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