In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: 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.
A:
Ensuring Fairness for Fishermen Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures.

Directs the Secretary of Commerce to establish a process for paying attorneys' fees to defendants who are substantially prevailing parties in criminal actions brought under such Act during the period beginning on November 28, 1990, and ending on the day before the date of the enactment of this Act.