[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.