‘‘(2) The term ‘best scientific and commercial data 
available’ includes all such data submitted by a State, 
Tribal, 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 
preceding fiscal year (including the information de-
scribed in subsection (b)); and 
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‘‘(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); 
‘‘(6) attorneys fees and other expenses (disag-
gregated by agency account) awarded in covered 
suits, including any consent decrees or settlement 
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agreements (regardless of whether a decree or settle-
ment 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.—Notwithstand-
ing any other provision of this section, this section shall 
not affect any restriction in a consent decree or settlement 
agreement on the disclosure of information that is not de-
scribed 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 
Southwestern Power Administration, or the South-
eastern Power Administration. 
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‘‘(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.’’. 
Æ 
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