FISH SAFE Act

IIB 116TH CONGRESS 1ST SESSION H. R. 4719 IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2019 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To amend the Federal share of the fishing safety standards grants. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4719 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Funding Instruction 2 for Safety, Health, and Security Avoids Fishing Emer- 3 gencies Act’’ or the ‘‘FISH SAFE Act’’. 4 SEC. 2. AMENDMENT OF FEDERAL SHARE OF THE FISHING 5 SAFETY STANDARDS GRANTS. 6 (a) AMENDMENT.—Section 4502 of title 46, United 7 States Code, is amended— 8 (1) in subsection (i)(3), by striking ‘‘50’’ and 9 inserting ‘‘75’’; and 10 (2) in subsection (j)(3), by striking ‘‘50’’ and 11 inserting ‘‘75’’. 12 (b) RETROACTIVE EFFECTIVE DATE.—The amend- 13 ment made by subsection (a) takes effect on the day after 14 the date of enactment of the Frank LoBiondo Coast 15 Guard Authorization Act of 2018 (Public Law 115–282). 16 SEC. 3. COST SHARE. 17 The cap on the Federal share of the cost of any activ- 18 ity carried out with a grant under subsections (i) and (j) 19 of section 4502 of title 46, United States Code, as in effect 20 prior to the date of enactment of the Frank LoBiondo 21 Coast Guard Authorization Act of 2018 (Public Law 115– 22 282), shall apply to any funds appropriated under the 23 Consolidated Appropriations Act, 2017 (Public Law 115– 24 31) for the purpose of making such grants. 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4719 RFS SEC. 4. AUTHORIZATION OF APPROPRIATIONS AMEND- 1 MENTS. 2 Section 4502 of title 46, United States Code, is 3 amended— 4 (1) in subsection (i)(4), by striking ‘‘2019’’ and 5 inserting ‘‘2021’’; and 6 (2) in subsection (j)(4), by striking ‘‘2019’’ and 7 inserting ‘‘2021’’. 8 SEC. 5. AIDS TO NAVIGATION. 9 (a) Section 541 of title 14, United States Code, is 10 amended— 11 (1) by striking ‘‘In’’ and inserting ‘‘(a) In’’; and 12 (2) by adding at the end the following: 13 ‘‘(b) In the case of pierhead beacons, the Com- 14 mandant may— 15 ‘‘(1) acquire, by donation or purchase in behalf 16 of the United States, the right to use and occupy 17 sites for pierhead beacons; and 18 ‘‘(2) properly mark all pierheads belonging to 19 the United States situated on the northern and 20 northwestern lakes, whenever the Commandant is 21 duly notified by the department charged with the 22 construction or repair of pierheads that the con- 23 struction or repair of any such pierheads has been 24 completed.’’. 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4719 RFS (b) Subchapter III of chapter 5 of title 14, United 1 States Code, is amended by adding at the end the fol- 2 lowing: 3 ‘‘§ 548. Prohibition against officers and employees 4 being interested in contracts for mate- 5 rials, etc. 6 ‘‘No officer, enlisted member, or civilian member of 7 the Coast Guard in any manner connected with the con- 8 struction, operation, or maintenance of lighthouses, shall 9 be interested, either directly or indirectly, in any contract 10 for labor, materials, or supplies for the construction, oper- 11 ation, or maintenance of lighthouses, or in any patent, 12 plan, or mode of construction or illumination, or in any 13 article of supply for the construction, operation, or mainte- 14 nance of lighthouses. 15 ‘‘§ 549. Lighthouse and other sites; necessity and suf- 16 ficiency of cession by State of jurisdiction 17 ‘‘(a) No lighthouse, beacon, public pier, or landmark, 18 shall be built or erected on any site until cession of juris- 19 diction over the same has been made to the United States. 20 ‘‘(b) For the purposes of subsection (a), a cession by 21 a State of jurisdiction over a place selected as the site 22 of a lighthouse, or other structure or work referred to in 23 subsection (a), shall be deemed sufficient if the cession 24 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4719 RFS contains a reservation that process issued under authority 1 of such State may continue to be served within such place. 2 ‘‘(c) If no reservation of service described in sub- 3 section (b) is contained in a cession, all process may be 4 served and executed within the place ceded, in the same 5 manner as if no cession had been made. 6 ‘‘§ 550. Marking pierheads in certain lakes 7 ‘‘The Commandant of the Coast Guard shall properly 8 mark all pierheads belonging to the United States situated 9 on the northern and northwestern lakes, whenever he is 10 duly notified by the department charged with the construc- 11 tion or repair of pierheads that the construction or repair 12 of any such pierhead has been completed.’’. 13 (c) CONFORMING AMENDMENT.—The table of sec- 14 tions for chapter 5 of title 14, United States Code, is 15 amended by inserting after the item relating to section 16 547 the following: 17 ‘‘548. Prohibition against officers and employees being interest in contracts for materials, etc. ‘‘549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction. ‘‘550. Marking pierheads in certain lakes.’’. SEC. 6. TRANSFERS RELATED TO EMPLOYEES OF THE 18 LIGHTHOUSE SERVICE. 19 (a) Section 6 of chapter 103 of the Act of June 20, 20 1918 (33 U.S.C. 763) is repealed. 21 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 4719 RFS (b) Subchapter II of chapter 25 of title 14, United 1 States Code, is amended by adding at the end the fol- 2 lowing: 3 ‘‘§ 2532. Retirement of employees 4 ‘‘(a) OPTIONAL RETIREMENT.—Except as provided 5 in subsections (d) and (e), a covered employee may retire 6 from further performance of duty if such officer or em- 7 ployee— 8 ‘‘(1) has completed 30 years of active service in 9 the Government and is at least 55 years of age; 10 ‘‘(2) has completed 25 years of active service in 11 the Government and is at least 62 years of age; or 12 ‘‘(3) is involuntarily separated from further per- 13 formance of duty, except by removal for cause on 14 charges of misconduct or delinquency, after com- 15 pleting 25 years of active service in the Government, 16 or after completing 20 years of such service and if 17 such employee is at least 50 years of age. 18 ‘‘(b) COMPULSORY RETIREMENT.—A covered em- 19 ployee who becomes 70 years of age shall be compulsorily 20 retired from further performance of duty. 21 ‘‘(c) RETIREMENT FOR DISABILITY.— 22 ‘‘(1) IN GENERAL.—A covered employee who 23 has completed 15 years of active service in the Gov- 24 ernment and is found, after examination by a med- 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 4719 RFS ical officer of the United States, to be disabled for 1 useful and efficient service by reason of disease or 2 injury not due to vicious habits, intemperance, or 3 willful misconduct of such officer or employee, shall 4 be retired. 5 ‘‘(2) RESTORATION TO ACTIVE DUTY.—Any in- 6 dividual retired under paragraph (1) may, upon re- 7 covery, be restored to active duty, and shall from 8 time to time, before reaching the age at which such 9 individual may retire under subsection (a), be reex- 10 amined by a medical officer of the United States 11 upon the request of the Secretary of the department 12 in which the Coast Guard is operating. 13 ‘‘(d) ANNUAL COMPENSATION.— 14 ‘‘(1) IN GENERAL.—Except as provided in para- 15 graph (2), The annual compensation of a person re- 16 tired under this section shall be a sum equal to one- 17 fortieth of the average annual pay received for the 18 last three years of service for each year of active 19 service in the Lighthouse Service, or in a depart- 20 ment or branch of the Government having a retire- 21 ment system, not to exceed thirty-fortieths of such 22 average annual pay received. 23 ‘‘(2) RETIREMENT BEFORE 55.—The retirement 24 pay computed under paragraph (1) for any officer or 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 4719 RFS employee retiring under this section shall be reduced 1 by one-sixth of 1 percent for each full month the of- 2 ficer or employee is under 55 years of age at the 3 date of retirement. 4 ‘‘(3) NO ALLOWANCE OR SUBSISTENCE.—Re- 5 tirement pay under this section shall not include any 6 amount on account of subsistence or other allow- 7 ance. 8 ‘‘(e) EXCEPTION.—The retirement and pay provision 9 in this section shall not apply to— 10 ‘‘(1) any person in the field service of the 11 Lighthouse Service whose duties do not require sub- 12 stantially all their time; or 13 ‘‘(2) persons of the Coast Guard. 14 ‘‘(f) WAIVER.—Any person entitled to retirement pay 15 under this section may decline to accept all or any part 16 of such retirement pay by a waiver signed and filed with 17 the Secretary of the Treasury. Such waiver may be re- 18 voked in writing at any time, but no payment of the retire- 19 ment pay waived shall be made covering the period during 20 which such waiver was in effect. 21 ‘‘(g) DEFINITION.—For the purposes of this section, 22 the term ‘covered employee’ means an officer or employee 23 engaged in the field service or on vessels of the Lighthouse 24 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 4719 RFS Service, except a person continuously employed in district 1 offices or shop.’’. 2 (c) CONFORMING AMENDMENT.—The table of sec- 3 tions for chapter 25 of title 14, United States Code, is 4 amended by inserting after the item relating to section 5 2531 the following: 6 ‘‘2532. Retirement of employees.’’. SEC. 7. TRANSFERS RELATED TO SURVIVING SPOUSES OF 7 LIGHTHOUSE SERVICE EMPLOYEES. 8 (a) BENEFIT TO SURVIVING SPOUSES.—Subchapter 9 II of chapter 25 of title 14, United States Code, is amend- 10 ed by adding after section 2532 the following: 11 ‘‘§ 2533. Surviving spouses 12 ‘‘The Secretary of the department in which the Coast 13 Guard is operating shall pay $100 per month to the sur- 14 viving spouse of a current or former employee of the 15 Lighthouse Service in accordance with section 2532 if 16 such employee dies— 17 ‘‘(1) at a time when such employee was receiv- 18 ing or was entitled to receive retirement pay under 19 this subchapter; or 20 ‘‘(2) from non-service-connected causes after 21 fifteen or more years of employment in such serv- 22 ice.’’. 23 (b) TRANSFERS RELATED TO SURVIVING SPOUSES 24 OF LIGHTHOUSE SERVICE EMPLOYEES.— 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 4719 RFS (1) Subchapter II of chapter 25 of title 14, 1 United States Code, is amended by adding after sec- 2 tion 2533 the following: 3 ‘‘§ 2534. Application for benefits’’. 4 (2)(A) Section 3 of chapter 761 of the Act of 5 August 19, 1950 (33 U.S.C. 773), is redesignated as 6 section 2534(a) of title 14, United States Code, 7 transferred to appear after the heading of section 8 2534 of that title, and amended so that the enu- 9 merator, section heading, typeface, and typestyle 10 conform to those appearing in other sections in title 11 14, United States Code. 12 (B) Section 2534(a), as so redesignated, trans- 13 ferred, and amended is further amended by striking 14 ‘‘this Act’’ and inserting ‘‘section 2533’’. 15 (3)(A) Section 4 of chapter 761 of the Act of 16 August 19, 1950 (33 U.S.C. 774), is redesignated as 17 section 2534(b) of title 14, United States Code, 18 transferred to appear after section 2534(a) of that 19 title, and amended so that the enumerator, section 20 heading, typeface, and typestyle conform to those 21 appearing in other sections in title 14, United States 22 Code. 23 (B) Section 2534(b), as so redesignated, trans- 24 ferred, and amended is further amended by striking 25 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 4719 RFS ‘‘the provisions of this Act’’ and inserting ‘‘section 1 2533’’. 2 (4)(A) The proviso under the heading ‘‘Pay- 3 ment to Civil Service Retirement and Disability 4 Fund’’ of title V of division C of Public Law 112– 5 74 (33 U.S.C. 776) is redesignated as section 6 2534(c) of title 14, United States Code, transferred 7 to appear after section 2534(b) of that title, and 8 amended so that the enumerator, section heading, 9 typeface, and typestyle conform to those appearing 10 in other sections in title 14, United States Code. 11 (B) Section 2534(c), as so redesignated, trans- 12 ferred, and amended is further amended by striking 13 ‘‘the Act of May 29, 1944, and the Act of August 14 19, 1950 (33 U.S.C. 771-775),’’ and inserting ‘‘sec- 15 tion 2533’’. 16 (c) CONFORMING AMENDMENT.—The table of sec- 17 tions for chapter 25 of title 14, United States Code, is 18 further amended by inserting after the item relating to 19 section 2532 the following: 20 ‘‘2533. Surviving spouses. ‘‘2534. Application for benefits.’’. SEC. 8. REPEALS. 21 (a) IN GENERAL.—The following provisions are re- 22 pealed: 23 VerDate Sep 11 2014 03:16 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.RFS H4719 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 4719 RFS (1) Section 4680 of the Revised Statutes of the 1 United States (33 U.S.C. 725). 2 (2) Section 4661 of the Revised Statutes of the 3 United States (33 U.S.C. 727). 4 (3) Section 4662 of the Revised Statutes of the 5 United States (33 U.S.C. 728). 6 (4) The final paragraph in the account ‘‘For 7 Life-Saving and Life-Boat Stations’’ under the head- 8 ing Treasury Department in the first section of 9 chapter 130 of the Act of March 3, 1875 (33 U.S.C. 10 730a). 11 (5) Section 11 of chapter 301 of the Act of 12 June 17, 1910 (33 U.S.C. 743). 13 (6) Section 3 of chapter 371 of the Act of May 14 22, 1926 (33 U.S.C. 747a). 15 (7) The first section of chapter 313 of the Act 16 of February 25, 1929 (3 [Text truncated for display. 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