[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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