S. 1312

Asset Forfeiture Responsibility Act of 2011

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II

112th CONGRESS

1st Session

S. 1312

IN THE SENATE OF THE UNITED STATES

June 30, 2011

Mr. Brown of Massachusetts introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To strengthen and improve monitoring in the fisheries across the United States and for other purposes.

1.

Short title

This Act may be cited as the Asset Forfeiture Responsibility Act of 2011.

2.

Purpose

The purpose of this Act is to strengthen and improve monitoring in the fisheries across the United States.

3.

Fisheries Investment Fund

(a)

Establishment

There is established in the general fund of the Treasury a separate account, which shall be known as the Fisheries Investment Fund.

(b)

Source of funds

(1)

In general

All sums received by the United States as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce shall be deposited into the Fisheries Investment Fund.

(2)

Availability of funds

Fees deposited in the Fisheries Investment Fund State shall remain available until expended.

(c)

Use of funds

Fees deposited in the Fisheries Investment Fund shall be used—

(1)

subject to subsection (d), to reimburse reasonable attorneys' fees to a covered person; and

(2)

to conduct—

(A)

the audit required by subsection (e);

(B)

enforcement activities as described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5; and

(C)

monitoring activities as described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(l)), as added by section 4.

(d)

Reimbursement of attorneys' fees

(1)

Authority to provide reimbursement

During fiscal years 2012 and 2013, the Secretary of Commerce may reimburse the reasonable attorneys' fees of a covered person pursuant to subsection (c)(1).

(2)

Application

A covered person seeking reimbursement under paragraph (1) shall submit to the Secretary an application for such reimbursement no more than 60 days after the date the Secretary directs a fisheries enforcement penalty be remitted to the covered person.

(3)

Definitions

In this section:

(A)

Covered person

The term covered person means any person—

(i)

that the Secretary of Commerce has directed be remitted a fisheries enforcement penalty at the recommendation of the report of Special Master Swartwood; or

(ii)

that—

(I)

submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty; and

(II)

the Secretary directs to receive such remittance or a portion of such remittance.

(B)

Reasonable attorneys' fees

The term reasonable attorneys' fees means attorneys' fees expended by a covered person—

(i)

seeking remittance of a fisheries enforcement penalty that the Secretary of Commerce directs be remitted to the covered person;

(ii)

that were incurred by the covered person prior to the date that is 60 days after such fisheries enforcement penalty was directed by the Secretary to be remitted to the covered person; and

(iii)

that the Secretary determines are reasonable.

(e)

Audit

For each of the fiscal years 2012, 2013, and 2014, the Secretary of Commerce or the Secretary of the Treasury shall—

(1)

prepare an annual audit plan for the Fisheries Investment Fund;

(2)

submit each such audit plan to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate;

(3)

carry out the audit; and

(4)

submit the final audit results to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate, upon completion.

(f)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to Secretary of Commerce from the Fisheries Investment Fund for each fiscal year beginning with fiscal year 2012—

(A)

for the reimbursement of reasonable attorneys' fees pursuant to subsection (d), the amount necessary to provide such reimbursement;

(B)

for an audit required by subsection (e), the amount necessary to conduct such audit;

(C)

for enforcement activities described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5, an amount that is not more than 33 percent of the total remaining amount in the Fund; and

(D)

for monitoring activities described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855), as added by section 4, the total remaining amount in the Fund less any amount appropriated pursuant to the authorization in subparagraph (C).

(2)

Total remaining amount in the Fund

In this subsection, the term total remaining amount in the Fund means the following:

(A)

For fiscal years 2012, the amount received by the United States in fiscal year 2011 as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce less—

(i)

the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for fiscal year 2012; and

(ii)

the amount necessary to conduct an audit pursuant to paragraph (1)(B) for fiscal year 2012.

(B)

For a fiscal year after 2012, the amount deposited in the Fisheries Investment Fund for the prior fiscal year less—

(i)

the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for the current fiscal year; and

(ii)

the amount necessary to conduct an audit pursuant to paragraph (1)(B) for the current fiscal year.

4.

Use of funds for monitoring

Section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is amended by adding at the end the following new subsection:

(l)

Monitoring activities

(1)

In general

The Secretary may pay from sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 monitoring activities selected by the Councils, including, in order of priority—

(A)

at-sea observers and shoreside monitoring;

(B)

preparing fishery impact statements, as described in section 303(a)(9); and

(C)

other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities.

(2)

Allocation of funds among Councils

For each fiscal year, the sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 and used to carry out monitoring activities under paragraph (1) shall be allocated among the Councils so that the proportion of such sums that a Council receives is equal to the proportion of the sums deposited in such Fund from violations occurring in the area over which that Council exercises fishery management jurisdiction.

.

5.

Use of funds for enforcement

(a)

In general

Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended—

(1)

in paragraph (1)—

(A)

by amendment the material preceding subparagraph (A) to read as follows:

(1)

The Secretary may pay from sums appropriated to the Secretary for enforcement activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011—

; and

(B)

by striking subparagraph (C); and

(2)

in paragraph (2), by moving such paragraph two ems to the left.

(b)

Conforming amendment

Section 311(f) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended by striking paragraph (4).

6.

Effective date

This Act and the amendments made by this Act shall apply with respect to sums received on or after the date of the enactment of this Act.