[House Report 113-563]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-563

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4315) 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

                                _______
                                

   July 28, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 693]

    The Committee on Rules, having had under consideration 
House Resolution 693, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4315, the 
21st Century Endangered Species Transparency Act, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-
55 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 7 of rule XVI, which requires that 
no motion or proposition on a subject different from that under 
consideration shall be admitted under color of amendment. It is 
important to note that while the waiver is necessary, all of 
the measures contained in Rules Committee Print 113-55 are 
directly related to the Endangered Species Act and have been 
reported by the Committee on Natural Resources.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Hastings, Doc (WA): MANAGER'S AMENDMENT Amends Section 2 
of the bill to clarify extent of disclosure policy as it 
relates to State law and to Department of Defense classified 
information. (10 minutes)
    2. DeFazio (OR): Excludes scientific information published 
solely in internal Interior Department publications from the 
definition of ``best available science.'' (10 minutes)
    3. Holt (NJ), Huffman (CA): Strikes a provision which 
automatically defines all data submitted by State, County or 
Tribal governments as the ``best available science,'' 
regardless of its merit. (10 minutes)
    4. Duffy (WI): Requires disclosure of any federal funding 
used by a person or a governmental or non-governmental entity 
in bringing a claim in a covered suit. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Hastings of Washington 
               or His Designee, Debatable for 10 Minutes

  Page 1, line 13, insert ``, State agency,'' after 
``Governor''.
  Page 1, strike line 16 and all that follows through the first 
period on line 17 and insert ``determined public disclosure is 
prohibited by a law or regulation of that State, including any 
law or regulation requiring the protection of personal 
information; 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.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 1, strike ``The term'' and insert ``(A) Except 
as provided in subparagraph (B), the term''.
  Page 3, at line 3 strike the closing quotation marks and the 
second period, and after line 3 insert the following:
  ``(B) Such term does not include any data, study, or survey 
that has been published solely in an internal Department of the 
Interior publication.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 3, strike ``(a) Requiring Decisional 
Transparency With Affected States.--''.
  Beginning at page 2, strike line 16 and all that follows 
through page 3, line 7.
                              ----------                              


 4. An Amendment To Be Offered by Representative Duffy of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 4, line 22, strike ``and''.
  Page 5, at line 4 strike the period and insert ``; and'', and 
after line 4 insert the following:
          ``(7) any Federal funding used by a person or a 
        governmental or non-governmental entity in bringing a 
        claim in a covered suit.

                                  
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