I 
118TH CONGRESS 
1ST SESSION 
H. R. 518 
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 
JANUARY 25, 2023 
Mr. MCCLINTOCK (for himself, Mr. BENTZ, Mr. VALADAO, Mr. STAUBER, and 
Mr. JACKSON of Texas) 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 of 2023’’. 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
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— 
‘‘(A) at the request of a Governor, State agen-
cy, or legislature of a State, the Secretary shall not 
make information available under this paragraph if 
such State determines that public disclosure of such 
information is prohibited by a law or regulation of 
such State, including any law or regulation requiring 
the protection of personal information; and 
‘‘(B) within 30 days after the date of the enact-
ment of this paragraph, the Secretary shall execute 
an agreement with the Secretary of Defense that 
prevents the disclosure of classified information per-
taining to Department of Defense personnel, facili-
ties, lands, or waters.’’. 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
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 
(B) by inserting after paragraph (1) the 
following: 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) make publicly available through the inter-
net a searchable database, updated monthly, of the 
information described 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 settlement decisions, 
final decision, consent decrees, stipulations of dis-
missal, releases, interim decisions, motions to dis-
miss, partial motions for summary judgement, or re-
lated final documents; 
‘‘(2) a description of each claim or cause of ac-
tion in each covered suit; 
‘‘(3) the name of each covered agency whose ac-
tions give rise to any claim in a covered suit and 
each plaintiff in such 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; 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) the number of full-time equivalent employ-
ees that participated in the activities described in 
paragraph (4); 
‘‘(6) any information required to be published 
under section 1304 of title 31, United States Code, 
with respect to a covered suit; 
‘‘(7) 
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 
‘‘(8) 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). 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
‘‘(e) DEFINITIONS.— 
‘‘(1) COVERED
AGENCY.—The term ‘covered 
agency’ means any agency of the Department of the 
Interior, the Forest Service, the Environmental Pro-
tection Agency, the National Marine Fisheries Serv-
ice, the Bonneville Power Administration, the West-
ern Area Power Administration, the Southwestern 
Power Administration, or the Southeastern Power 
Administration. 
‘‘(2) COVERED SUIT.—The term ‘covered suit’ 
means— 
‘‘(A) any civil action containing any claim 
arising under this Act against the Federal Gov-
ernment and based on the action of a covered 
agency; and 
‘‘(B) any administrative proceeding under 
which the United States awards fees and other 
expenses to a third party under section 504 of 
title 5, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of such Act is amended by striking the 
item relating to section 13 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 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS
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 ‘‘in accordance with section 2412 of title 28, 
United States Code and section 504 of title 5, United 
States Code.’’. 
Æ 
VerDate Sep 11 2014 
02:17 Feb 06, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H518.IH
H518
kjohnson on DSK79L0C42PROD with BILLS