Congressional Record, Volume 159 Issue 76 (Monday, June 3, 2013)

[Congressional Record Volume 159, Number 76 (Monday, June 3, 2013)]
[House]
[Pages H2994-H2996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PERMANENT ELECTRONIC DUCK STAMP ACT OF 2013

Mr. WITTMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1206) to grant the Secretary of the Interior permanent
authority to authorize States to issue electronic duck stamps, and for
other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1206

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).

[[Page H2995]]

(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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Wittman) and the gentlewoman from California (Mrs.
Napolitano) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.

General Leave

Mr. WITTMAN. Mr. 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. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation, which I sponsored, would make
permanent the ability of a migratory waterfowl hunter to electronically
purchase their annual Federal duck stamp.
For the past 6 years, eight States have participated in a pilot
effort, and by all accounts this program has been a huge success. Many
Americans have been able to enjoy the convenience of using their own
personal computer to purchase a Federal duck stamp online and in some
cases to obtain that required document the evening before a duck hunt.
Mr. Speaker, I can tell you from experience and knowing that people
want that opportunity, that that timeliness is a factor in people being
able to enjoy waterfowl hunting.
In August 2011, the U.S. Fish and Wildlife Service submitted a report
to Congress which stipulated that the E-Duck stamp program has proven
to be a practical method that is readily accepted by the stamp-buying
public. E-stamps now account for more than 20 percent of all duck stamp
sales, which demonstrates widespread acceptance of this sales option.
As vice chair of the Congressional Sportsmen's Caucus, I can proudly
say that this legislation is important to waterfowl hunters across the
country. H.R. 1206 is supported by the Congressional Sportsmen's
Foundation and Ducks Unlimited. I would also like to thank and
acknowledge Representative Ron Kind as an original cosponsor of this
bill. The gentleman from Wisconsin is a dedicated conservationist, an
avid outdoorsman, and a longtime supporter and friend to sportsmen.
There is no cost to the taxpayers, and there is broad bipartisan
support for this innovative idea, and this convenient 21st-century
delivery system will be utilized by thousands of American sportsmen in
the future.
Allowing the purchase of duck stamps online is an important
technological advancement, and it is time to make this a permanent
feature of Federal law. During the last Congress, an identical bill
passed the House by a

[[Page H2996]]

vote of 373-1. I urge adoption of this measure.
I reserve the balance of my time.
Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. NAPOLITANO asked and was given permission to revise and extend
her remarks.)
Mrs. NAPOLITANO. Mr. Speaker, H.R. 1206 would allow the Secretary of
the Interior to continue the sale of electronic duck stamps and also
expands the program to include all of our 50 States.
The Migratory Bird Hunting and Conservation Stamp, commonly known and
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 these
stamps go to purchase or lease wetland habitat for the National
Wildlife Refuge system, which benefits waterfowl. In some rural areas,
purchasing the duck stamp can be very difficult. Often, hunters have to
wait a significant amount of time to receive their official duck stamp,
so utilizing the system of electronic duck stamp producing would
eliminate the wait by issuing an electronic stamp with a unique
identifying number to serve as a proof of purchase. Hunters can hunt
and use the electronic stamp for 45 days until the actual duck stamp
arrives via the postal service.
This is a worthwhile piece of legislation, and I reserve the balance
of my time.
Mr. WITTMAN. Mr. Speaker, may I inquire if the minority has any more
speakers.
Mrs. NAPOLITANO. No, sir, not on this bill.
Mr. WITTMAN. With that, Mr. Speaker, I yield back the balance of my
time.
Mrs. NAPOLITANO. I yield back the balance of my time, sir.
Mr. KIND. Mr. Speaker, I rise today to show my strong support for the
Permanent Electronic Duck Stamp Act of 2013, H.R. 1206. I want to thank
my coauthor and friend, Rob Wittman, for his dedication to getting this
important legislation passed. In the 109th Congress, I authored
legislation that created a pilot program for selling duck stamps
electronically. The legislation passed with wide bipartisan support and
the Electronic Duck Stamp program went on to become one of the most
successful conservation programs in our history.
Since the beginning of duck stamp sales in 1934, the stamps have
generated more than $750 million used to purchase more than 5.3 million
acres of waterfowl habitat. In Wisconsin alone, 6.78 million duck
stamps have been sold thereby conserving numerous acres for waterfowl,
birds, reptiles, mammals, fish, and amphibians. In addition to the
benefits of conservation for wildlife, the habitats preserved give
hunters and nature enthusiasts places to enjoy hiking, hunting, and
animals watching. Additionally, these wetlands naturally purify water
supplies, keep flood lands, and help decrease soil erosion.
The Electronic Duck Stamp is terribly important to the district I
represent in Wisconsin, which is home to three wildlife refuges. Almost
the entire west side of my district is a refuge--the Upper Mississippi
River Wildlife & Fish Refuge which is visited by 4 million people every
year, more than Yellowstone. I want to urge my colleagues to support
this commonsense yet vital legislation. I look forward to working
toward getting this bill through the Senate and signed into law this
year.
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. 1206.
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. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

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