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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1312

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

_______________________________________________________________________

                   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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSE.

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

SEC. 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.

SEC. 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.''.

SEC. 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).

SEC. 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.
                                 <all>
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