[Congressional Record Volume 156, Number 83 (Friday, May 28, 2010)]
[Extensions of Remarks]
[Pages E986-E987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      UNFAIR TREATMENT OF FEDERAL POSTAL WORKERS IN AMERICAN SAMOA

                                 ______
                                 

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                         Thursday, May 27, 2010

  Mr. FALEOMAVAEGA. Madam Speaker, I rise to bring to your attention an 
amendment that I proposed to H.R. 5136, the National Defense 
Authorization Act for FY 2011, but unfortunately was not included for 
Floor consideration.
  This proposed measure would amend the appropriate section of the Non-
Foreign Area Retirement Equity Assurance Act of 2009, Subtitle B of 
Title XIX of Public Law 111-84, the National Defense Authorization Act 
for Fiscal Year 2010, to allow otherwise eligible workers in American 
Samoa to be paid territorial cost of living adjustment (TCOLA) rates 
that match the now frozen TCOLA rates applying to Guam.

[[Page E987]]

  Madam Speaker, just a year ago, the Non-Foreign Area Retirement 
Equity Assurance Act (NAREAA) was signed into law as part of the 
National Defense Authorization Act for Fiscal Year 2010 or Public Law 
111-84. In essence, COLA would be phased out and locality pay would be 
phased in over 3 years for all current and future Federal employees, 
regardless of whether or not they received COLA payments.
  Before last year, American Samoa was the only non-foreign area in 
which Federal employees did not receive COLA. Notwithstanding that by 
law, Federal employees in the U.S. Territory of American Samoa were 
eligible to receive COLA payments, OPM decided not to create a separate 
non-foreign COLA-designated area for American Samoa.
  This was especially frustrating given that American Samoa faces many 
of the same issues, driving higher prices for goods, services, and 
travel that face other territories in similar situations, and its 
seemed discriminatory that the Office of Personnel Management (OPM) has 
chosen not to provide COLA to Federal employees in American Samoa.
  These were the concerns that I continued to raise with OPM over the 
years but to no avail until last year and I want to thank my good 
friend from Hawaii, Senator Daniel Akaka for his leadership and efforts 
on this issue. As a result of NAREAA, GS and white-collar Federal 
employees in American Samoa are now receiving locality-pay.
  Madam Speaker, the enactment of Public Law 111-84 has made more 
glaring the discrepancy that continue to exist for USPS workers in 
American Samoa that were not receiving territorial cost of living 
adjustments (TCOLA) rates.
  Only Postal Inspectors and employees of the Postal Service Offfice 
Inspector General in non-goreign areas are receiving locality pay like 
other federal employees in the non-foreign areas. The rest of the USPS 
employees would continue to receive TCOLA payments.
  Unfortunately, USPS workers in American Samoa did not receive any 
adjustments called for under Public Law 111-84 as OPM has never 
designated American Samoa to receive TCOLA rates. Despite the fact that 
American Samoa by statute is eligible to receive TCOLA payments, OPM 
continues to deny American Samoa COLA-designation.
  Now that COLA is being phased out and we are now in the 10th pay 
period since locality pay kicked in and COLA rates have been frozen, it 
is highly unlikely OPM would ever establish American Samoa as a COLA 
area because there is not more COLA per se and other GS and white-
collar Federal employees in American Samoa are now receiving locality 
pay.
  Therefore, the intent of my amendment is to give the USPS employees 
in American Samoa the same TCOLA treatment accorded to USPS employees 
in Guam.
  Madam Speaker, as I have been saying throughout all these years, it 
seems unreasonable that OPM asserts that the cost of living in American 
Samoa is not high enough to justify payment of COLA when no survey has 
even been conducted in American Samoa. Especially, American Samoa is 
about 8,000 miles away from Washington, DC with unique economic 
challenges and issues.
  Madam Speaker, while my amendment was not accepted by the U.S. House 
Committee on Rules, nevertheless, I will continue to pursue a solution 
to this critical issue for the people of American Samoa.the people of 
American Samoa.

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