[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3583
To provide for a subsidy to sellers and buyers of fish directly
delivered to American Samoa from vessels with United States fisheries
endorsements that manufacture for the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2009
Mr. Faleomavaega introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for a subsidy to sellers and buyers of fish directly
delivered to American Samoa from vessels with United States fisheries
endorsements that manufacture for the United States.
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 ``American Samoa Protection of
Industry, Resources, and Employment Act'' or ``ASPIRE Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds the following:
(1) The tuna processing and manufacturing industry is by
far the largest private-sector base of employment in American
Samoa and serves as the critical foundation for the overall
economy of American Samoa. The unique local economy created by
the operation of tuna canneries is largely irreplaceable as an
employment base. The canneries currently provide 80 percent of
private sector employment in American Samoa, and generate more
than $80,000,000 (30 percent) of the territory's income from
labor according to a recent Department of Labor report. Most
other private sector jobs in American Samoa provide goods or
services to the tuna processors. Moreover, the economic growth
of many other private sector employers in the consumer retail
and service sectors is tied either directly or indirectly to
the tuna industry.
(2) Over the past 30 years, direct employment growth in the
fish processing industry has accounted for more than one-third
of total job growth in American Samoa. Moreover, a recent study
reflects that every job added to or subtracted from the economy
by a change in employment in the tuna processing industry adds
or subtracts another 0.47 jobs from other sectors of American
Samoa's economy, the so-called ``multiplier effect''.
(3) An important component of the tuna processing
industry's multiplier effect is derived from direct delivery of
tuna by fishing vessels to American Samoa for processing, which
results in revenue for the territory from visitor expenditures
on vessel refueling, repair, and other shipyard services,
stevedores, fishing net repairs, lodging, dining, and a host of
other services. Unfortunately, while having provided limited
economic benefit through indirect deliveries which ensured a
constant supply of fish to the canneries, the large majority of
the eligible fleet which fishes under the auspices of a United
States flag and United States license no longer provides direct
delivery or economic benefit to American Samoa, where many of
them are home-ported, choosing rather to deliver their catch to
massive carrier ships for purposes of transshipping their fish
to be cleaned in low-wage labor rate countries.
(4) Due to low-wage labor rates of 0.60 cents and less per
hour for tuna cannery workers in competing countries, increased
transportation and energy costs, decreased volumes of direct-
delivered fish to American Samoa, recent Federal minimum wage
policy changes that have resulted in mandatory annual wage
increases, heavy foreign competition for United States market
share in the tuna industry, and a number of other issues, one
of American Samoa's tuna canneries has announced that it will
shut down by September 2009. This closure will result in job
loss for nearly 40 percent of the territory's private sector
employees, as well as increased energy, shipping, and food
costs for the remaining businesses and public entities because
the canneries help subsidize the costs of these industries.
(5) Closure of the remaining tuna processing plant would
result in job loss for another 40 percent of private sector
employees, and a recent study of the territory's economy
concluded that closure of the remaining tuna processing plant
would result in total job loss of 44 percent of all employment
in the territory, leaving the American Samoan Government, which
receives significant operational and capital grants from the
Federal Government, as the territory's only significant
employer.
(6) Due to present dependence on the canneries and Federal
aid, if both canneries leave American Samoa, only direct
Federal assistance will remain to bridge the gap left by the
loss of approximately $80,000,000 in private sector income from
the tuna canneries.
(7) The Department of the Interior has previously reported
to Congress that in the absence of the revenue derived from the
canneries, American Samoa, with its population of nearly
70,000, will be ``almost wholly dependent'' on direct
assistance from the Federal Government, warning that the
American Samoan economy will be ``devastated'';
(8) Having served, starting at the turn of the last
century, as an important refueling station for American ships
in the South Pacific, American Samoa has long held a position
of strategic and historic importance to the United States, and
over the years, American Samoans have sacrificed to help keep
our country free, with many serving in the United States
military.
(9) In March 2006, it was reported to Congress that the
sacrifice of American Samoa in the Iraq war was
disproportionate to the territory's small size, as residents of
the territory were 15 times more likely to be killed in action
in Iraq than residents of the United States as a whole.
(b) Policy.--The Federal Government should provide employment
stabilization and economic development assistance to the people of
American Samoa, including incentives for the continued operation and
development of American Samoa's tuna processing industry, as the
territory now faces severe economic conditions.
SEC. 3. EXPANSION OF GENERAL TECHNICAL ASSISTANCE TO AMERICAN SAMOA.
Section 601 of the Act of December 24, 1980 (48 U.S.C. 1469d(d)) is
amended by inserting at the end the following:
``(e) Employment Security and Economic Development Assistance for
American Samoa.--
``(1) Technical assistance grants.--
``(A) The Secretary of the Interior is further
authorized to provide technical assistance to the
territory of American Samoa in the form of grants to
sellers and buyers of whole tuna directly delivered to
tuna processors located within American Samoa for
processing in American Samoa, in the following amounts:
``(i) For each processor of whole tuna
directly delivered to American Samoa for
processing, as `processing' is defined in
paragraph (6)(B): $200 per metric ton, provided
that this amount shall be adjusted each May 25
by a ratio equal to the ratio of any increase
in the federal minimum wage for American Samoa
as compared to the Federal minimum wage in
American Samoa the prior year.
``(ii) For each fishing vessel with a
United States fishery endorsement (issued
pursuant to section 12113 of title 46, United
States Code) and which is otherwise authorized
to fish for tuna in areas under the authority
of the Western Pacific Regional Fishery
Management Council or areas covered by the
United States South Pacific Tuna Treaty, or
which has an American Samoa Longline Limited
Access Permit (issued pursuant to the Fishery
Management Plan for Pelagic Fisheries of the
Western Pacific Region established under the
authority of section 1801 et seq. of title 18,
United States Code): $200 per metric ton.
``(iii) For each fishing vessel that does
not meet the requirements of clause (ii) but is
United States-documented pursuant to section
12103 of title 46, United States Code, and is
otherwise authorized to fish for tuna in areas
under the authority of the Western Pacific
Regional Fishery Management Council or areas
covered by the United States South Pacific Tuna
Treaty: $100 per metric ton.
``(B) A recipient of a grant under this subsection
may be eligible either as a seller of direct-delivered
whole tuna or as a processor buying direct-delivered
whole tuna, but not both.
``(C) Grants provided under this subsection shall
not be considered as gross income of the recipient for
purposes of the Internal Revenue Code of 1986.
``(D) Grant amounts provided under this subsection
shall not be subject to reduction by the Secretary for
any operation or maintenance set aside.
``(2) Collection of annual and transfer fees for the
benefit of economic development in american samoa.--
``(A) All vessels meeting the requirements of
clauses (ii) and (iii) of paragraph (1)(A) shall be
subject to a $250,000 annual fee due and payable to the
United States Treasury on January 31 each year for the
immediately prior calendar year. This annual fee shall
be waived for any calendar year for which the vessel
certifies to the Secretary that the vessel has made not
less than three direct deliveries in that calendar year
of whole tuna to processors on American Samoa for
processing in American Samoa.
``(B) Any vessel that is--
``(i) United States-documented pursuant to
section 12103 of title 46, United States Code;
``(ii) authorized to fish for tuna under
the United States South Pacific Tuna Treaty;
and
``(iii) delivers tuna to another vessel or
other location for the purposes of
transshipment,
shall be subject to a fee of 6.25 percent per metric
ton per each such delivery, regardless of the date
payment is received for the delivery. This fee shall be
payable to the United States Treasury and shall be due
no later than 30 days after the date of delivery.
``(3) Creation of the american samoa economic development
trust fund.--
``(A) There is created within the Treasury of the
United States a trust fund to be known as the `American
Samoa Economic Development Trust Fund' (in this
subsection referred to as the `Trust Fund'), consisting
of such amounts as may be credited or appropriated to
the Trust Fund under this subsection or any other
provision of law.
``(B) There is hereby appropriated to the Trust
Fund amounts equivalent to the amounts received in the
Treasury pursuant to subparagraphs (A) and (B) of
paragraph (2).
``(C) The Trust Fund shall be administered by the
Office of Insular Affairs of the Department of
Interior. The Office of Insular Affairs shall pay
monies from the Trust Fund to carry out the purposes of
paragraph (1)(A) of this subsection. The Office of
Insular Affairs may use any excess amounts to provide
financial assistance to the territory of American Samoa
in accordance with any of the Office's existing or
future programs.
``(4) Rulemaking.--Not later than 180 days after the date
of the enactment of this Act but prior to May 1, 2010,
whichever comes first, the Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out the provisions of this subsection.
Such regulations shall provide that the Technical Assistance
Division of the Office of Insular Affairs shall be responsible
for administering the provisions of this subsection and may not
delegate its duties with regard to this subsection to any
person or entity outside the Department of the Interior.
``(5) Authorizations and appropriations.--
``(A) There is hereby authorized and appropriated
to the Secretary of the Interior $25,000,000 for fiscal
year 2010 to carry out the purposes of paragraph
(1)(A). Further, there is hereby authorized such annual
sums as may be necessary to carry out the purposes of
paragraph (1)(A) in fiscal years after 2010. Sums
appropriated pursuant to this subparagraph (A) shall
remain available until expended, and shall not be
available for administration of this subsection by the
Department of the Interior.
``(B) There is authorized to be appropriated to the
Secretary $300,000 for the Salaries and Expenses
account of the Office of Insular Affairs to carry out
the duties of the Office of Insular Affairs under this
subsection, which amount shall remain available until
expended and shall be in addition to any other amount
appropriated to the Secretary for the Office of Insular
Affairs.
``(6) Definitions.--As used in the subsection-
``(A) Direct delivery.--The term `direct delivery'
means whole tuna caught by and moved from a fishing
vessel that meets the criteria in clause (ii) or (iii)
of paragraph (1)(A) directly to a processing facility
located in American Samoa, for preparation for end-user
consumption in the United States and its territories,
which shall include placing the product in consumer-
ready packaging. `Direct delivery' excludes the
delivery of frozen tuna loins.
``(B) Transshipment.--The term `transshipment'
means unloading any or all of the fish on board a
fishing vessel onto another vessel or entity for the
purpose of transporting that fish to another location
for processing.''.
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