; (B) may not exceed the amount of monetary penalties awarded; and (C) shall be based upon the prevailing market rates in the area in which the violation occurred for the kind and quality of the services furnished. (2) 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. . 2. Diligent prosecution Section 309(g)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1319(g)(6) ) is amended by adding at the end following new subparagraph: (C) Diligent prosecution (i) Diligently prosecuting defined In this paragraph, the term diligently prosecuting includes the issuance of any order made under this section or a State law comparable to this section. (ii) Commencement of diligent prosecution Diligent prosecution commences on the date the proposed order is issued. (iii) Issuance of final order The Administrator or the Secretary shall be considered to be diligently prosecuting an action under this subsection if the Administrator or the Secretary issues a final order before the date that is one year after the date on which such proposed order is issued. . 3. Affirmative defenses Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended by adding at the end the following new subsection: (h) Affirmative defenses (1) In general There shall be no liability under this Act for a person otherwise liable for the unlawful discharge of a pollutant who can establish by a preponderance of the evidence that the immediate cause of the unlawful discharge and any damages was— (A) an act of God; (B) an act of war