I 
119TH CONGRESS 
1ST SESSION H. R. 3845 
To amend the Endangered Species Act of 1973 to expand the exemption 
process under section 7 of that Act with respect to national security 
and significant adverse national or regional economic impacts. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2025 
Mr. GRAY (for himself and Mr. COSTA) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To amend the Endangered Species Act of 1973 to expand 
the exemption process under section 7 of that Act with 
respect to national security and significant adverse na-
tional or regional economic impacts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXPANSION OF EXEMPTION PROCESS UNDER 
SECTION 7 OF ENDANGERED SPECIES ACT OF 
1973. 
Section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) is amended— 
(1) in subsection (g)— 
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(A) in paragraph (1), to read as follows: 
‘‘(1)(A) A Federal agency, the Governor of the 
State in which an agency action will occur, if any, 
or a permit or license applicant may apply to the 
Secretary for an exemption for an agency action of 
such agency if, after consultation under subsection 
(a)(2), the Secretary’s opinion under subsection (b) 
indicates that— 
‘‘(i) the agency action would violate sub-
section (a)(2); or 
‘‘(ii) a modification or reasonable and pru-
dent alternative necessary for the agency action 
to comply with subsection (a)(2) may— 
‘‘(I) impair national security; or 
‘‘(II) result in significant adverse na-
tional or regional economic impacts. 
‘‘(B) An application for an exemption shall be 
considered initially by the Secretary in the manner 
provided for in this subsection, and shall be consid-
ered by the Committee for a final determination 
under subsection (h) after a report is made pursuant 
to paragraph (5). 
‘‘(C) The applicant for an exemption shall be 
referred to as the ‘exemption applicant’ in this sec-
tion.’’; 
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(B) in paragraph (3)— 
(i) in subparagraph (A), to read as 
follows: 
‘‘(A) determine— 
‘‘(i) that the Federal agency concerned and 
the exemption applicant have— 
‘‘(I) carried out the consultation re-
sponsibilities described in subsection (a) in 
good faith and made a reasonable and re-
sponsible effort to develop and fairly con-
sider modifications or reasonable and pru-
dent alternatives to the proposed agency 
action which would not violate subsection 
(a)(2); 
‘‘(II) conducted any biological assess-
ment required by subsection (c); and 
‘‘(III) to the extent determinable with-
in the time provided herein, refrained from 
making any irreversible or irretrievable 
commitment of resources prohibited by 
subsection (d); and 
‘‘(ii) if the exemption applicant submitted 
to the Secretary the application for exemption 
pursuant to paragraph (1)(A)(ii), whether a 
modification or reasonable and prudent alter-
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