Federal Lawmakers and Oversight Committees: The bill was referred to the House Judiciary and Energy and Commerce Committees, indicating their role in potential amendments or approval.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill could complicate state prosecutorial independence by tying funding to federal compliance, potentially leading to challenges under the Tenth Amendment (which reserves powers to states). It may also raise questions about selective enforcement in forfeiture laws, which have faced criticism for disproportionately affecting lower-income communities.
- Constitutional Implications: By shielding high-level federal officials from state prosecutions funded by federal programs, it might intersect with separation of powers principles or equal protection under the law, though it does not alter federal immunity doctrines (e.g., for sitting Presidents).
- Political Implications: The legislation could be seen as safeguarding against perceived partisan misuse of law enforcement, but it might also invite debate over politicizing federal funds or creating undue protections for political elites, especially given its introduction in a polarized Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- No Federal Funds for Political Prosecutions Act — issued 2025-01-03 — PDF (3 pages)