IB 
Union Calendar No. 815 
115TH CONGRESS 
2D SESSION 
H. R. 3608 
[Report No. 115–1048] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Mr. MCCLINTOCK (for himself, Mr. HUIZENGA, Mr. LAMALFA, Mr. JONES, 
Mr. GIANFORTE, and Mr. TIPTON) introduced the following bill; which 
was referred to the Committee on Natural Resources 
NOVEMBER 27, 2018 
Additional sponsors: Mr. BANKS of Indiana, Mr. GOHMERT, Mr. ESTES of 
Kansas, Mr. LUETKEMEYER, Mr. MARSHALL, Mr. MULLIN, Mr. PEARCE, 
Mr. STEWART, Mr. NORMAN, Ms. JENKINS of Kansas, Mr. BIGGS, Mr. 
PERRY, Mr. ROKITA, Mr. MOONEY of West Virginia, Mr. THOMPSON of 
Pennsylvania, Miss GONZA´LEZ-COLO´N of Puerto Rico, and Mr. HUNTER 
NOVEMBER 27, 2018 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To amend the Endangered Species Act of 1973 to require 
publication on the Internet of the basis for determina-
tions that species are endangered species or threatened 
species, and for other purposes. 
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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 
Transparency and Reasonableness Act’’. 
SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE 
BASIS FOR LISTINGS. 
Section 4(b) of the Endangered Species Act (16 
U.S.C. 1533(b)) is amended by adding at the end the fol-
lowing: 
‘‘(9) The Secretary shall make publicly available on 
the Internet the best scientific and commercial data avail-
able that are the basis for each regulation, including each 
proposed regulation, promulgated under subsection (a)(1), 
except that, at the request of a Governor, State agency, 
or legislature of a State, the Secretary shall not make 
available under this paragraph information regarding 
which the State has determined public disclosure is pro-
hibited by a law or regulation of that State, including any 
law or regulation requiring the protection of personal in-
formation; 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 
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to Department of Defense personnel, facilities, lands, or 
waters.’’. 
SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, 
TRIBAL, AND LOCAL INFORMATION. 
(a) REQUIRING DECISIONAL TRANSPARENCY WITH 
AFFECTED STATES.—Section 6(a) of the Endangered 
Species Act of 1973 (16 U.S.C. 1535(a)) is amended— 
(1) by inserting ‘‘(1)’’ before the first sentence; 
and 
(2) by striking ‘‘Such cooperation shall include’’ 
and inserting the following: 
‘‘(2) Such cooperation shall include— 
‘‘(A) before making a determination under 
section 4(a), providing to States affected by 
such determination all data that is the basis of 
the determination; and 
‘‘(B)’’. 
(b) ENSURING USE OF STATE, TRIBAL, AND LOCAL 
INFORMATION.— 
(1) IN GENERAL.—Section 3 of the Endangered 
Species Act of 1973 (16 U.S.C. 1532) is amended— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (21) as paragraphs (3) through (22), 
respectively; and 
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(B) by inserting after paragraph (1) the 
following: 
‘‘(2) The term ‘best scientific and commercial data 
available’ includes all such data submitted by a State, trib-
al, or county government.’’. 
(2) CONFORMING
AMENDMENT.—Section 7(n) 
of such Act (16 U.S.C. 1536(n)) is amended by 
striking ‘‘section 3(13)’’ and inserting ‘‘section 
3(14)’’. 
SEC. 4. 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 
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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); 
‘‘(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); 
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‘‘(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; and 
‘‘(7) any Federal funding used by a person or 
a governmental or nongovernmental entity in bring-
ing a claim in a covered suit. 
‘‘(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. 
‘‘(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, the National Marine 
Fisheries Service, the Bonneville Power Administra-
tion, the Western Area Power Administration, the 
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Southwestern Power Administration, or the South-
eastern Power Administration. 
‘‘(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. 
SEC. 5. AWARD OF LITIGATION COSTS TO PREVAILING PAR-
TIES IN ACCORDANCE WITH EXISTING LAW. 
Section 11(g)(4) of the Endangered Species Act of 
1973 (16 U.S.C. 1540(g)(4)) is amended by striking ‘‘to 
any’’ and all that follows through the end of the sentence 
and inserting ‘‘to any prevailing party in accordance with 
section 2412 of title 28, United States Code.’’. 
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Union Calendar No. 815 
115TH CONGRESS 
2D SESSION 
H. R. 3608 
[Report No. 115–1048] 
A BILL 
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 pur-
poses. 
NOVEMBER 27, 2018 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
23:59 Nov 27, 2018
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PO 00000
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