[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[Extensions of Remarks]
[Page 23334]
[From the U.S. Government Publishing Office, www.gpo.gov]




    INTRODUCTION OF THE TRANSPARENT REPORTING UNDER ESA LISTING ACT

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                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                        Saturday, August 4, 2007

  Mr. MARKEY. Madam Speaker, since 1973, the Endangered Species Act, 
ESA, has been one of our Nation's most important environmental laws. 
For over 30 years, the ESA has been the primary safety net for our 
Nation's species that are facing extinction. And this cornerstone of 
our environmental policy has been a tremendous success. More than 99 
percent of the species that have been listed as threatened or 
endangered have avoided extinction, including iconic animals such as 
the bald eagle, the gray wolf, and the whooping crane.
  Recent reports have surfaced of political interference with the 
science behind Endangered Species Act decisions within the 
administration. It is crucial that we not allow politics to trump 
science in making decisions that can affect whether a species recovers 
or disappears forever. The ESA requires that decisions as to whether a 
species is an endangered or threatened species must be made purely 
based on the science. In addition, while decisions on the designation 
of a critical habitat of a species can include economic considerations, 
they must also be based on science.
  The Transparent Reporting Under ESA Listing Act or, the TRUE Listing 
Act, that I am introducing today would help ensure that the science 
behind these decisions is never compromised by political interference. 
This legislation would require that concurrent with the publication of 
a determination as to whether a species is threatened or endangered or 
the designation of critical habitat, the Secretary of the Interior 
publish a summary statement of the scientific rationale behind the 
decision or revision. Furthermore, the summary statement would include 
the name and title of any executive branch employee or officer who was 
involved in the decision. Publishing this important information will 
help ensure that political appointees not just within the Department of 
Interior but within the entire executive branch are not permitted to 
silently and anonymously interfere with the science behind ESA 
decisions.
  However, this legislation shedding light on the Department of the 
Interior decisionmaking go hand in hand with additional whistleblower 
protections for government employees, such as those contained in H.R. 
985, the Whistleblower Protection Enhancement Act of 2007 that 
overwhelmingly passed the House in March of this year by a vote of 331-
94. As we look to expand the transparency of ESA decisions, we must 
also ensure that those employees at the Fish and Wildlife Service and 
the Department of the Interior who are acting in the best interests of 
the Nation are not subject to reprisal.

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