[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6075 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6075

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to require payment of costs, fees, and expenses incurred by certain 
prevailing parties in proceedings under such Act from sums received as 
       fines, penalties, and forfeitures, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Tierney (for himself, Mr. Frank of Massachusetts, Mr. Kucinich, Mr. 
 Delahunt, Mr. Jones, and Mr. Courtney) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to require payment of costs, fees, and expenses incurred by certain 
prevailing parties in proceedings under such Act from sums received as 
       fines, penalties, and forfeitures, 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 ``Ensuring Fairness for Fishermen 
Act''.

SEC. 2. PAYMENT OF COSTS, FEES, AND EXPENSES INCURRED BY CERTAIN 
              PREVAILING PARTIES.

    (a) Use of Sums Received as Fines, Penalties, and Forfeitures.--
Section 311(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861(e)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3) and 
        moving such paragraph 2 ems to the left, so that the left 
        margin of such paragraph is aligned with the left margin of 
        such section; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2)(A) Payment shall be made from the sums described in paragraph 
(1) in the case of any amount awarded--
            ``(i) under section 504 of title 5, United States Code, to 
        a prevailing party other than the United States in an 
        adjudication by the Secretary under section 308 of this Act, 
        notwithstanding any provision to the contrary in such section 
        504;
            ``(ii) under section 2412 of title 28, United States Code, 
        to a prevailing party other than the United States--
                    ``(I) in a civil action for review of action by the 
                Secretary in an adjudication under section 308 of this 
                Act, notwithstanding any provision to the contrary in 
                such section 2412; or
                    ``(II) in a civil forfeiture action under section 
                310 of this Act, notwithstanding any provision to the 
                contrary in such section 2412; and
            ``(iii) under subsection (d) of section 309 of this Act to 
        a defendant who is a substantially prevailing party in a 
        criminal action under such section.
    ``(B) If the sums described in paragraph (1) available to the 
Secretary or the Secretary of the Treasury on the date of the award of 
an amount described in subparagraph (A) are not sufficient to pay the 
full amount awarded, payment shall be made under such subparagraph to 
the extent of the availability of such sums, and the remainder of the 
amount shall be paid--
            ``(i) in the case of an award described in clause (i), 
        (ii)(I), or (ii)(II) of such subparagraph, as provided under 
        section 504 of title 5 or section 2412 of title 28, United 
        States Code, as the case may be, without regard to this 
        paragraph; or
            ``(ii) in the case of an award described in clause (iii) of 
        such subparagraph, out of any general appropriation for payment 
        of judgments against the United States.''.
    (b) Attorney Fees of Substantially Prevailing Criminal 
Defendants.--Section 309 of such Act (16 U.S.C. 1859) is amended by 
adding at the end the following new subsection:
    ``(d) Attorney Fees of Substantially Prevailing Defendants.--A 
defendant who is a substantially prevailing party in a criminal action 
under this section may be awarded reasonable attorney fees.''.

SEC. 3. CERTAIN USES OF SUMS RECEIVED AS FINES, PENALTIES, AND 
              FORFEITURES NO LONGER AUTHORIZED.

    (a) In General.--Section 311(e)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861(e)(1)) is amended--
            (1) by striking subparagraph (B);
            (2) by striking subparagraph (C); and
            (3) by striking subparagraph (F).
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subparagraph (D)--
                    (A) by adding ``and'' at the end; and
                    (B) by redesignating such subparagraph as 
                subparagraph (B); and
            (2) in subparagraph (E)--
                    (A) by striking ``; and'' and inserting a period;
                    (B) by redesignating such subparagraph as 
                subparagraph (C); and
                    (C) by moving such subparagraph 2 ems to the left, 
                so that the left margin of such subparagraph is aligned 
                with the left margin of subparagraph (B), as 
                redesignated by paragraph (1)(B).

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, the amendments made 
by this Act take effect on the date of the enactment of this Act.
    (b) Attorney Fees of Substantially Prevailing Criminal 
Defendants.--
            (1) In general.--The amendment made by section 2(b) applies 
        with respect to criminal actions brought on or after the date 
        of the enactment of this Act.
            (2) Payment in case of pre-enactment criminal actions 
        brought after establishment of asset forfeiture fund.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Commerce shall establish a process for making payments 
                from the amount set aside under subparagraph (B) of 
                reasonable attorney fees to defendants who are 
                substantially prevailing parties in criminal actions 
                brought under section 309 of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 
                1859) during the period beginning on November 28, 1990, 
                and ending on the day before the date of the enactment 
                of this Act. Such process shall--
                            (i) require application by a defendant 
                        seeking such a payment; and
                            (ii) provide for the proration of such 
                        payments if the amount so set aside is 
                        insufficient to provide for payment of all such 
                        fees for all such defendants.
                    (B) Funds set aside.--Not later than 180 days after 
                the date of the enactment of this Act, from the sums 
                described in section 311(e)(1) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 
                1861(e)(1)) that the Secretary of Commerce determines 
                are available, the Secretary shall set aside an amount 
                the Secretary considers fair and appropriate to be used 
                for payments under this paragraph.
    (c) Certain Uses of Sums Received as Fines, Penalties, and 
Forfeitures No Longer Authorized.--
            (1) Rewards for provision of information.--The amendment 
        made by section 3(a)(1) does not apply to payment of rewards 
        for information that was provided before the date of the 
        enactment of this Act.
            (2) Investigation and enforcement expenses.--The amendment 
        made by section 3(a)(2) does not apply to payment of expenses 
        incurred before the date of the enactment of this Act.
            (3) Reimbursement to federal and state agencies.--The 
        amendment made by section 3(a)(3) does not apply to payment of 
        reimbursements under agreements entered into before the date of 
        the enactment of this Act.
                                 <all>