[Congressional Record Volume 163, Number 36 (Wednesday, March 1, 2017)]
[Extensions of Remarks]
[Page E263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





  INTRODUCTION OF THE 21ST CENTURY ENDANGERED SPECIES TRANSPARENCY ACT

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                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                        Wednesday, March 1, 2017

  Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce legislation to 
bring more transparency in federal decision-making to the Endangered 
Species Act of 1973 (ESA). Under existing law, federal agencies are not 
required to make publicly available the information and other data 
acquired from studies for proposed ESA listing determinations. These 
agencies are not required to submit a reference list of the studies 
used in the proposed regulation listing that is published in the 
Federal Register, nor are they required to provide complete citations 
to studies for any proposed ESA listings. The 21st Century Endangered 
Species Transparency Act simply requires the data collected and 
utilized by federal agencies for ESA listing decisions to be made 
publicly available on the Internet. This is a straightforward, 
transparent update that will bring this outdated law into the 2lst 
Century.
  The ESA became law long before our modern day technological advances, 
which have provided instant access to information and data online. 
Providing the factual data behind listing decisions will further the 
cause of open, transparent, and accountable government. Independent 
analysis and verification of underlying data used for these decisions 
will only strengthen the fundamental purpose of the ESA, to keep our 
native plants and animals from the danger of extinction, while ensuring 
listing decisions are based on sound science. By making this simple 
change to the ESA, we can ensure federal agencies are relying solely 
upon the best available scientific and commercial data, and not on 
unpublished studies or opinions.
  This legislation also includes important protections for matters of 
privacy. The bill requires the scientific and commercial data used for 
the basis of proposed listings to be made publicly available, so long 
as it protects state data privacy laws and importantly, the rights to 
privacy for individuals and property owners.
  With today's advanced access to instant information at the tip of 
your fingers, all citizens have the right to the information federal 
agencies use to propose rules and regulations. This bill will further 
advance transparency in agency rulemakings and listing determinations, 
and is a simple, straightforward update to the existing law. I ask my 
colleagues to join me in supporting the 21st Century Endangered Species 
Transparency Act.

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