[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1206 Enrolled Bill (ENR)]
H.R.1206
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To grant the Secretary of the Interior permanent authority to authorize
States to issue electronic duck stamps, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Electronic Duck Stamp Act
of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Actual stamp.--The term ``actual stamp'' means a Federal
migratory-bird hunting and conservation stamp required under the
Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as
the ``Duck Stamp Act''), that is printed on paper and sold through
the means established by the authority of the Secretary immediately
before the date of enactment of this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing system''
means an electronic, computerized licensing system used by a
State fish and wildlife agency to issue hunting, fishing, and
other associated licenses and products.
(B) Inclusion.--The term ``automated licensing system''
includes a point-of-sale, Internet, telephonic system, or other
electronic applications used for a purpose described in
subparagraph (A).
(3) Electronic stamp.--The term ``electronic stamp'' means an
electronic version of an actual stamp that--
(A) is a unique identifier for the individual to whom it is
issued;
(B) can be printed on paper or produced through an
electronic application with the same indicators as the State
endorsement provides;
(C) is issued through a State automated licensing system
that is authorized, under State law and by the Secretary under
this Act, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the
State that issues the electronic stamp; and
(E) is described in the State application approved by the
Secretary under section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.
(a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this Act.
(b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.
SEC. 4. STATE APPLICATION.
(a) Approval of Application Required.--The Secretary may not
authorize a State to issue electronic stamps under this Act unless the
Secretary has received and approved an application submitted by the
State in accordance with this section. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(b) Contents of Application.--The Secretary may not approve a State
application unless the application contains--
(1) a description of the format of the electronic stamp that
the State will issue under this Act, including identifying features
of the licensee that will be specified on the stamp;
(2) a description of any fee the State will charge for issuance
of an electronic stamp;
(3) a description of the process the State will use to account
for and transfer to the Secretary the amounts collected by the
State that are required to be transferred to the Secretary under
the program;
(4) the manner by which the State will transmit electronic
stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will
issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may be
reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--Not later than 30 days before the date on which
the Secretary begins accepting applications under this section, the
Secretary shall publish--
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications; and
(3) criteria for approving applications.
SEC. 5. STATE OBLIGATIONS AND AUTHORITIES.
(a) Delivery of Actual Stamp.--The Secretary shall require that
each individual to whom a State sells an electronic stamp under this
Act shall receive an actual stamp--
(1) by not later than the date on which the electronic stamp
expires under section 6(c); and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
(1) Requirement to transmit.--The Secretary shall require each
State authorized to issue electronic stamps to collect and submit
to the Secretary in accordance with this section--
(A) the first name, last name, and complete mailing address
of each individual that purchases an electronic stamp from the
State;
(B) the face value amount of each electronic stamp sold by
the State; and
(C) the amount of the Federal portion of any fee required
by the agreement for each stamp sold.
(2) Time of transmittal.--The Secretary shall require the
submission under paragraph (1) to be made with respect to sales of
electronic stamps by a State according to the written agreement
between the Secretary and the State agency.
(3) Additional fees not affected.--This section shall not apply
to the State portion of any fee collected by a State under
subsection (c).
(c) Electronic Stamp Issuance Fee.--A State authorized to issue
electronic stamps may charge a reasonable fee to cover costs incurred
by the State and the Department of the Interior in issuing electronic
stamps under this Act, including costs of delivery of actual stamps.
(d) Duplicate Electronic Stamps.--A State authorized to issue
electronic stamps may issue a duplicate electronic stamp to replace an
electronic stamp issued by the State that is lost or damaged.
(e) Limitation on Authority To Require Purchase of State License.--
A State may not require that an individual purchase a State hunting
license as a condition of issuing an electronic stamp under this Act.
SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.
(a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this Act--
(1) to have the same format as any other license, validation,
or privilege the State issues under the automated licensing system
of the State; and
(2) to specify identifying features of the licensee that are
adequate to enable Federal, State, and other law enforcement
officers to identify the holder.
(b) Recognition of Electronic Stamp.--Any electronic stamp issued
by a State under this Act shall, during the effective period of the
electronic stamp--
(1) bestow upon the licensee the same privileges as are
bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory bird
hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in any
other State, in accordance with the laws of the other State
governing that hunting.
(c) Duration.--An electronic stamp issued by a State shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 7. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this Act
may be terminated--
(1) by the Secretary, if the Secretary--
(A) finds that the State has violated any of the terms of
the application of the State approved by the Secretary under
section 4; and
(B) provides to the State written notice of the termination
by not later than the date that is 30 days before the date of
termination; or
(2) by the State, by providing written notice to the Secretary
by not later than the date that is 30 days before the termination
date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.