I 
115TH CONGRESS 
1ST SESSION H. R. 3608 
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 
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. 
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’’. 
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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 
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— 
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(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 
(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 
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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 
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— 
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