[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5341 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5341
To amend the Federal Water Pollution Control Act with respect to
citizen suits and the specification of disposal sites, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
December 6, 2019
Mr. Rice of South Carolina (for himself, Mr. Amodei, Mr. Banks, Mr.
Calvert, Mr. Duncan, Mr. Flores, Mr. Gianforte, Mr. Harris, Mrs.
Hartzler, Mr. Hollingsworth, Mr. Kelly of Mississippi, Mr. Marchant,
Mr. Meadows, Mr. Mooney of West Virginia, Mr. Norman, Mr. Olson, Mr.
Palazzo, Mr. Perry, Mr. Rouzer, Mr. Austin Scott of Georgia, Mr.
Stewart, Mrs. Walorski, Mr. Yoho, Mr. Young, Mr. King of Iowa, Mr.
Budd, Mr. Thompson of Pennsylvania, Mr. Brooks of Alabama, Mr. Gibbs,
Mr. Smith of Nebraska, and Mr. Weber of Texas) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act with respect to
citizen suits and the specification of disposal sites, 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 ``Discouraging Frivolous Lawsuits
Act''.
SEC. 2. CITIZEN SUITS.
(a) Costs of Litigation.--Section 505(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1365(d)) is amended to read as
follows:
``(d) The court, in issuing any final order in any action brought
pursuant to this section, shall award costs of litigation (including
reasonable attorney and expert witness fees) to the prevailing party.
For purposes of this subsection, the prevailing party shall be
considered to be the party, if any, that prevails on more than half of
the claims at issue in the action. The court may, if a temporary
restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance with the Federal
Rules of Civil Procedure.''.
(b) Restriction on Certain Settlements.--Section 505(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1365(c)) is amended by
adding at the end the following:
``(4) Restriction on certain orders and settlements.--A
Federal court may not order, or approve a settlement requiring,
in an action brought pursuant to this section, a governmental
entity to carry out, or otherwise provide for, compensatory
mitigation with respect to a permit applied for by, or issued
to, the entity under section 404 in excess of the requirements
for such mitigation under parts 320, 323, 325, and 332 of title
33, Code of Federal Regulations, and part 230 of title 40, Code
of Federal Regulations.''.
SEC. 3. ELIMINATING DUPLICATIVE OVERSIGHT.
(a) In General.--Section 404(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(c)) is repealed.
(b) Conforming Amendments.--Section 404(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(b)) is amended--
(1) by striking ``Subject to subsection (c) of this
section, each such disposal site'' and inserting ``Each such
disposal site''; and
(2) by striking ``the Administrator, in conjunction with''.
SEC. 4. PROHIBITION ON EXCESS MITIGATION.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended by adding at the end the following:
``(u) No governmental entity may carry out, or otherwise provide
for, compensatory mitigation, with respect to a permit issued to the
entity under this section, in excess of the requirements for such
mitigation under parts 320, 323, 325, and 332 of title 33, Code of
Federal Regulations, and part 230 of title 40, Code of Federal
Regulations.''.
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