HR 5341 · 116th Congress 2019–2021, ended

Discouraging Frivolous Lawsuits Act

Introduced Dec 6, 2019 Originated House Sponsor Tom Rice R-SC

Fact sheet Spreadsheet

Latest action · Dec 9, 2019 Referred to the Subcommittee on Water Resources and Environment.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedDec 6, 2019
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Discouraging Frivolous Lawsuits Act

This bill revises requirements concerning (1) citizen suits under the Clean Water Act, (2) permits for wetlands, and (3) wetland mitigation.

Litigation costs (including reasonable attorney and expert witness fees) must be awarded to the prevailing party, thus the bill removes a court's discretion to award the fees. A prevailing party is defined as the party that prevails on more than half of the claims at issue.

In addition, the bill repeals the authority of the Environmental Protection Agency (EPA) to deny or restrict the use of any area as a disposal site for dredged or fill material when the discharge of those materials would have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas.

Finally, the bill revises mitigation requirements. Current law requires compensatory mitigation to replace the loss of aquatic resource functions in a watershed when a permit to discharge dredged or fill materials into navigable waters has unavoidable impacts on aquatic resources. This bill prohibits government entities from carrying out compensatory mitigation in excess of existing regulatory requirements.

Cosponsors 30

Members who signed on, in the order they did. All signed on Dec 6, 2019.

SeatCosponsorSigned on
R-NEAdrian SmithOriginalDec 6, 2019
R-WVAlexander X. MooneyOriginalDec 6, 2019
R-MDAndy HarrisOriginalDec 6, 2019
R-GAAustin ScottOriginalDec 6, 2019
R-TXBill FloresOriginalDec 6, 2019
R-OHBob GibbsOriginalDec 6, 2019
R-UTChris StewartOriginalDec 6, 2019
R-NCDavid RouzerOriginalDec 6, 2019
R-AKDon YoungOriginalDec 6, 2019
R-PAGlenn ThompsonOriginalDec 6, 2019
R-MTGreg GianforteOriginalDec 6, 2019
R-INJackie WalorskiOriginalDec 6, 2019
R-SCJeff DuncanOriginalDec 6, 2019
R-INJim BanksOriginalDec 6, 2019
R-CAKen CalvertOriginalDec 6, 2019
R-TXKenny MarchantOriginalDec 6, 2019
R-NVMark E. AmodeiOriginalDec 6, 2019
R-NCMark MeadowsOriginalDec 6, 2019
R-ALMo BrooksOriginalDec 6, 2019
R-TXPete OlsonOriginalDec 6, 2019
R-SCRalph NormanOriginalDec 6, 2019
R-TXRandy K. Weber, Sr.OriginalDec 6, 2019
R-PAScott PerryOriginalDec 6, 2019
R-IASteve KingOriginalDec 6, 2019
R-MSSteven M. PalazzoOriginalDec 6, 2019
R-NCTed BuddOriginalDec 6, 2019
R-FLTed S. YohoOriginalDec 6, 2019
R-MSTrent KellyOriginalDec 6, 2019
R-INTrey HollingsworthOriginalDec 6, 2019
R-MOVicky HartzlerOriginalDec 6, 2019

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseTransportation and Infrastructure Committee
Referred Dec 6, 2019
Water Resources and Environment Subcommittee
Referred Dec 9, 2019

Actions 3

Everything that happened, newest first.

  1. Dec 9, 2019Referred to the Subcommittee on Water Resources and Environment.
  2. Dec 6, 2019Introduced in House
  3. Dec 6, 2019Referred to the House Committee on Transportation and Infrastructure.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause I: The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 195, December 6, 2019, page H9347.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1179Discouraging Frivolous Lawsuits ActReintroduction ofFeb 17, 2017

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Federal Water Pollution Control Act with respect to citizen suits and the specification of disposal sites, and for other purposes.
Short Title(s) as Introduced
Discouraging Frivolous Lawsuits Act

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 1

Each version as it was printed, newest first.

  1. Dec 6, 2019Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.