[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.

                          ____________________