39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–563 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4315) TO AMEND THE 

ENDANGERED SPECIES ACT OF 1973 TO REQUIRE PUBLICATION ON THE 

INTERNET OF THE BASIS FOR DETERMINATIONS THAT SPECIES ARE ENDANGERED SPECIES OR THREATENED SPECIES, AND FOR OTHER PURPOSES 

JULY 28, 2014.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 693] 

The Committee on Rules, having had under consideration House 

Resolution 693, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4315, the 21st 

Century Endangered Species Transparency Act, under a structured 

rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of 

the Committee on Natural Resources. The resolution waives all 

points of order against consideration of the bill. The resolution 

makes in order as original text for the purpose of amendment an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 113–55 and provides that it shall be considered as read. The resolution waives all points of order against that 

amendment in the nature of a substitute. The resolution makes in 

order only those further amendments printed in this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

The waiver of all points of order against the amendment in the 

nature of a substitute made in order as original text includes a 

waiver of clause 7 of rule XVI, which requires that no motion or 

proposition on a subject different from that under consideration 

shall be admitted under color of amendment. It is important to 

note that while the waiver is necessary, all of the measures contained in Rules Committee Print 113–55 are directly related to the 

Endangered Species Act and have been reported by the Committee 

on Natural Resources. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Hastings, Doc (WA): MANAGER’S AMENDMENT Amends 

Section 2 of the bill to clarify extent of disclosure policy as it relates to State law and to Department of Defense classified information. (10 minutes) 

2. DeFazio (OR): Excludes scientific information published solely 

in internal Interior Department publications from the definition of 

‘‘best available science.’’ (10 minutes) 

3. Holt (NJ), Huffman (CA): Strikes a provision which automatically defines all data submitted by State, County or Tribal governments as the ‘‘best available science,’’ regardless of its merit. (10 

minutes) 

4. Duffy (WI): Requires disclosure of any federal funding used by 

a person or a governmental or non-governmental entity in bringing 

a claim in a covered suit. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, line 13, insert ‘‘, State agency,’’ after ‘‘Governor’’. 

Page 1, strike line 16 and all that follows through the first period 

on line 17 and insert ‘‘determined public disclosure is prohibited by 

a law or regulation of that State, including any law or regulation 

requiring the protection of personal information; and except that 

within 30 days after the date of the enactment of this paragraph, 

the Secretary shall execute an agreement with the Secretary of Defense that prevents the disclosure of classified information pertaining to Department of Defense personnel, facilities, lands, or 

waters.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 1, strike ‘‘The term’’ and insert ‘‘(A) Except as provided in subparagraph (B), the term’’. 


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Page 3, at line 3 strike the closing quotation marks and the second period, and after line 3 insert the following: 

‘‘(B) Such term does not include any data, study, or survey that 

has been published solely in an internal Department of the Interior 

publication.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, line 3, strike ‘‘(a) REQUIRING DECISIONAL TRANSPARENCY

WITH AFFECTED STATES.—’’. 

Beginning at page 2, strike line 16 and all that follows through 

page 3, line 7. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DUFFY OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 22, strike ‘‘and’’. 

Page 5, at line 4 strike the period and insert ‘‘; and’’, and after 

line 4 insert the following: 

‘‘(7) any Federal funding used by a person or a governmental 

or non-governmental entity in bringing a claim in a covered 

suit. 

Æ 


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