Washington, DC – July 21, 2011 — Today, Congressman John Tierney joined his colleagues in introducing the “Asset Forfeiture Fund Reform and Distribution Act of 2011”. This legislation takes an important step toward stemming the tide of unfair and unjust enforcement practices at the National Oceanic and Atmospheric Administration (NOAA) by fundamentally changing the allowable uses of the Asset Forfeiture Fund (AFF). “It is indisputable that the current AFF system lends itself to corruption, a lack of transparency and responsibility and holds a clear conflict of interest,” Congressman Tierney said. “This legislation is the necessary remedy for these pervasive problems and will ensure our fishermen are treated with the fairness and respect they deserve when it comes to enforcement matters. I am committed to working with my colleagues to pass this important legislation.”
This legislation, which builds on the policies first suggested by Congressman Tierney last year in the “Ensuring Fairness for Fisherman Act,” will allow a refund of attorney’s fees from the Asset Forfeiture Fund for victims outlined in the Special Master report. The remaining monies in the AFF and all fines collected through September 30, 2011 (the end of Fiscal Year 2011) will be distributed to NOAA and the states per an 80/20 distribution with 80 percent going to NOAA for stock assessments and 20 percent to the states for research and other purposes. After FY2011, 100 percent of future AFF monies collected will be used only for state research. This will finally end the perverse incentive within NOAA for higher fines.
Finally, this legislation requires NOAA to reassign or hire new Administrative Law Judges (ALJ) in the various Council Regions after a five year period. This provision will ensure that ALJs will be independent arbiters, and not have long term working histories with prosecutors.
A bipartisan group of lawmakers introduced the “Asset Forfeiture Fund Reform and Distribution Act” today including, Congressmen Barney Frank, Walter Jones, Frank Guinta, Ed Markey, Chellie Pingree, Stephen Lynch, Joe Courtney, William Keating, Michael Michaud, Mike McIntyre, Frank Pallone, and James McGovern.