[Congressional Record Volume 158, Number 9 (Monday, January 23, 2012)]
[House]
[Pages H88-H90]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1610
              PERMANENT ELECTRONIC DUCK STAMP ACT OF 2011

  Mr. WITTMAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3117) to grant the Secretary of the Interior permanent 
authority to authorize States to issue electronic duck stamps, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3117

       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 2011''.

     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

[[Page H89]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Wittman) and the gentleman from the Northern Mariana 
Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. WITTMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. WITTMAN. Madam Speaker, I yield myself such time as I may 
consume.
  In 1934, the Congress enacted the Migratory Bird Hunting Stamp Act. 
This law required hunters to purchase a Federal duck stamp in order to 
hunt migratory waterfowl. Proceeds from the sale of these stamps have 
been used to preserve vital wetlands and waterfowl habitats across the 
country. Every year, hunters, bird watchers, and stamp collectors visit 
the post office, National Wildlife Refuge, or sporting goods store to 
purchase their duck stamp.
  For the past 4 years, eight States have participated in an electronic 
duck stamp pilot program. Instead of having to visit a bricks-and-
mortar store, hunters and collectors could purchase the duck stamp 
online. By all accounts, the program has been a tremendous success. 
Many Americans have enjoyed the convenience of buying a Federal duck 
stamp over the Internet.
  I'm the author of this legislation and would like to see that it 
continues to allow hunters to electronically purchase the annual 
Federal duck stamp required to hunt migratory waterfowl. It is time to 
make this permanent feature a Federal law for a more efficient and 
faster process. Similar technology is already embraced by States that 
allow sportsmen to obtain their hunting and fishing licenses online.
  And, by the way, many States who require a duck stamp also allow 
their hunters to purchase the duck stamp online. And as I have spoken 
with a number of hunters, they also indicate an interest to be able to 
do this. And especially hunters that may, at the last minute, decide to 
want to pursue a hunting activity the next day, if they are not in the 
area where a post office is open, then they are not able to enjoy a day 
on the water hunting waterfowl.
  As a member of the Migratory Bird Conservation Commission and an avid 
waterfowl hunter, I am proud to sponsor this legislation to modernize 
the distribution of the Federal duck stamp program without burdening 
the taxpayer.
  I want to compliment the lead cosponsor of this bill, Congressman Ron 
Kind from Wisconsin, for his leadership, his commitment, and his 
passion on sportsmen's issues and waterfowl conservation. Anybody who 
knows Representative Kind knows how strongly he feels about this. He 
has worked on this issue for a number of years, and I thank him for 
those ongoing efforts.
  H.R. 3117 is supported by the Congressional Sportsmen's Foundation 
and Ducks Unlimited.
  I urge support for this bill, and I reserve the balance of my time.
  Mr. SABLAN. Madam Speaker, I yield myself such time as I may consume.
  (Mr. SABLAN asked and was given permission to revise and extend his 
remarks.)
  Mr. SABLAN. Madam Speaker, I rise in strong support of H.R. 3117, 
which would allow the Secretary of the Interior to continue sale of 
electronic duck stamps and expands the program to include all 50 
States.
  The Migratory Bird Hunting and Conservation Stamp, commonly called 
the ``duck stamp,'' must be purchased and carried by all waterfowl 
hunters 16 years and older when hunting migratory waterfowl on both 
public and private land. Ninety-eight cents of every dollar generated 
by the sales of the duck stamp goes to purchase or lease wetland 
habitat for the National Wildlife Refuge System, which benefits 
migratory waterfowl.
  In some rural areas, purchasing duck stamps can be difficult, with 
hunters having to wait a significant amount of time to receive their 
official duck stamp. Electronic stamps come with a unique identifying 
number that serves as a proof of purchase and allows hunters to hunt 
for 45 days until the actual stamp arrives via the postal service.
  In October, at the hearing on H.R. 3117, the Fish and Wildlife 
Service supported the bill's intent to continue the electronic duck 
stamp program.
  I commend my colleagues, Congressman Wittman and Congressman Ron 
Kind, for introducing this bill and for their leadership on this issue.
  I have no additional speakers, and I yield back the balance of my 
time.
  Mr. WITTMAN. With that, Madam Speaker, we have no further speakers, 
and I also yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Wittman) that the House suspend the rules 
and pass the bill, H.R. 3117, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WITTMAN. Madam Speaker, on that I demand the yeas and nays.

[[Page H90]]

  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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