“TEXT OF AMENDMENTS” published by Congressional Record on July 7, 2014

Friday, Sep 24, 2021 @ 7:15pm By EP News Wire Reports

Volume 160, No. 104 covering the 2nd Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S4226-S4231 on July 7, 2014.

The publication is reproduced in full below:

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 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.''.

(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--

``(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) 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.''.

(1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended--

(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.

(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 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,

(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.

(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 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.

____________________

SOURCE: Congressional Record Vol. 160, No. 104

“TEXT OF AMENDMENTS” published by Congressional Record on July 7, 2014

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