I 
113TH CONGRESS 
2D SESSION 
H. R. 4316 
To amend the Endangered Species Act of 1973 to improve the disclosure 
of certain expenditures under that Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2014 
Mrs. LUMMIS (for herself, Mr. HASTINGS of Washington, Mr. AMODEI, Mr. 
BISHOP of Utah, Mr. COLLINS of Georgia, Mr. HARRIS, Mr. HUIZENGA 
of Michigan, Mr. LANKFORD, Mr. LUETKEMEYER, Mr. NEUGEBAUER, 
Mr. SOUTHERLAND, Mr. THOMPSON of Pennsylvania, and Mr. VALADAO) 
introduced the following bill; which was referred to the Committee on 
Natural Resources 
A BILL 
To amend the Endangered Species Act of 1973 to improve 
the disclosure of certain expenditures under that Act, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endangered Species 
Recovery Transparency Act’’. 
VerDate Mar 15 2010 
19:05 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4316.IH
H4316
tkelley on DSK3SPTVN1PROD with BILLS
SEC. 2. DISCLOSURE OF EXPENDITURES UNDER ENDAN-
GERED SPECIES ACT OF 1973. 
(a) REQUIREMENT TO DISCLOSE.—Section 13 of the 
Endangered Species Act of 1973 (87 Stat. 902; relating 
to conforming amendments which have executed) is 
amended to read as follows: 
‘‘SEC. 13. DISCLOSURE OF EXPENDITURES. 
‘‘(a) REQUIREMENT.—The Secretary of the Interior, 
in consultation with the Secretary of Commerce, shall— 
‘‘(1) not later than 90 days after the end of 
each fiscal year, submit to the Committee on Nat-
ural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of 
the Senate an annual report detailing Federal Gov-
ernment expenditures for covered suits during the 
preceding fiscal year (including the information de-
scribed in subsection (b)); and 
‘‘(2) make publicly available through the Inter-
net a searchable database of the information de-
scribed in subsection (b). 
‘‘(b) INCLUDED INFORMATION.—The report shall in-
clude— 
‘‘(1) the case name and number of each covered 
suit, and a hyperlink to the record or decision for 
each covered suit (if available); 
VerDate Mar 15 2010 
19:05 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4316.IH
H4316
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(2) a description of the claims in each covered 
suit; 
‘‘(3) the name of each covered agency whose ac-
tions gave rise to a claim in a covered suit; 
‘‘(4) funds expended by each covered agency 
(disaggregated by agency account) to receive and re-
spond to notices referred to in section 11(g)(2) or to 
prepare for litigation of, litigate, negotiate a settle-
ment agreement or consent decree in, or provide ma-
terial, technical, or other assistance in relation to, a 
covered suit; 
‘‘(5) the number of full-time equivalent employ-
ees that participated in the activities described in 
paragraph (4); and 
‘‘(6) 
attorneys 
fees 
and 
other 
expenses 
(disaggregated by agency account) awarded in cov-
ered suits, including any consent decrees or settle-
ment agreements (regardless of whether a decree or 
settlement agreement is sealed or otherwise subject 
to nondisclosure provisions), including the bases for 
such awards. 
‘‘(c) REQUIREMENT TO PROVIDE INFORMATION.— 
The head of each covered agency shall provide to the Sec-
retary in a timely manner all information requested by the 
Secretary to comply with the requirements of this section. 
VerDate Mar 15 2010 
19:05 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4316.IH
H4316
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(d) 
LIMITATION
ON
DISCLOSURE.—Notwith-
standing any other provision of this section, this section 
shall not affect any restriction in a consent decree or set-
tlement agreement on the disclosure of information that 
is not described in subsection (b). 
‘‘(e) DEFINITIONS.— 
‘‘(1) COVERED
AGENCY.—The term ‘covered 
agency’ means any agency of the Department of the 
Interior, the Forest Service, or the National Marine 
Fisheries Service. 
‘‘(2) COVERED SUIT.—The term ‘covered suit’ 
means any civil action containing a claim against the 
Federal Government, in which the claim arises under 
this Act and is based on the action of a covered 
agency.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of such Act is amended by striking the 
item relating to such section and inserting the following: 
‘‘Sec. 13. Disclosure of expenditures.’’. 
(c) PRIOR AMENDMENTS NOT AFFECTED.—This sec-
tion shall not be construed to affect the amendments made 
by section 13 of such Act, as in effect before the enact-
ment of this Act. 
Æ 
VerDate Mar 15 2010 
19:05 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4316.IH
H4316
tkelley on DSK3SPTVN1PROD with BILLS