[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10278-H10280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FUNDING INSTRUCTION FOR SAFETY, HEALTH, AND SECURITY AVOIDS FISHING
EMERGENCIES ACT
Mrs. FLETCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4719) to amend the Federal share of the fishing safety
standards grants, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4719
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
[[Page H10279]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Mrs. Fletcher) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Mrs. FLETCHER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 4719, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Mrs. FLETCHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 4719.
This bill reestablishes a more gracious 75 percent non-Federal match
requirement for grants to support fishing safety training and research
programs to improve the safety of U.S. commercial fishing fleets.
Commercial fishing is one of the United States' most dangerous
occupations, with a fatality rate nearly 30 times higher than the
national average. Workers in the industry can face a wide variety of
hazards, depending on the vessel or fishery.
Research and training to address best practices for a specific fleet
and/or region are critical to ensure U.S. fishermen are receiving the
best possible information and training before they depart the pier.
There have been some recent successes in reducing fatal workplace
injuries within the commercial fishing industry, but targeted safety
research and training remain necessary and essential to maintain that
downward trend.
Over 23,000 commercial fishers work in the Gulf of Mexico. By
providing fishers, NGOs, academia, and businesses with access to
targeted Federal safety research and training grants, we are ensuring
that commercial fishing remains not only a career choice for Texans but
a less risky pursuit, as well.
This bipartisan bill was introduced by Representative Golden and has
attracted bipartisan cosponsors among other Transportation and
Infrastructure Committee members, including Representatives Young,
Pappas, and Pingree.
Mr. Speaker, I support H.R. 4719, and I urge my colleagues to join me
in passing this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4719 restores the Federal cost-share for the
Fishing Safety Training Grant Program and the Fishing Safety Research
Grant Program to 75 percent.
In 2010, Congress imposed additional safety requirements on U.S.
commercial fishing vessels and created these grant programs to assist
the fishing industry and fishermen in meeting the additional costs of
these requirements.
The grant programs were first funded in 2018. In 2018, Congress also
transferred responsibility for the programs to the Department of Health
and Human Services.
H.R. 4719 sets the Federal share of the grants to 75 percent and
extends the authorization for the grants through fiscal year 2021. The
Senate Commerce Committee reported a provision similar to H.R. 4719 in
its Coast Guard Authorization Act.
The bill also repeals and updates sections of the law dealing with
the former United States Lighthouse Service. The service became part of
the United States Coast Guard in 1939.
I commend Congressman Golden and the dean of the House, Don Young,
for introducing this bipartisan legislation. Of the 9 leading fishing
ports in the United States by volume, the gentleman from Alaska (Mr.
Young) represents 5 of them. Of the top 10 fishing ports by value, he
represents 6.
Mr. Speaker, I urge my colleagues to support the bill, and I reserve
the balance of my time.
Mrs. FLETCHER. Mr. Speaker, I yield such time as he may consume to
the gentleman from Maine (Mr. Golden), the sponsor of this legislation.
Mr. GOLDEN. Mr. Speaker, I rise today on behalf of our Nation's
fishermen and -women in support of H.R. 4719, the Funding Instruction
for Safety, Health, and Security Avoids Fishing Emergencies Act, the
FISH SAFE Act. This bipartisan, bicameral legislation will help ensure
that our Nation's fishermen have the resources and training they need
to stay safe on the job.
I introduced this legislation because I have heard too many stories
like Charlie Smith's. Charlie, an offshore lobsterman from Jonesport,
Maine, was 25 miles offshore pulling up traps when the rope snapped in
his pot hauler. As he tried to grab the line, the hauler ran his
fingers through, cutting two of them off. After the initial shock of
losing his fingers, he grabbed a bucket of saltwater to numb the pain.
After calling the Coast Guard, it took 3 hours for Charlie to get
medical attention.
This story is one of countless others I hear from the fishermen I
represent in Maine who are doing one of the most dangerous jobs in the
country.
According to the National Institute for Occupational Safety and
Health, a commercial fisherman is 23 times more likely to die on the
job than any other type of worker. From 2000 to 2016, an
[[Page H10280]]
estimated 204 fishermen have died, and that number has risen to at
least 224 in the past 3 years.
Despite these statistics, Congress decreased the Federal share of
funding for fishing safety training and research grants in the last
Coast Guard reauthorization bill. As a result, local organizations like
the Maine Coast Fishermen's Association, the Maine Lobstermen's
Association, and the Maine Lobstering Union have been left with higher
costs to organize and run these lifesaving safety programs.
That is why the dean of the House, Congressman Don Young, and I
introduced the FISH SAFE Act, which restores the Federal share of
fishing safety training back to 75 percent, fixing the decrease to 50
percent created in the most recent Coast Guard reauthorization. The
bill would also reauthorize the program, as my colleagues have said, at
$3 million per year from fiscal year 2019 through 2021 and make several
noncontroversial changes to provisions regarding authorities related to
the former United States Lighthouse Service.
From Alaska to Maine, fishermen put their lives on the line every day
to provide for their families and our communities. On the fishing piers
of Stonington, Jonesport, and Deer Isle, I have met too many fishermen
and lobstermen who have sustained serious injuries--lost fingers, deep
scars, concussions--or have had close calls on the job.
That is why I am so grateful to organizations like the Maine Coast
Fishermen's Association, the Maine Lobstermen's Association, and the
Maine Lobstering Union for stepping up and providing fishing
communities with the safety training to ensure that guys like Charlie
can reduce the risk to life and limb when out at sea.
This bill is a step to make sure that our Nation's workers, including
fishermen and -women, know that we have their backs.
I thank Congressman Don Young for working with me on this bill.
This, actually, is not the first bill that we have worked together on.
I appreciate the opportunity to work with him always, as well as
Chairman DeFazio, Ranking Member Graves, all the members of the
committee, and, in particular, their staffs, as well, for moving this
bill quickly through committee. We think it is particularly timely and
important for coastal communities.
Mr. Speaker, I urge all of my colleagues to support this important
bill.
Mr. BOST. Mr. Speaker, this, too, will likely be dealt with as
commonsense legislation, making sure that the grants are delivered and
that the proper amount of grants are delivered to make sure proper
safety occurs not only in the fishing industry, but we should move
forward to try to do that in all of our industries.
Mr. Speaker, I encourage the support of all of my colleagues, and I
yield back the balance of my time.
Mrs. FLETCHER. Mr. Speaker, I, too, believe this is commonsense
legislation, and I am pleased to see it brought to the floor today. I
support H.R. 4719, and I urge my colleagues to join me in passing this
important, bipartisan legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Texas (Mrs. Fletcher) that the House suspend the rules
and pass the bill, H.R. 4719, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. FLETCHER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________