[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[Senate]
[Pages 11270-11275]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3444. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 53, after line 11, add the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

       (a) Agency Proceedings.--Section 504 of title 5, United 
     States Code, is amended--
       (1) in subsection (c)(1), by striking ``, United States 
     Code'';
       (2) by redesignating subsection (f) as subsection (i); and
       (3) by striking subsection (e) and inserting the following:
       ``(e)(1) The Chairman of the Administrative Conference of 
     the United States, after consultation with the Chief Counsel 
     for Advocacy of the Small Business Administration, shall 
     report to the Congress, not later than March 31 of each year, 
     on the amount of fees and other expenses awarded during the 
     preceding fiscal year pursuant to this section. The report 
     shall describe the number, nature, and amount of the awards, 
     the claims involved in the controversy, and any other 
     relevant information that may aid the Congress in evaluating 
     the scope and impact of such awards. The report shall be made 
     available to the public online.
       ``(2)(A) The report required by paragraph (1) shall account 
     for all payments of fees and other expenses awarded under 
     this section that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) does not affect any other information 
     that is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(f) The Chairman of the Administrative Conference shall 
     create and maintain online a searchable database containing 
     the following information with respect to each award of fees 
     and other expenses under this section:
       ``(1) The case name and number of the adversary 
     adjudication, if available, hyperlinked to the case, if 
     available.
       ``(2) The name of the agency involved in the adversary 
     adjudication.
       ``(3) A description of the claims in the adversary 
     adjudication.
       ``(4) The name of each party to whom the award was made.
       ``(5) The amount of the award.
       ``(6) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(g) The online searchable database described in 
     subsection (f) may not reveal any information the disclosure 
     of which is prohibited by law or court order.
       ``(h) The head of each agency shall provide to the Chairman 
     of the Administrative Conference in a timely manner all 
     information requested by the Chairman to comply with the 
     requirements of subsections (e), (f), and (g).''.
       (b) Court Cases.--Section 2412(d) of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(5)(A) The Chairman of the Administrative Conference of 
     the United States shall submit to the Congress, not later 
     than March 31 of each year, a report on the amount of fees 
     and other expenses awarded during the preceding fiscal year 
     pursuant to this subsection. The report shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in each controversy, and any other relevant information that 
     may aid the Congress in evaluating the scope and impact of 
     such awards. The report shall be made available to the public 
     online.
       ``(B)(i) The report required by subparagraph (A) shall 
     account for all payments of fees and other expenses awarded 
     under this subsection that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) does not affect any other information that 
     is subject to

[[Page 11271]]

     nondisclosure provisions in the settlement agreement.
       ``(C) The Chairman of the Administrative Conference shall 
     include and clearly identify in the annual report under 
     subparagraph (A), for each case in which an award of fees and 
     other expenses is included in the report--
       ``(i) any amounts paid from section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(6) The Chairman of the Administrative Conference shall 
     create and maintain online a searchable database containing 
     the following information with respect to each award of fees 
     and other expenses under this subsection:
       ``(A) The case name and number, hyperlinked to the case, if 
     available.
       ``(B) The name of the agency involved in the case.
       ``(C) The name of each party to whom the award was made.
       ``(D) A description of the claims in the case.
       ``(E) The amount of the award.
       ``(F) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(7) The online searchable database described in paragraph 
     (6) may not reveal any information the disclosure of which is 
     prohibited by law or court order.
       ``(8) The head of each agency shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of paragraphs (5), (6), and (7), 
     including the Attorney General of the United States and the 
     Director of the Administrative Office of the United States 
     Courts.''.
       (c) Clerical Amendments.--Section 2412 of title 28, United 
     States Code, is amended--
       (1) in subsection (d)(3), by striking ``United States 
     Code,''; and
       (2) in subsection (e)--
       (A) by striking ``of section 2412 of title 28, United 
     States Code,'' and inserting ``of this section''; and
       (B) by striking ``of such title'' and inserting ``of this 
     title''.
       (d) Effective Date.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) shall first apply with respect to awards of fees and 
     other expenses that are made on or after the date of the 
     enactment of this Act.
       (2) Initial reports.--The first reports required by section 
     504(e) of title 5, United States Code, and section 2412(d)(5) 
     of title 28, United States Code, shall be submitted not later 
     than March 31 of the calendar year following the first 
     calendar year in which a fiscal year begins after the date of 
     the enactment of this Act.
       (3) Online databases.--The online databases required by 
     section 504(f) of title 5, United States Code, and section 
     2412(d)(6) of title 28, United States Code, shall be 
     established as soon as practicable after the date of the 
     enactment of this Act, but in no case later than the date on 
     which the first reports under section 504(e) of title 5, 
     United States Code, and section 2412(d)(5) of title 28, 
     United States Code, are required to be submitted under 
     paragraph (2) of this subsection.
                                 ______
                                 
  SA 3445. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 37, between lines 16 and 17, insert the following:
       (10) Motorized vessels in the ozark national scenic 
     riverways.--The Secretary of the Interior--
       (A) shall manage the Ozark National Scenic Riverways to 
     allow the use of motorized vessels in a manner that is not 
     more restrictive than the use restrictions in effect on 
     November 21, 2013; and
       (B) may manage the Ozark National Scenic Riverways to allow 
     the use of motorized vessels in a manner that is less 
     restrictive than the use restrictions in effect on November 
     21, 2013.
                                 ______
                                 
  SA 3446. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1937, to amend the Help America Vote Act of 2002 
to require States to develop contingency plans to address unexpected 
emergencies or natural disasters that may threaten to disrupt the 
administration of an election for Federal office, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 4, line 1, strike ``in November 2014'' and insert 
     ``on or after the date that is 1 year after the date of 
     enactment of this section''.
                                 ______
                                 
  SA 3447. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 384, between lines 9 and 10, insert the following:

  PART III--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS 
                          ABSENTEE VOTING ACT

     SEC. 1078A. PRE-ELECTION REPORTING REQUIREMENT ON 
                   TRANSMISSION OF ABSENTEE BALLOTS.

       (a) In General.--Subsection (c) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(c)) is amended by striking ``Not later than 
     90 days'' and inserting the following:
       ``(1) Pre-election report on absentee ballots 
     transmitted.--
       ``(A) In general.--Not later than 43 days before any 
     election for Federal office held in a State, the chief State 
     election official of such State shall submit a report 
     containing the information in subparagraph (B) to the 
     Attorney General and the Presidential designee, and make that 
     report publicly available that same day.
       ``(B) Information reported.--The report under subparagraph 
     (A) shall consist of the following:
       ``(i) The total number of absentee ballots validly 
     requested by absent uniformed services voters and overseas 
     voters whose requests were received by the 47th day before 
     the election.
       ``(ii) The total number of ballots transmitted to such 
     voters by the 46th day before the election by each unit of 
     local government within the State that will administer the 
     election.
       ``(iii) If the chief State election official has incomplete 
     information on any items required to be included in the 
     report, an explanation of what information is incomplete 
     information and efforts made to acquire such information, 
     including the identity of any unit of local government that 
     failed to provide required information to the State.
       ``(C) Requirement to supplement incomplete information.--If 
     the report under subparagraph (A) has incomplete information 
     on any items required to be included in the report, the chief 
     State election official shall make all reasonable efforts to 
     expeditiously supplement the report with complete 
     information.
       ``(D) Format.--The report under subparagraph (A) shall be 
     in a format prescribed by the Attorney General in 
     consultation with the chief State election officials of each 
     State.
       ``(2) Post election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days''.
       (b) Conforming Amendment.--The heading for subsection (c) 
     of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended 
     by striking ``Report on Number of Absentee Ballots 
     Transmitted and Received'' and inserting ``Reports on 
     Absentee Ballots''.

     SEC. 1078B. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER 
                   PROVISION.

       (a) In General.--Paragraph (8) of section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(a)) is amended to read as follows:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter by the date 
     and in the manner determined under subsection (g);''.
       (b) Ballot Transmission Requirements and Repeal of Waiver 
     Provision.--Subsection (g) of section 102 of such Act (42 
     U.S.C. 1973ff-1(g)) is amended to read as follows:
       ``(g) Ballot Transmission Requirements.--
       ``(1) In general.--For purposes of subsection (a)(8), in 
     the case in which a valid request for an absentee ballot is 
     received at least 47 days before an election for Federal 
     office, the following rules shall apply:
       ``(A) Transmission deadline.--The State shall transmit the 
     absentee ballot not later than 46 days before the election.
       ``(B) Special rules in case of failure to transmit on 
     time.--
       ``(i) In general.--If the State fails to transmit any 
     absentee ballot by the 46th day before the election as 
     required by subparagraph (A) and the absent uniformed 
     services voter or overseas voter did not request electronic 
     ballot transmission pursuant to subsection (f), the State 
     shall transmit such ballot by express delivery.
       ``(ii) Extended failure.--If the State fails to transmit 
     any absentee ballot by the 41st day before the election, in 
     addition to transmitting the ballot as provided in clause 
     (i), the State shall--

       ``(I) in the case of absentee ballots requested by absent 
     uniformed services voters with respect to regularly scheduled 
     general elections, notify such voters of the procedures 
     established under section 103A for the collection and 
     delivery of marked absentee ballots; and
       ``(II) in any other case, provide for the return of such 
     ballot by express delivery.

       ``(iii) Cost of express delivery.--In any case in which 
     express delivery is required under this subparagraph, the 
     cost of such express delivery--

[[Page 11272]]

       ``(I) shall not be paid by the voter, and
       ``(II) may be required by the State to be paid by a local 
     jurisdiction if the State determines that election officials 
     in such jurisdiction are responsible for the failure to 
     transmit the ballot by any date required under this 
     paragraph.

       ``(iv) Exception.--Clause (ii)(II) shall not apply when an 
     absent uniformed services voter or overseas voter indicates 
     the preference to return the late sent absentee ballot by 
     electronic transmission in a State that permits return of an 
     absentee ballot by electronic transmission.
       ``(v) Enforcement.--A State's compliance with this 
     subparagraph does not bar the Attorney General from seeking 
     additional remedies necessary to fully resolve or prevent 
     ongoing, future, or systematic violations of this provision.
       ``(C) Special procedure in event of disaster.--If a 
     disaster (hurricane, tornado, earthquake, storm, volcanic 
     eruption, landslide, fire, flood, or explosion), or an act of 
     terrorism prevents the State from transmitting any absentee 
     ballot by the 46th day before the election as required by 
     subparagraph (A), it shall notify the Attorney General as 
     soon as practicable and take all actions necessary, including 
     seeking any necessary judicial relief, to ensure that 
     affected absent uniformed services voters and overseas voters 
     are provided a reasonable opportunity to receive and return 
     their absentee ballots in time to be counted.
       ``(2) Requests received after 47th day before election.--
     For purposes of subsection (a)(8), in the case in which a 
     valid request for an absentee ballot is received less than 47 
     days but not less than 30 days before an election for Federal 
     office, the State shall transmit the absentee ballot not 
     later than 3 business days after such request is received.''.

     SEC. 1078C. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE 
                   ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN 
                   ABSENTEE BALLOT.

       (a) In General.--Section 102(a)(3) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     1(a)(3)) is amended by striking ``general elections'' and 
     inserting ``general, special, primary, and runoff 
     elections''.
       (b) Conforming Amendment.--Section 103 of such Act (42 
     U.S.C. 1973ff-2) is amended--
       (1) in subsection (b)(2)(B), by striking ``general'', and
       (2) in the heading thereof, by striking ``general''.

     SEC. 1078D. TREATMENT OF POST CARD REGISTRATION REQUESTS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended by adding at the 
     end the following new subsection:
       ``(j) Treatment of Post Card Registrations.--A State shall 
     not remove any voter who has registered to vote using the 
     official post card form (prescribed under section 101) except 
     in accordance with subparagraph (A), (B), or (C) of section 
     8(a)(3) of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg-6(a)).''.

     SEC. 1078E. TREATMENT OF BALLOT REQUESTS.

       (a) Application of Prohibition of Refusal of Applications 
     on Grounds of Early Submission to Overseas Voters.--Section 
     104 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-3) is amended--
       (1) by inserting ``or overseas voter'' after ``submitted by 
     an absent uniformed services voter''; and
       (2) by striking ``members of the uniformed services'' and 
     inserting ``absent uniformed services voters or overseas 
     voters''.
       (b) Use of Single Application for Subsequent Elections.--
       (1) In general.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is 
     amended--
       (A) by striking ``A State'' and inserting the following:
       ``(a) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State'', and
       (B) by adding at the end the following new subsections:
       ``(b) Application Treated as Valid for Subsequent 
     Elections.--
       ``(1) In general.--If a State accepts and processes a 
     request for an absentee ballot by an absent uniformed 
     services voter or overseas voter and the voter requests that 
     the application be considered an application for an absentee 
     ballot for each subsequent election for Federal office held 
     in the State through the next regularly scheduled general 
     election for Federal office (including any runoff elections 
     which may occur as a result of the outcome of such general 
     election), the State shall provide an absentee ballot to the 
     voter for each such subsequent election.
       ``(2) Exceptions.--Paragraph (1) shall not apply with 
     respect to either of the following:
       ``(A) Voters changing registration.--A voter removed from 
     the list of official eligible voters in accordance with 
     subparagraph (A), (B), or (C) of section 8(a)(3) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     6(a)).
       ``(B) Undeliverable ballots.--A voter whose ballot is 
     returned by mail to the State or local election officials as 
     undeliverable or, in the case of a ballot delivered 
     electronically, if the email sent to the voter was 
     undeliverable or rejected due to an invalid email address.''.
       (2) Conforming amendment.--The heading of section 104 of 
     such Act is amended by striking ``prohibition of refusal of 
     applications on grounds of early submission'' and inserting 
     ``treatment of ballot requests''.
       (3) Revision to postcard form.--
       (A) In general.--The Presidential designee shall ensure 
     that the official postcard form prescribed under section 
     101(b)(2) of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter using the 
     form to--
       (i) request an absentee ballot for each election for 
     Federal office held in a State through the next regularly 
     scheduled general election for Federal office (including any 
     runoff elections which may occur as a result of the outcome 
     of such general election); or
       (ii) request an absentee ballot for a specific election or 
     elections for Federal office held in a State during the 
     period described in paragraph (1).
       (B) Presidential designee.--For purposes of this paragraph, 
     the term ``Presidential designee'' means the individual 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).

     SEC. 1078F. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraphs (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) 
     are each amended by striking ``and American Samoa'' and 
     inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.

     SEC. 1078G. BIENNIAL REPORT ON THE EFFECTIVENESS OF 
                   ACTIVITIES OF THE FEDERAL VOTING ASSISTANCE 
                   PROGRAM AND COMPTROLLER GENERAL REVIEW.

       (a) In General.--Section 105A(b) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     4a(b)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``March 31 of each year'' and inserting 
     ``June 30 of each odd-numbered year''; and
       (B) by striking ``the following information'' and inserting 
     ``the following information with respect to the Federal 
     elections held during the 2 preceding calendar years'';
       (2) in paragraph (1), by striking ``separate assessment'' 
     each place it appears and inserting ``separate assessment and 
     statistical analysis''; and
       (3) in paragraph (2)--
       (A) by striking ``section 1566a'' in the matter preceding 
     subparagraph (A) and inserting ``sections 1566a and 1566b'';
       (B) by striking ``such section'' each place it appears in 
     subparagraphs (A) and (B) and inserting ``such sections''; 
     and
       (C) by adding at the end the following new subparagraphs:
       ``(C) The number of completed official postcard forms 
     prescribed under section 101(b)(2) that were completed by 
     absent uniformed services members and accepted and 
     transmitted.
       ``(D) The number of absent uniformed services members who 
     declined to register to vote under such sections.''.
       (b) Comptroller General Reviews.--Section 105A of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-4a) is amended by redesignating subsection (c) 
     as subsection (d) and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Comptroller General Reviews.--
       ``(1) In general.--
       ``(A) Review.--The Comptroller General shall conduct a 
     review of any reports submitted by the Presidential designee 
     under subsection (b) with respect to elections occurring in 
     calendar years 2014 through 2020.
       ``(B) Report.--Not later than 180 days after a report is 
     submitted by the Presidential designee under subsection (b), 
     the Comptroller General shall submit to the relevant 
     committees of Congress a report containing the results of the 
     review conducted under subparagraph (A).
       ``(2) Matters reviewed.--A review conducted under paragraph 
     (1) shall assess--
       ``(A) the methodology used by the Presidential designee to 
     prepare the report and to develop the data presented in the 
     report, including the approach for designing, implementing, 
     and analyzing the results of any surveys,
       ``(B) the effectiveness of any voting assistance covered in 
     the report provided under subsection (b) and provided by the 
     Presidential designee to absent overseas uniformed services 
     voters and overseas voters who are not members of the 
     uniformed services, including an assessment of--
       ``(i) any steps taken toward improving the implementation 
     of such voting assistance; and
       ``(ii) the extent of collaboration between the Presidential 
     designee and the States in providing such voting assistance; 
     and
       ``(C) any other information the Comptroller General 
     considers relevant to the review.''.
       (c) Conforming Amendments.--
       (1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is 
     amended--

[[Page 11273]]

       (A) by striking paragraph (6); and
       (B) by redesignating paragraphs (7) through (11) as 
     paragraphs (6) through (10), respectively.
       (2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is 
     amended--
       (A) in paragraph (5), by striking ``101(b)(7)'' and 
     inserting ``101(b)(6)''; and
       (B) in paragraph (11), by striking ``101(b)(11)'' and 
     inserting ``101(b)(10)''.
       (3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is 
     amended--
       (A) by striking ``Annual Report'' in the subsection heading 
     and inserting ``Biennial Report''; and
       (B) by striking ``In the case of'' in paragraph (3) and all 
     that follows through ``a description'' and inserting ``A 
     description''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to reports required to be issued after the date 
     of the enactment of this Act.

     SEC. 1078H. EFFECTIVE DATE.

       Except as provided in section 1078G(d), the amendments made 
     by this title shall take effect on January 1, 2015.
                                 ______
                                 
  SA 3448. Mr. REID (for Ms. Landrieu (for herself and Mr. Wicker)) 
submitted an amendment intended to be proposed by Mr. Reid of Nevada to 
the bill S. 2363, to protect and enhance opportunities for recreational 
hunting, fishing, and shooting, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE III--RED SNAPPER MANAGEMENT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Gulf of Mexico Red Snapper 
     Conservation Act of 2014''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Coastal waters.--The term ``coastal waters'' means--
       (A) all waters, whether salt or fresh, of the Gulf coastal 
     State shoreward of the baseline from which the territorial 
     sea of the United States is measured; and
       (B) the waters of the Gulf coastal State seaward from the 
     baseline referred to in subparagraph (A) to the inner 
     boundary of the exclusive economic zone 200 mile limit.
       (2) Commission.--The term ``Commission'' means the Gulf 
     States Marine Fisheries Commission.
       (3) Fishery management plan.--The term ``fishery management 
     plan'' means a plan for the conservation and management of 
     Gulf of Mexico red snapper prepared and adopted by the 
     Commission pursuant to section 304.
       (4) Gulf coastal state.--The term ``Gulf coastal State'' 
     means the following States bordering the Gulf of Mexico:
       (A) Alabama.
       (B) Florida.
       (C) Louisiana.
       (D) Mississippi.
       (E) Texas.
       (5) Gulf of mexico red snapper.--The term ``Gulf of Mexico 
     red snapper'' means members of stocks or populations of the 
     species Lutjanis campechanus, which ordinarily are found 
     seaward of the coastal waters.
       (6) Magnuson-stevens act.--The term ``Magnuson-Stevens 
     Act'' means the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.).

     SEC. 303. TRANSFER OF MANAGEMENT OF GULF OF MEXICO RED 
                   SNAPPER.

       (a) New Fishery Management Plan From Commission.--The 
     Commission shall submit to the Secretary of Commerce a 
     fishery management plan for Gulf of Mexico red snapper 
     adopted by the Commission pursuant to section 304.
       (b) Actions by Secretary of Commerce.--
       (1) Review and certification of plan.--The Secretary of 
     Commerce shall--
       (A) review the plan submitted pursuant to subsection (a) to 
     determine whether or not the plan--
       (i) includes fishery management measures that are 
     compatible to the extent practicable with the national 
     standards set forth in section 301 of the Magnuson-Stevens 
     Act (16 U.S.C. 1851) and other applicable provisions of the 
     Magnuson-Stevens Act; and
       (ii) will ensure the long-term conservation of Gulf of 
     Mexico red snapper populations; and
       (B) certify whether or not the Commission has submitted a 
     fishery management plan to properly conserve and manage Gulf 
     of Mexico red snapper consistent with this title.
       (2) Revocation of superseded plan.--Upon receipt of a 
     certification by the Commission under section 304(b)(2) that 
     all of the Gulf coastal States will have sufficient 
     management measures under section 304(b)(1), the Secretary 
     shall publish a notice in the Federal Register revoking those 
     regulations and portions of the Federal fishery management 
     plan for the Reef Fish Resources of the Gulf of Mexico that 
     are in conflict with the fishery management plan for Gulf of 
     Mexico red snapper, including the deletion of the species 
     from the management unit.
       (c) State Actions.--Upon certification by the Secretary 
     under subsection (b)(1) that the fishery management plan will 
     properly conserve and manage Gulf of Mexico red snapper 
     consistent with this title, the Gulf coastal States shall 
     implement all appropriate measures to manage the Gulf of 
     Mexico red snapper resource in the adjacent coastal waters in 
     accordance with the fishery management plan.

     SEC. 304. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT PLAN.

       (a) Commission Process.--
       (1) In general.--The Commission shall prepare and adopt a 
     fishery management plan to provide for the conservation and 
     management of Gulf of Mexico red snapper and specify the 
     requirements necessary for Gulf coastal States to be in 
     compliance with the plan.
       (2) Standards and procedures.--Not later than one year 
     after the date of the enactment of this Act, the Commission 
     shall establish standards and procedures for the preparation 
     of the fishery management plan, including standards and 
     procedures to ensure--
       (A) the long-term sustainability of Gulf of Mexico red 
     snapper based on the available science; and
       (B) adequate opportunity for public participation in the 
     preparation of the fishery management plan, including at 
     least four public hearings and procedures for the submittal 
     to the Commission of written comments on the fishery 
     management plan.
       (3) Limitation on reduction in quotas.--
       (A) In general.--Except as provided in subparagraph (B), 
     the fishery management plan may not reduce the overall quota 
     of Gulf of Mexico red snapper apportioned to commercial 
     fishing on the date of the enactment of this Act until the 
     date that is 3 years after such date of enactment. Such plan 
     may increase such a quota based on stock assessments.
       (B) Exception in case of a reduction in stock.--In the 
     event of a reduction in the stock of Gulf of Mexico red 
     snapper, the fishery management plan shall reduce the quota 
     described in subparagraph (A) in a manner that ensures a 
     sustainable harvest of Gulf of Mexico red snapper.
       (b) State Implementation and Enforcement.--
       (1) Submittal of management measures.--Each Gulf coastal 
     State shall submit to the Commission management measures to 
     ensure compliance with the conservation objectives of the 
     fishery management plan.
       (2) Implementation.--Upon certification by the Commission 
     that all Gulf coastal States have submitted sufficient 
     management measures described in paragraph (1), the 
     Commission shall certify to the Secretary of Commerce under 
     section 303(b)(2) to revoke Federal management of Gulf of 
     Mexico red snapper, and the Gulf coastal States shall manage 
     the Gulf of Mexico red snapper in the adjacent coastal waters 
     consistent with the fishery management plan.

     SEC. 305. MONITORING OF IMPLEMENTATION AND ENFORCEMENT OF 
                   GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT 
                   PLAN BY GULF COASTAL STATES.

       (a) Determination.--In December each year, and at any other 
     time it considers appropriate, the Commission shall 
     determine--
       (1) whether each Gulf coastal State has adopted all 
     regulatory measures to fully implement the fishery management 
     plan; and
       (2) whether the enforcement of the fishery management plan 
     by each Gulf coastal State is satisfactory to maintain the 
     long-term sustainability and abundance of Gulf of Mexico red 
     snapper.
       (b) Satisfactory State Enforcement.--For purposes of 
     subsection (a)(2), enforcement by a Gulf coastal State shall 
     not be considered satisfactory by the Commission if, in its 
     view, such enforcement is being carried out in such a manner 
     that the implementation of the fishery management plan within 
     the coastal waters of the Gulf coastal State is being, or 
     will likely be, substantially and adversely affected.
       (c) Notice to Secretary of Commerce of Adverse 
     Determination.--The Commission shall immediately notify the 
     Secretary of Commerce of each negative determination made 
     with respect to a Gulf coastal State under subsection (a).

     SEC. 306. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT 
                   REVIEW.

       (a) Commission Review and Report on Certification on 
     Certain State Actions.--
       (1) Commission review of state certification.--Each Gulf 
     coastal State that manages Gulf of Mexico red snapper shall 
     submit to the Commission a certification as follows:
       (A) If Gulf of Mexico red snapper is undergoing overfishing 
     or subject to a rebuilding plan, that such Gulf coastal State 
     shall implement immediately the necessary measures to end 
     overfishing and rebuild the fishery.
       (B) That such Gulf coastal State shall implement a program 
     to provide for data collection adequate to monitor the 
     harvest of Gulf of Mexico red snapper by such Gulf coastal 
     State.
       (2) Report to secretary.--Upon the review of each 
     certification submitted to the Commission under paragraph 
     (1), the Commission shall certify to the Secretary of 
     Commerce whether or not the Gulf coastal State concerned is 
     fully carrying out the matters covered by the certification.
       (b) Action by Secretary of Commerce.--Upon receipt by the 
     Secretary of Commerce of a notice under section 305(c) or a 
     report under subsection (a)(2) that a Gulf Coastal

[[Page 11274]]

     State is not fully complying with the matters specified in 
     subsection (a)(1) as certified by that State pursuant to 
     subsection (a)(1), the Secretary may declare a closure of the 
     Gulf of Mexico red snapper fishery within the Federal waters 
     adjacent to the Gulf coastal State. In making such a 
     declaration the Secretary shall fully consider and review the 
     comments of the Gulf coastal State and the Commission.
       (c) Actions Prohibited During Closure.--During a closure of 
     the Gulf of Mexico red snapper fishery under subsection (b), 
     it is unlawful for any person--
       (1) to engage in fishing for Gulf of Mexico red snapper 
     within the Federal waters adjacent to the Gulf coastal State 
     covered by the closure;
       (2) to land, or attempt to land, the Gulf of Mexico red 
     snapper that is subject to the closure; or
       (3) to fail to return to the water the Gulf of Mexico red 
     snapper to which the closure applies that are caught 
     incidental to commercial harvest or in other recreational 
     fisheries.

     SEC. 307. IMPROVED STUDIES AND DATA COLLECTION FOR GULF OF 
                   MEXICO RED SNAPPER.

       (a) In General.--For the purposes of carrying out this 
     title, the Secretary of Commerce shall support the Gulf 
     coastal States and the Commission in developing and 
     implementing a comprehensive study on Gulf of Mexico Red 
     Snapper. The study shall include the following:
       (1) Annual stock assessments of Gulf of Mexico red snapper.
       (2) The number of participants, both commercial and 
     recreational, in the coastal waters of the Gulf coastal 
     States that harvest Gulf of Mexico red snapper.
       (3) Recommendations for improved conservation and 
     management of Gulf of Mexico red snapper.
       (b) Comprehensive Economic Analysis.--The Secretary of 
     Commerce shall, in consultation with the Gulf coastal States 
     and the Commission, conduct a comprehensive study and 
     analysis of the economic impacts and benefits for the local, 
     regional, and national economy of the Gulf of Mexico red 
     snapper fishery. The study shall include the following:
       (1) A thorough analysis of the beneficial economic impacts 
     of industries directly related to the Gulf of Mexico red 
     snapper fishery, including, but not limited to, boat sales, 
     marina activity, boat construction and repair, fishing gear 
     and tackle sales, and other closely associated industries.
       (2) A proper economic analysis of the downstream economic 
     impacts of the Gulf of Mexico red snapper fishery on the 
     economies of the Gulf coastal States, including, but not 
     limited to, hotels, restaurants, grocery stores, related 
     tourism, and other peripheral businesses and industries.
       (c) Biennial Reports.--The Secretary of Commerce shall 
     submit to Congress, the Gulf coastal States, and the 
     Commission on a biennial basis a report on the progress and 
     findings of studies conducted under subsections (a) and (b), 
     and shall make each report available to the public. Each 
     report shall, to the extent practicable, include 
     recommendations on additional actions to be taken to 
     encourage the sustainable conservation and management of the 
     Gulf of Mexico red snapper fishery.
                                 ______
                                 
  SA 3449. Mr. REID (for Ms. Landrieu) submitted an amendment intended 
to be proposed by Mr. Reid of Nevada to the bill S. 2363, to protect 
and enhance opportunities for recreational hunting, fishing, and 
shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I, add the following:

     ``SECTION 1_. HUNTING IN KISATCHIE NATIONAL FOREST.

       ``(a) In General.--The Secretary of Agriculture (referred 
     to in this section as the `Secretary') may not restrict the 
     use of dogs in deer hunting activities in Kisatchie National 
     Forest (referred to in this section as the `Forest'), unless 
     the restrictions--
       ``(1) apply to the smallest practicable portions of the 
     Forest; and
       ``(2) are necessary to reduce or control trespass onto land 
     adjacent to the Forest.
       ``(b) Prior Restrictions.--Any restrictions regarding the 
     use of dogs in deer hunting activities in Kisatchie National 
     Forest in force on the date of enactment of this Act shall 
     have no force or effect.
       ``(c) Adjacent Landowners.--
       ``(1) In general.--Any landowner of land that abuts a unit 
     of the Forest may petition the Secretary to restrict the use 
     of dogs in deer hunting activities that take place on the 
     portion of the Forest that abuts the land of the landowner.
       ``(2) Restrictions.--If the Secretary receives a petition 
     from an adjacent landowner under paragraph (1), the 
     Secretary, after notice and opportunity for a hearing, may 
     impose restrictions on the use of dogs in deer hunting--
       ``(A) limited to the portion of the Forest that is located 
     within 300 yards of the boundary of the land of the 
     landowner; and
       ``(B) consistent with subsection (a).''.
                                 ______
                                 
  SA 3450. Mr. WICKER (for himself, Mr. Moran, Mr. Risch, Mr. Enzi, Mr. 
Crapo, and Mr. Portman) submitted an amendment intended to be proposed 
by him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

       TITLE III--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Recreational Land Self-
     Defense Act of 2014''.

     SEC. 302. PROTECTING AMERICANS FROM VIOLENT CRIME.

       (a) Findings.--Congress finds the following:
       (1) The Second Amendment of the Constitution provides that 
     ``the right of the people to keep and bear Arms shall not be 
     infringed''.
       (2) Section 327.13 of title 36, Code of Federal 
     Regulations, provides that, except in special circumstances, 
     ``possession of loaded firearms, ammunition, loaded 
     projectile firing devices, bows and arrows, crossbows, or 
     other weapons is prohibited'' at water resources development 
     projects administered by the Secretary of the Army.
       (3) The regulations described in paragraph (2) prevent 
     individuals complying with Federal and State laws from 
     exercising the Second Amendment rights of the individuals 
     while at such water resources development projects.
       (4) Federal laws should make it clear that the Second 
     Amendment rights of an individual at a water resources 
     development project should not be infringed.
       (b) Protecting the Right of Individuals To Bear Arms at 
     Water Resources Development Projects.--The Secretary of the 
     Army shall not promulgate or enforce any regulation that 
     prohibits an individual from possessing a firearm, including 
     an assembled or functional firearm, at a water resources 
     development project covered under part 327 of title 36, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     laws of the State in which the water resources development 
     project is located.
                                 ______
                                 
  SA 3451. Mr. WICKER (for himself, Mr. Moran, Mr. Risch, Mr. Enzi, Mr. 
Crapo, Mr. Portman, and Mr. Sessions) submitted an amendment intended 
to be proposed by him to the bill S. 2363, to protect and enhance 
opportunities for recreational hunting, fishing, and shooting, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

       TITLE III--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Recreational Land Self-
     Defense Act of 2014''.

     SEC. 302. PROTECTING AMERICANS FROM VIOLENT CRIME.

       (a) Findings.--Congress finds the following:
       (1) The Second Amendment of the Constitution provides that 
     ``the right of the people to keep and bear Arms shall not be 
     infringed''.
       (2) Section 327.13 of title 36, Code of Federal 
     Regulations, provides that, except in special circumstances, 
     ``possession of loaded firearms, ammunition, loaded 
     projectile firing devices, bows and arrows, crossbows, or 
     other weapons is prohibited'' at water resources development 
     projects administered by the Secretary of the Army.
       (3) The regulations described in paragraph (2) prevent 
     individuals complying with Federal and State laws from 
     exercising the Second Amendment rights of the individuals 
     while at such water resources development projects.
       (4) Federal laws should make it clear that the Second 
     Amendment rights of an individual at a water resources 
     development project should not be infringed.
       (b) Protecting the Right of Individuals To Bear Arms at 
     Water Resources Development Projects.--The Secretary of the 
     Army shall not promulgate or enforce any regulation that 
     prohibits an individual from possessing a firearm, including 
     an assembled or functional firearm, at a water resources 
     development project covered under part 327 of title 36, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     laws of the State in which the water resources development 
     project is located.
                                 ______
                                 
  SA 3452. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2363, to protect

[[Page 11275]]

and enhance opportunities for recreational hunting, fishing, and 
shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I, add the following:

     SEC. 1___. GROUNDWATER MANAGEMENT DIRECTIVE.

       (a) In General.--The Secretary of Agriculture shall not--
       (1) finalize the proposed directive of the Forest Service 
     entitled ``Proposed Groundwater Management Directive, Forest 
     Service Manual 2560'' (79 Fed. Reg. 25815 (May 6, 2014)); or
       (2) use the directive described in paragraph (1), or any 
     substantially similar directive, as the basis for any 
     decision regarding management of groundwater resources on 
     National Forest System land or any rulemaking.
       (b) Rules.--The use of the directive described in 
     subsection (a)(1), or any substantially similar directive, as 
     the basis for any rule shall be grounds for vacation of the 
     rule.
                                 ______
                                 
  SA 3453. Mr. BARRASSO (for himself, Mr. Johanns, Mr. Sessions, Mr. 
Vitter, Mr. McConnell, Mr. Inhofe, Mr. Risch, Mr. Toomey, Mr. Moran, 
Mr. Enzi, Mr. Hoeven, Mr. McCain, Mr. Heller, Mr. Crapo, Mr. Roberts, 
Mr. Thune, Mr. Blunt, Mr. Graham, Mr. Cruz, Mr. Cornyn, Mr. Isakson, 
Mr. Cochran, Mr. Hatch, Mr. Flake, and Mrs. Fischer) submitted an 
amendment intended to be proposed by him to the bill S. 2363, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I, add the following:

     SEC. 1____. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--Neither the Secretary of the Army nor the 
     Administrator of the Environmental Protection Agency shall--
       (1) finalize the proposed rule entitled ``Definition of 
     `Waters of the United States' Under the Clean Water Act'' (79 
     Fed. Reg. 22188 (April 21, 2014)); or
       (2) use the proposed rule described in paragraph (1), or 
     any substantially similar proposed rule or guidance, as the 
     basis for any rulemaking or any decision regarding the scope 
     or enforcement of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.).
       (b) Rules.--The use of the proposed rule described in 
     subsection (a)(1), or any substantially similar proposed rule 
     or guidance, as the basis for any rulemaking or any decision 
     regarding the scope or enforcement of the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) shall be 
     grounds for vacation of the final rule, decision, or 
     enforcement action.

                          ____________________