text: 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.
target: Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended.
  
  Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act.
  
  Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person.
  
  Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities.
  
  Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund.
feat_title: A bill to strengthen and improve monitoring in the fisheries across the United States and for other purposes.