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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

HR 4719 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Funding Instruction 

3 for Safety, Health, and Security Avoids Fishing Emer4 gencies Act’’ or the ‘‘FISH SAFE Act’’. 

5 SEC. 2. AMENDMENT OF FEDERAL SHARE OF THE FISHING 

6 SAFETY STANDARDS GRANTS. 

7 (a) AMENDMENT.—Section 4502 of title 46, United 

8 States Code, is amended— 

9 (1) in subsection (i)(3), by striking ‘‘50’’ and 

10 inserting ‘‘75’’; and 

11 (2) in subsection (j)(3), by striking ‘‘50’’ and 

12 inserting ‘‘75’’. 

13 (b) RETROACTIVE EFFECTIVE DATE.—The amend14 ment made by subsection (a) takes effect on the day after 

15 the date of enactment of the Frank LoBiondo Coast 

16 Guard Authorization Act of 2018 (Public Law 115–282). 

17 SEC. 3. COST SHARE. 

18 The cap on the Federal share of the cost of any activ19 ity carried out with a grant under subsections (i) and (j) 

20 of section 4502 of title 46, United States Code, as in effect 

21 prior to the date of enactment of the Frank LoBiondo 

22 Coast Guard Authorization Act of 2018 (Public Law 115– 

23 282), shall apply to any funds appropriated under the 

24 Consolidated Appropriations Act, 2017 (Public Law 115– 

25 31) for the purpose of making such grants. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

HR 4719 RFS

1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS AMEND2 MENTS. 

3 Section 4502 of title 46, United States Code, is 

4 amended— 

5 (1) in subsection (i)(4), by striking ‘‘2019’’ and 

6 inserting ‘‘2021’’; and 

7 (2) in subsection (j)(4), by striking ‘‘2019’’ and 

8 inserting ‘‘2021’’. 

9 SEC. 5. AIDS TO NAVIGATION. 

10 (a) Section 541 of title 14, United States Code, is 

11 amended— 

12 (1) by striking ‘‘In’’ and inserting ‘‘(a) In’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b) In the case of pierhead beacons, the Com15 mandant may— 

16 ‘‘(1) acquire, by donation or purchase in behalf 

17 of the United States, the right to use and occupy 

18 sites for pierhead beacons; and 

19 ‘‘(2) properly mark all pierheads belonging to 

20 the United States situated on the northern and 

21 northwestern lakes, whenever the Commandant is 

22 duly notified by the department charged with the 

23 construction or repair of pierheads that the con24 struction or repair of any such pierheads has been 

25 completed.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

HR 4719 RFS

1 (b) Subchapter III of chapter 5 of title 14, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 548. Prohibition against officers and employees 

5 being interested in contracts for mate6 rials, etc. 

7 ‘‘No officer, enlisted member, or civilian member of 

8 the Coast Guard in any manner connected with the con9 struction, operation, or maintenance of lighthouses, shall 

10 be interested, either directly or indirectly, in any contract 

11 for labor, materials, or supplies for the construction, oper12 ation, or maintenance of lighthouses, or in any patent, 

13 plan, or mode of construction or illumination, or in any 

14 article of supply for the construction, operation, or mainte15 nance of lighthouses. 

16 ‘‘§ 549. Lighthouse and other sites; necessity and suf17 ficiency of cession by State of jurisdiction 

18 ‘‘(a) No lighthouse, beacon, public pier, or landmark, 

19 shall be built or erected on any site until cession of juris20 diction over the same has been made to the United States. 

21 ‘‘(b) For the purposes of subsection (a), a cession by 

22 a State of jurisdiction over a place selected as the site 

23 of a lighthouse, or other structure or work referred to in 

24 subsection (a), shall be deemed sufficient if the cession 


pamtmann on DSKBC07HB2PROD with BILLS
5 

HR 4719 RFS

1 contains a reservation that process issued under authority 

2 of such State may continue to be served within such place. 

3 ‘‘(c) If no reservation of service described in sub4 section (b) is contained in a cession, all process may be 

5 served and executed within the place ceded, in the same 

6 manner as if no cession had been made. 

7 ‘‘§ 550. Marking pierheads in certain lakes 

8 ‘‘The Commandant of the Coast Guard shall properly 

9 mark all pierheads belonging to the United States situated 

10 on the northern and northwestern lakes, whenever he is 

11 duly notified by the department charged with the construc12 tion or repair of pierheads that the construction or repair 

13 of any such pierhead has been completed.’’. 

14 (c) CONFORMING AMENDMENT.—The table of sec15 tions for chapter 5 of title 14, United States Code, is 

16 amended by inserting after the item relating to section 

17 547 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.’’. 

18 SEC. 6. TRANSFERS RELATED TO EMPLOYEES OF THE 

19 LIGHTHOUSE SERVICE. 

20 (a) Section 6 of chapter 103 of the Act of June 20, 

21 1918 (33 U.S.C. 763) is repealed. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

HR 4719 RFS

1 (b) Subchapter II of chapter 25 of title 14, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 2532. Retirement of employees 

5 ‘‘(a) OPTIONAL RETIREMENT.—Except as provided 

6 in subsections (d) and (e), a covered employee may retire 

7 from further performance of duty if such officer or em8 ployee— 

9 ‘‘(1) has completed 30 years of active service in 

10 the Government and is at least 55 years of age; 

11 ‘‘(2) has completed 25 years of active service in 

12 the Government and is at least 62 years of age; or 

13 ‘‘(3) is involuntarily separated from further per14 formance of duty, except by removal for cause on 

15 charges of misconduct or delinquency, after com16 pleting 25 years of active service in the Government, 

17 or after completing 20 years of such service and if 

18 such employee is at least 50 years of age. 

19 ‘‘(b) COMPULSORY RETIREMENT.—A covered em20 ployee who becomes 70 years of age shall be compulsorily 

21 retired from further performance of duty. 

22 ‘‘(c) RETIREMENT FOR DISABILITY.— 

23 ‘‘(1) IN GENERAL.—A covered employee who 

24 has completed 15 years of active service in the Gov25 ernment and is found, after examination by a medVerDate 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

1 ical officer of the United States, to be disabled for 

2 useful and efficient service by reason of disease or 

3 injury not due to vicious habits, intemperance, or 

4 willful misconduct of such officer or employee, shall 

5 be retired. 

6 ‘‘(2) RESTORATION TO ACTIVE DUTY.—Any in7 dividual retired under paragraph (1) may, upon re8 covery, be restored to active duty, and shall from 

9 time to time, before reaching the age at which such 

10 individual may retire under subsection (a), be reex11 amined by a medical officer of the United States 

12 upon the request of the Secretary of the department 

13 in which the Coast Guard is operating. 

14 ‘‘(d) ANNUAL COMPENSATION.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), The annual compensation of a person re17 tired under this section shall be a sum equal to one18 fortieth of the average annual pay received for the 

19 last three years of service for each year of active 

20 service in the Lighthouse Service, or in a depart21 ment or branch of the Government having a retire22 ment system, not to exceed thirty-fortieths of such 

23 average annual pay received. 

24 ‘‘(2) RETIREMENT BEFORE 55.—The retirement 

25 pay computed under paragraph (1) for any officer or 


pamtmann on DSKBC07HB2PROD with BILLS
8 

HR 4719 RFS

1 employee retiring under this section shall be reduced 

2 by one-sixth of 1 percent for each full month the of3 ficer or employee is under 55 years of age at the 

4 date of retirement. 

5 ‘‘(3) NO ALLOWANCE OR SUBSISTENCE.—Re6 tirement pay under this section shall not include any 

7 amount on account of subsistence or other allow8 ance. 

9 ‘‘(e) EXCEPTION.—The retirement and pay provision 

10 in this section shall not apply to— 

11 ‘‘(1) any person in the field service of the 

12 Lighthouse Service whose duties do not require sub13 stantially all their time; or 

14 ‘‘(2) persons of the Coast Guard. 

15 ‘‘(f) WAIVER.—Any person entitled to retirement pay 

16 under this section may decline to accept all or any part 

17 of such retirement pay by a waiver signed and filed with 

18 the Secretary of the Treasury. Such waiver may be re19 voked in writing at any time, but no payment of the retire20 ment pay waived shall be made covering the period during 

21 which such waiver was in effect. 

22 ‘‘(g) DEFINITION.—For the purposes of this section, 

23 the term ‘covered employee’ means an officer or employee 

24 engaged in the field service or on vessels of the Lighthouse 


pamtmann on DSKBC07HB2PROD with BILLS
9 

HR 4719 RFS

1 Service, except a person continuously employed in district 

2 offices or shop.’’. 

3 (c) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 25 of title 14, United States Code, is 

5 amended by inserting after the item relating to section 

6 2531 the following: 

‘‘2532. Retirement of employees.’’. 

7 SEC. 7. TRANSFERS RELATED TO SURVIVING SPOUSES OF 

8 LIGHTHOUSE SERVICE EMPLOYEES. 

9 (a) BENEFIT TO SURVIVING SPOUSES.—Subchapter 

10 II of chapter 25 of title 14, United States Code, is amend11 ed by adding after section 2532 the following: 

12 ‘‘§ 2533. Surviving spouses 

13 ‘‘The Secretary of the department in which the Coast 

14 Guard is operating shall pay $100 per month to the sur15 viving spouse of a current or former employee of the 

16 Lighthouse Service in accordance with section 2532 if 

17 such employee dies— 

18 ‘‘(1) at a time when such employee was receiv19 ing or was entitled to receive retirement pay under 

20 this subchapter; or 

21 ‘‘(2) from non-service-connected causes after 

22 fifteen or more years of employment in such serv23 ice.’’. 

24 (b) TRANSFERS RELATED TO SURVIVING SPOUSES

25 OF LIGHTHOUSE SERVICE EMPLOYEES.— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

HR 4719 RFS

1 (1) Subchapter II of chapter 25 of title 14, 

2 United States Code, is amended by adding after sec3 tion 2533 the following: 

4 ‘‘§ 2534. Application for benefits’’. 

5 (2)(A) Section 3 of chapter 761 of the Act of 

6 August 19, 1950 (33 U.S.C. 773), is redesignated as 

7 section 2534(a) of title 14, United States Code, 

8 transferred to appear after the heading of section 

9 2534 of that title, and amended so that the enu10 merator, section heading, typeface, and typestyle 

11 conform to those appearing in other sections in title 

12 14, United States Code. 

13 (B) Section 2534(a), as so redesignated, trans14 ferred, and amended is further amended by striking 

15 ‘‘this Act’’ and inserting ‘‘section 2533’’. 

16 (3)(A) Section 4 of chapter 761 of the Act of 

17 August 19, 1950 (33 U.S.C. 774), is redesignated as 

18 section 2534(b) of title 14, United States Code, 

19 transferred to appear after section 2534(a) of that 

20 title, and amended so that the enumerator, section 

21 heading, typeface, and typestyle conform to those 

22 appearing in other sections in title 14, United States 

23 Code. 

24 (B) Section 2534(b), as so redesignated, trans25 ferred, and amended is further amended by striking 


pamtmann on DSKBC07HB2PROD with BILLS
11 

HR 4719 RFS

1 ‘‘the provisions of this Act’’ and inserting ‘‘section 

2 2533’’. 

3 (4)(A) The proviso under the heading ‘‘Pay4 ment to Civil Service Retirement and Disability 

5 Fund’’ of title V of division C of Public Law 112– 

6 74 (33 U.S.C. 776) is redesignated as section 

7 2534(c) of title 14, United States Code, transferred 

8 to appear after section 2534(b) of that title, and 

9 amended so that the enumerator, section heading, 

10 typeface, and typestyle conform to those appearing 

11 in other sections in title 14, United States Code. 

12 (B) Section 2534(c), as so redesignated, trans13 ferred, and amended is further amended by striking 

14 ‘‘the Act of May 29, 1944, and the Act of August 

15 19, 1950 (33 U.S.C. 771-775),’’ and inserting ‘‘sec16 tion 2533’’. 

17 (c) CONFORMING AMENDMENT.—The table of sec18 tions for chapter 25 of title 14, United States Code, is 

19 further amended by inserting after the item relating to 

20 section 2532 the following: 

‘‘2533. Surviving spouses. 

‘‘2534. Application for benefits.’’. 

21 SEC. 8. REPEALS. 

22 (a) IN GENERAL.—The following provisions are re23 pealed: 


pamtmann on DSKBC07HB2PROD with BILLS
12 

HR 4719 RFS

1 (1) Section 4680 of the Revised Statutes of the 

2 United States (33 U.S.C. 725). 

3 (2) Section 4661 of the Revised Statutes of the 

4 United States (33 U.S.C. 727). 

5 (3) Section 4662 of the Revised Statutes of the 

6 United States (33 U.S.C. 728). 

7 (4) The final paragraph in the account ‘‘For 

8 Life-Saving and Life-Boat Stations’’ under the head9 ing Treasury Department in the first section of 

10 chapter 130 of the Act of March 3, 1875 (33 U.S.C. 

11 730a). 

12 (5) Section 11 of chapter 301 of the Act of 

13 June 17, 1910 (33 U.S.C. 743). 

14 (6) Section 3 of chapter 371 of the Act of May 

15 22, 1926 (33 U.S.C. 747a). 

16 (7) The first section of chapter 313 of the Act 

17 of February 25, 1929 (33 U.S.C. 747b). 

18 (8) Section 2 of chapter 103 of the Act of June 

19 20, 1918 (33 U.S.C. 748). 

20 (9) Section 4 of chapter 371 of the Act of May 

21 22, 1926 (33 U.S.C. 754a). 

22 (10) Chapter 642 of the Act of August 10, 

23 1939 (33 U.S.C. 763a–1). 

24 (11) Chapter 788 of the Act of October 29, 

25 1949 (33 U.S.C. 763–1). 


pamtmann on DSKBC07HB2PROD with BILLS
13 

HR 4719 RFS

1 (12) Chapter 524 of the Act of July 9, 1956 

2 (33 U.S.C. 763–2). 

3 (13) The last two provisos under the heading 

4 Lighthouse Service, under the heading Department 

5 of Commerce, in the first section of chapter 161 of 

6 the Act of March 4, 1921 (41 Stat. 1417, formerly 

7 33 U.S.C. 764). 

8 (14) Section 3 of chapter 215 of the Act of May 

9 13, 1938 (33 U.S.C. 770). 

10 (15) The first section and section 2 of chapter 

11 761 of the Act of August 19, 1950 (33 U.S.C. 771 

12 and 772). 

13 (b) SAVINGS.— 

14 (1) Notwithstanding any repeals made by this 

15 section, any individual beneficiary currently receiving 

16 payments under the authority of any provisions re17 pealed in this section shall continue to receive such 

18 benefits. 

19 (2) Notwithstanding the repeals made under 

20 paragraphs (10) and (11) of subsection (a), any pay 

21 increases made under chapter 788 of the Act of Oc22 tober 29, 1949, and chapter 524 of the Act of July 


pamtmann on DSKBC07HB2PROD with BILLS
14 

HR 4719 RFS

1 9, 1956, as in effect prior to their repeal shall re2 main in effect. 

Passed the House of Representatives December 17, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS