Consumer Bounty Act

Consumer Bounty Act - Directs courts to require defendants to pay a minimum of $10,000 to prevailing plaintiffs in civil actions brought under specified citizen suit provisions of: (1) the Toxic Substances Control Act (TSCA); (2) the Surface Mining Control and Reclamation Act of 1977; (3) the Federal Water Pollution Control Act (commonly known as the Clean Water Act); (4) the Safe Drinking Water Act; (5) the Marine Protection, Research, and Sanctuaries Act of 1972; (6) the Noise Control Act of 1972; (7) the Energy Policy and Conservation Act; (8) the Solid Waste Disposal Act; (9) the Clean Air Act; (10) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (11) the Powerplant and Industrial Fuel Use Act of 1978; (12) the Emergency Planning and Community Right-To-Know Act of 1986; (13) the Outer Continental Shelf Lands Act; and (14) pipeline safety laws.

Makes multiple defendants in such actions jointly and severally liable.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6697 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6697

 To amend the citizen suit provisions in several statutes to impose an 
               additional award to prevailing plaintiffs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2012

 Mr. Kucinich introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
     the Judiciary, Transportation and Infrastructure, and Natural 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the citizen suit provisions in several statutes to impose an 
               additional award to prevailing plaintiffs.

    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 Consumer Bounty Act''.

SEC. 2. AMENDMENT TO THE TOXIC SUBSTANCES CONTROL ACT.

    Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is 
amended by adding at the end the following:
    ``(e) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 3. AMENDMENT TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 
              1977.

    Section 520 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1270) is amended by adding at the end the following:
    ``(g) In any civil action brought under this section in which the 
plaintiff or plaintiffs prevail in whole or in part, the court shall 
award the plaintiff or plaintiffs not less than $10,000, to be paid by 
the defendant or defendants against whom the plaintiff or plaintiffs 
prevailed. Multiple plaintiffs shall split the award based on the time 
each plaintiff spent on the case. Multiple defendants are jointly and 
severally liable to the plaintiff or plaintiffs.''.

SEC. 4. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT.

    Section 505 of the Federal Water Pollution Control Act (33 U.S.C. 
1365) is amended by adding at the end the following:
    ``(i) In any civil action brought under this section in which the 
plaintiff or plaintiffs prevail in whole or in part, the court shall 
award the plaintiff or plaintiffs not less than $10,000, to be paid by 
the defendant or defendants against whom the plaintiff or plaintiffs 
prevailed. Multiple plaintiffs shall split the award based on the time 
each plaintiff spent on the case. Multiple defendants are jointly and 
severally liable to the plaintiff or plaintiffs.''.

SEC. 5. AMENDMENT TO THE SAFE DRINKING WATER ACT.

    Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is 
amended by adding at the end the following:
    ``(f) In any civil action brought under this section in which the 
plaintiff or plaintiffs prevail in whole or in part, the court shall 
award the plaintiff or plaintiffs not less than $10,000, to be paid by 
the defendant or defendants against whom the plaintiff or plaintiffs 
prevailed. Multiple plaintiffs shall split the award based on the time 
each plaintiff spent on the case. Multiple defendants are jointly and 
severally liable to the plaintiff or plaintiffs.''.

SEC. 6. AMENDMENT TO THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES 
              ACT OF 1972.

    Section 105(g) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1415(g)) is amended by adding at the end the 
following:
    ``(6) In any civil action brought under this subsection in which 
the plaintiff or plaintiffs prevail in whole or in part, the court 
shall award the plaintiff or plaintiffs not less than $10,000, to be 
paid by the defendant or defendants against whom the plaintiff or 
plaintiffs prevailed. Multiple plaintiffs shall split the award based 
on the time each plaintiff spent on the case. Multiple defendants are 
jointly and severally liable to the plaintiff or plaintiffs.''.

SEC. 7. AMENDMENT TO THE NOISE CONTROL ACT OF 1972.

    Section 12 of the Noise Control Act of 1972 (42 U.S.C. 4911) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) In any civil action brought under this section in which the 
plaintiff or plaintiffs prevail in whole or in part, the court shall 
award the plaintiff or plaintiffs not less than $10,000, to be paid by 
the defendant or defendants against whom the plaintiff or plaintiffs 
prevailed. Multiple plaintiffs shall split the award based on the time 
each plaintiff spent on the case. Multiple defendants are jointly and 
severally liable to the plaintiff or plaintiffs.''.

SEC. 8. AMENDMENT TO THE ENERGY POLICY AND CONSERVATION ACT.

    Section 335 of the Energy Policy and Conservation Act (42 U.S.C. 
6305) is amended by adding at the end the following:
    ``(g) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 9. AMENDMENT TO THE SOLID WASTE DISPOSAL ACT.

    Section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) is 
amended by adding at the end the following:
    ``(h) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 10. AMENDMENT TO THE CLEAN AIR ACT.

    Section 304 of the Clean Air Act (42 U.S.C. 7604) is amended by 
adding at the end the following:
    ``(h) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 11. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
              COMPENSATION, AND LIABILITY ACT OF 1980.

    Section 310 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9659) is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 12. AMENDMENT TO THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 
              1978.

    Section 725 of the Powerplant and Industrial Fuel Use Act of 1978 
(42 U.S.C. 8435) is amended by adding at the end the following:
    ``(f) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.

SEC. 13. AMENDMENT TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
              KNOW ACT OF 1986.

    Section 326(a)(1) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11046(a)(1)) is amended by adding at the 
end the following:
                    ``(E) In any civil action brought under this 
                paragraph in which the plaintiff or plaintiffs prevail 
                in whole or in part, the court shall award the 
                plaintiff or plaintiffs not less than $10,000, to be 
                paid by the defendant or defendants against whom the 
                plaintiff or plaintiffs prevailed. Multiple plaintiffs 
                shall split the award based on the time each plaintiff 
                spent on the case. Multiple defendants are jointly and 
                severally liable to the plaintiff or plaintiffs.''.

SEC. 14. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1349(a)) is amended by adding at the end the following:
    ``(7) In any civil action brought under this section in which the 
plaintiff or plaintiffs prevail in whole or in part, the court shall 
award the plaintiff or plaintiffs not less than $10,000, to be paid by 
the defendant or defendants against whom the plaintiff or plaintiffs 
prevailed. Multiple plaintiffs shall split the award based on the time 
each plaintiff spent on the case. Multiple defendants are jointly and 
severally liable to the plaintiff or plaintiffs.''.

SEC. 15. PIPELINE SAFETY AMENDMENT.

    Section 60121 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Consumer Bounty.--In any civil action brought under this 
section in which the plaintiff or plaintiffs prevail in whole or in 
part, the court shall award the plaintiff or plaintiffs not less than 
$10,000, to be paid by the defendant or defendants against whom the 
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the 
award based on the time each plaintiff spent on the case. Multiple 
defendants are jointly and severally liable to the plaintiff or 
plaintiffs.''.
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