Funding Instruction for Safety, Health, and Security Avoids Fishing Emergencies Act

#4719 | HR Congress #116

Last Action: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation. (12/18/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4719 Referred in Senate (RFS)]

<DOC>
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Funding Instruction for Safety, 
Health, and Security Avoids Fishing Emergencies Act'' or the ``FISH 
SAFE Act''.

SEC. 2. AMENDMENT OF FEDERAL SHARE OF THE FISHING SAFETY STANDARDS 
              GRANTS.

    (a) Amendment.--Section 4502 of title 46, United States Code, is 
amended--
            (1) in subsection (i)(3), by striking ``50'' and inserting 
        ``75''; and
            (2) in subsection (j)(3), by striking ``50'' and inserting 
        ``75''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) takes effect on the day after the date of enactment of the Frank 
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282).

SEC. 3. COST SHARE.

    The cap on the Federal share of the cost of any activity carried 
out with a grant under subsections (i) and (j) of section 4502 of title 
46, United States Code, as in effect prior to the date of enactment of 
the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 
115-282), shall apply to any funds appropriated under the Consolidated 
Appropriations Act, 2017 (Public Law 115-31) for the purpose of making 
such grants.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS AMENDMENTS.

    Section 4502 of title 46, United States Code, is amended--
            (1) in subsection (i)(4), by striking ``2019'' and 
        inserting ``2021''; and
            (2) in subsection (j)(4), by striking ``2019'' and 
        inserting ``2021''.

SEC. 5. AIDS TO NAVIGATION.

    (a) Section 541 of title 14, United States Code, is amended--
            (1) by striking ``In'' and inserting ``(a) In''; and
            (2) by adding at the end the following:
    ``(b) In the case of pierhead beacons, the Commandant may--
            ``(1) acquire, by donation or purchase in behalf of the 
        United States, the right to use and occupy sites for pierhead 
        beacons; and
            ``(2) properly mark all pierheads belonging to the United 
        States situated on the northern and northwestern lakes, 
        whenever the Commandant is duly notified by the department 
        charged with the construction or repair of pierheads that the 
        construction or repair of any such pierheads has been 
        completed.''.
    (b) Subchapter III of chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 548. Prohibition against officers and employees being interested 
              in contracts for materials, etc.
    ``No officer, enlisted member, or civilian member of the Coast 
Guard in any manner connected with the construction, operation, or 
maintenance of lighthouses, shall be interested, either directly or 
indirectly, in any contract for labor, materials, or supplies for the 
construction, operation, or maintenance of lighthouses, or in any 
patent, plan, or mode of construction or illumination, or in any 
article of supply for the construction, operation, or maintenance of 
lighthouses.
``Sec. 549. Lighthouse and other sites; necessity and sufficiency of 
              cession by State of jurisdiction
    ``(a) No lighthouse, beacon, public pier, or landmark, shall be 
built or erected on any site until cession of jurisdiction over the 
same has been made to the United States.
    ``(b) For the purposes of subsection (a), a cession by a State of 
jurisdiction over a place selected as the site of a lighthouse, or 
other structure or work referred to in subsection (a), shall be deemed 
sufficient if the cession contains a reservation that process issued 
under authority of such State may continue to be served within such 
place.
    ``(c) If no reservation of service described in subsection (b) is 
contained in a cession, all process may be served and executed within 
the place ceded, in the same manner as if no cession had been made.
``Sec. 550. Marking pierheads in certain lakes
    ``The Commandant of the Coast Guard shall properly mark all 
pierheads belonging to the United States situated on the northern and 
northwestern lakes, whenever he is duly notified by the department 
charged with the construction or repair of pierheads that the 
construction or repair of any such pierhead has been completed.''.
    (c) Conforming Amendment.--The table of sections for chapter 5 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 547 the following:

``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 LIGHTHOUSE SERVICE.

    (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 
763) is repealed.
    (b) Subchapter II of chapter 25 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 2532. Retirement of employees
    ``(a) Optional Retirement.--Except as provided in subsections (d) 
and (e), a covered employee may retire from further performance of duty 
if such officer or employee--
            ``(1) has completed 30 years of active service in the 
        Government and is at least 55 years of age;
            ``(2) has completed 25 years of active service in the 
        Government and is at least 62 years of age; or
            ``(3) is involuntarily separated from further performance 
        of duty, except by removal for cause on charges of misconduct 
        or delinquency, after completing 25 years of active service in 
        the Government, or after completing 20 years of such service 
        and if such employee is at least 50 years of age.
    ``(b) Compulsory Retirement.--A covered employee who becomes 70 
years of age shall be compulsorily retired from further performance of 
duty.
    ``(c) Retirement for Disability.--
            ``(1) In general.--A covered employee who has completed 15 
        years of active service in the Government and is found, after 
        examination by a medical officer of the United States, to be 
        disabled for useful and efficient service by reason of disease 
        or injury not due to vicious habits, intemperance, or willful 
        misconduct of such officer or employee, shall be retired.
            ``(2) Restoration to active duty.--Any individual retired 
        under paragraph (1) may, upon recovery, be restored to active 
        duty, and shall from time to time, before reaching the age at 
        which such individual may retire under subsection (a), be 
        reexamined by a medical officer of the United States upon the 
        request of the Secretary of the department in which the Coast 
        Guard is operating.
    ``(d) Annual Compensation.--
            ``(1) In general.--Except as provided in paragraph (2), The 
        annual compensation of a person retired under this section 
        shall be a sum equal to one-fortieth of the average annual pay 
        received for the last three years of service for each year of 
        active service in the Lighthouse Service, or in a department or 
        branch of the Government having a retirement system, not to 
        exceed thirty-fortieths of such average annual pay received.
            ``(2) Retirement before 55.--The retirement pay computed 
        under paragraph (1) for any officer or employee retiring under 
        this section shall be reduced by one-sixth of 1 percent for 
        each full month the officer or employee is under 55 years of 
        age at the date of retirement.
            ``(3) No allowance or subsistence.--Retirement pay under 
        this section shall not include any amount on account of 
        subsistence or other allowance.
    ``(e) Exception.--The retirement and pay provision in this section 
shall not apply to--
            ``(1) any person in the field service of the Lighthouse 
        Service whose duties do not require substantially all their 
        time; or
            ``(2) persons of the Coast Guard.
    ``(f) Waiver.--Any person entitled to retirement pay under this 
section may decline to accept all or any part of such retirement pay by 
a waiver signed and filed with the Secretary of the Treasury. Such 
waiver may be revoked in writing at any time, but no payment of the 
retirement pay waived shall be made covering the period during which 
such waiver was in effect.
    ``(g) Definition.--For the purposes of this section, the term 
`covered employee' means an officer or employee engaged in the field 
service or on vessels of the Lighthouse Service, except a person 
continuously employed in district offices or shop.''.
    (c) Conforming Amendment.--The table of sections for chapter 25 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 2531 the following:

``2532. Retirement of employees.''.

SEC. 7. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE 
              EMPLOYEES.

    (a) Benefit to Surviving Spouses.--Subchapter II of chapter 25 of 
title 14, United States Code, is amended by adding after section 2532 
the following:
``Sec. 2533. Surviving spouses
    ``The Secretary of the department in which the Coast Guard is 
operating shall pay $100 per month to the surviving spouse of a current 
or former employee of the Lighthouse Service in accordance with section 
2532 if such employee dies--
            ``(1) at a time when such employee was receiving or was 
        entitled to receive retirement pay under this subchapter; or
            ``(2) from non-service-connected causes after fifteen or 
        more years of employment in such service.''.
    (b) Transfers Related to Surviving Spouses of Lighthouse Service 
Employees.--
            (1) Subchapter II of chapter 25 of title 14, United States 
        Code, is amended by adding after section 2533 the following:
``Sec. 2534. Application for benefits''.
            (2)(A) Section 3 of chapter 761 of the Act of August 19, 
        1950 (33 U.S.C. 773), is redesignated as section 2534(a) of 
        title 14, United States Code, transferred to appear after the 
        heading of section 2534 of that title, and amended so that the 
        enumerator, section heading, typeface, and typestyle conform to 
        those appearing in other sections in title 14, United States 
        Code.
            (B) Section 2534(a), as so redesignated, transferred, and 
        amended is further amended by striking ``this Act'' and 
        inserting ``section 2533''.
            (3)(A) Section 4 of chapter 761 of the Act of August 19, 
        1950 (33 U.S.C. 774), is redesignated as section 2534(b) of 
        title 14, United States Code, transferred to appear after 
        section 2534(a) of that title, and amended so that the 
        enumerator, section heading, typeface, and typestyle conform to 
        those appearing in other sections in title 14, United States 
        Code.
            (B) Section 2534(b), as so redesignated, transferred, and 
        amended is further amended by striking ``the provisions of this 
        Act'' and inserting ``section 2533''.
            (4)(A) The proviso under the heading ``Payment to Civil 
        Service Retirement and Disability Fund'' of title V of division 
        C of Public Law 112-74 (33 U.S.C. 776) is redesignated as 
        section 2534(c) of title 14, United States Code, transferred to 
        appear after section 2534(b) of that title, and amended so that 
        the enumerator, section heading, typeface, and typestyle 
        conform to those appearing in other sections in title 14, 
        United States Code.
            (B) Section 2534(c), as so redesignated, transferred, and 
        amended is further amended by striking ``the Act of May 29, 
        1944, and the Act of August 19, 1950 (33 U.S.C. 771-775),'' and 
        inserting ``section 2533''.
    (c) Conforming Amendment.--The table of sections for chapter 25 of 
title 14, United States Code, is further amended by inserting after the 
item relating to section 2532 the following:

``2533. Surviving spouses.
``2534. Application for benefits.''.

SEC. 8. REPEALS.

    (a) In General.--The following provisions are repealed:
            (1) Section 4680 of the Revised Statutes of the United 
        States (33 U.S.C. 725).
            (2) Section 4661 of the Revised Statutes of the United 
        States (33 U.S.C. 727).
            (3) Section 4662 of the Revised Statutes of the United 
        States (33 U.S.C. 728).
            (4) The final paragraph in the account ``For Life-Saving 
        and Life-Boat Stations'' under the heading Treasury Department 
        in the first section of chapter 130 of the Act of March 3, 1875 
        (33 U.S.C. 730a).
            (5) Section 11 of chapter 301 of the Act of June 17, 1910 
        (33 U.S.C. 743).
            (6) Section 3 of chapter 371 of the Act of May 22, 1926 (33 
        U.S.C. 747a).
            (7) The first section of chapter 313 of the Act of February 
        25, 1929 (33 U.S.C. 747b).
            (8) Section 2 of chapter 103 of the Act of June 20, 1918 
        (33 U.S.C. 748).
            (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 
        U.S.C. 754a).
            (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 
        763a-1).
            (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 
        763-1).
            (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763-
        2).
            (13) The last two provisos under the heading Lighthouse 
        Service, under the heading Department of Commerce, in the first 
        section of chapter 161 of the Act of March 4, 1921 (41 Stat. 
        1417, formerly 33 U.S.C. 764).
            (14) Section 3 of chapter 215 of the Act of May 13, 1938 
        (33 U.S.C. 770).
            (15) The first section and section 2 of chapter 761 of the 
        Act of August 19, 1950 (33 U.S.C. 771 and 772).
    (b) Savings.--
            (1) Notwithstanding any repeals made by this section, any 
        individual beneficiary currently receiving payments under the 
        authority of any provisions repealed in this section shall 
        continue to receive such benefits.
            (2) Notwithstanding the repeals made under paragraphs (10) 
        and (11) of subsection (a), any pay increases made under 
        chapter 788 of the Act of October 29, 1949, and chapter 524 of 
        the Act of July 9, 1956, as in effect prior to their repeal 
        shall remain in effect.

            Passed the House of Representatives December 17, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

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