[Congressional Record Volume 159, Number 118 (Tuesday, September 10, 2013)]
[House]
[Pages H5453-H5454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AMENDMENT TO PUBLIC LAW 93-435 WITH RESPECT TO NORTHERN MARIANA ISLANDS

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (S. 256) to amend Public Law 93-435 with respect to 
the Northern Mariana Islands, providing parity with Guam, the Virgin 
Islands, and American Samoa.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 256

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

     SECTION 1. AMENDMENT.

       (a) In General.--The first section and section 2 of Public 
     Law 93-435 (48 U.S.C. 1705, 1706) are amended by inserting 
     ``the Commonwealth of the Northern Mariana Islands,'' after 
     ``Guam,'' each place it appears.
       (b) References to Date of Enactment.--For the purposes of 
     the amendment made by subsection (a), each reference in 
     Public Law 93-435 to the ``date of enactment'' shall be 
     considered to be a reference to the date of the enactment of 
     this section.

     SEC. 2. ADJUSTMENT OF SCHEDULED WAGE INCREASES IN THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       Section 8103(b)(1)(B) of the Fair Minimum Wage Act of 2007 
     (29 U.S.C. 206 note; Public Law 110-28) is amended by 
     striking ``2011'' and inserting ``2011, 2013, and 2015''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from the Northern Mariana 
Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             GENERAL LEAVE

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, S. 256 would amend the 1974 law to convey certain 
submerged lands in the Commonwealth of the Northern Mariana Islands. 
Under this bill, the territory would have the administrative authority 
over lands covered by tidal waters out to 3 nautical miles, giving it 
parity with the other United States territories of Guam, the Virgin 
Islands, and American Samoa. Comparable control of the seabed has been 
also granted to coastal States under the Submerged Lands Act. On May 
15, the House passed similar legislation by a voice vote.
  S. 256 also contains an amendment to delay in the Commonwealth of the 
Northern Mariana Islands an annual minimum wage increase of 50 cents. 
Under the new formula in this bill, a 50-cent minimum wage bump would 
still occur in 2014, with annual increases starting in 2016, until the 
Federal minimum wage is reached. The territory has asked for a deferral 
on this because its economy cannot currently sustain the minimum wage 
increases that are current law at this time.
  I want to thank Chairman Kline of the Committee on Education and the 
Workforce and his able staff for their assistance in scheduling this 
bill for consideration today as the minimum wage matter is under that 
committee's jurisdiction.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of S. 256. The bill conveys to the Commonwealth of 
the Northern Mariana Islands 3 miles of surrounding submerged lands, 
providing parity with America's other coastal States and territories.
  S. 256 also provides for a hiatus in 2013 and 2015 of the annual 50-
cent increase in minimum wage in the Northern Marianas, while retaining 
the mandate to reach the Federal level.
  I want to thank the chairman of the Senate Energy and Natural 
Resources Committee, Ron Wyden, and Ranking Member Lisa Murkowski for 
introducing S. 256 at my request. Its companion, H.R. 573, passed the 
House unanimously in May of this year, as did predecessor bills in the 
111th and the 112th Congresses.
  Thanks also to leaders and staff from both sides of the aisle: 
Chairman Doc Hastings of the House Natural Resources Committee and 
Ranking Member Peter DeFazio; Chairman John Fleming on the Fisheries, 
Wildlife, Oceans, and Insular Affairs Subcommittee; and the chairman on 
the Education and the Workforce Committee, John Kline, and Ranking 
Member George Miller. Their assistance reflects a longstanding 
tradition of treating territorial issues as essentially nonpartisan.
  To summarize briefly, the Northern Mariana Islands is the only U.S. 
coastal jurisdiction that does not have ownership of the submerged 
lands off its coast. S. 256 corrects that irregularity and provides the 
same ownership rights over the submerged lands surrounding the Northern 
Marianas as are provided by Federal law to Guam, the U.S. Virgin 
Islands, and American Samoa.
  Additionally, S. 256 reschedules the rate of increase of the minimum 
wage in the Northern Mariana Islands, but it retains the mandate to 
reach the Federal minimum wage level, which will occur in 2018. The 
wage has risen 82 percent since 2007--16.5 percent each year.
  The Government Accountability Office has reported uncertainty over 
how this rapid change affects the local economy, especially given the 
negative GDP in most of those years. Congress previously provided for 
the scheduled 2011 increase to be skipped. In light of continuing 
unpredictability of the impact of annual increases on an economy where 
as much as 80 percent of the hourly paid workforce will be affected, 
similar deferrals of the 2013 and 2015 increases are advisable.
  I ask for Members to support S. 256 today as the House has supported 
these same proposals in the past.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield 2 
minutes to the gentleman from Mississippi (Mr. Harper).
  Mr. HARPER. Mr. Speaker, I rise in support of S. 256, and would like 
to speak also in support of the bill just considered, S. 304, a bill 
sponsored by a senior Senator of Mississippi, Thad Cochran.
  This legislation authorized the transfer of approximately 67 acres of 
unused Federal land originally envisioned to be part of the Natchez 
Trace Parkway to the State of Mississippi.
  The city of Natchez plans to use 37 acres for recreational purposes. 
It will improve the quality of life for the city's residents.

                              {time}  1315

  Without this legislation, this tract will continue to set idle.
  I would like to thank Chairman Hastings for his work in bringing this 
commonsense and worthy legislation to the House floor. I also would 
like to thank our senior Senator, Thad Cochran, for his tireless 
leadership for the State of Mississippi. There are numerous individuals 
behind the scenes that have worked tirelessly for the city of Natchez 
to gain access to and the right to utilize this land over the years, 
and S. 304 will show that their hard work has finally paid off.
  I urge my colleagues to continue to support this legislation.
  Mr. SABLAN. Mr. Speaker, at this time I would like to yield such time 
as he may consume to my friend, the distinguished gentleman from 
American Samoa (Mr. Faleomavaega).
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I would first like to thank and 
commend the chairman of our Natural Resources Committee, Doc Hastings, 
for his leadership and for his support of this piece of legislation, 
and especially

[[Page H5454]]

also my good friend, the gentleman representing the Northern Mariana 
Islands.
  Mr. Speaker, I rise today in support of S. 256, a bill to amend 
Public Law 93-435 with respect to the Northern Mariana Islands, 
providing parity with Guam, the Virgin Islands, and American Samoa. I 
want to thank Chairman Wyden and Ranking Member Murkowski of the Senate 
Committee on Energy and Natural Resources for their work on this 
bipartisan piece of legislation. I also want to thank the Senate for 
finally taking action on this issue and passing S. 256 via unanimous 
consent last month.
  As I said earlier, I would be remiss if I did not commend my good 
friend, Congressman Sablan, for his tireless efforts on this issue and 
all other matters affecting the Northern Mariana Islands since he took 
office in 2009.
  Mr. Speaker, this piece of legislation will appropriately convey 3 
miles of offshore submerged lands to the Northern Mariana Islands. As 
you may know, submerged lands qualify as lands permanently or 
periodically covered by tidal waves up to but not above the line of 
high tide. The territories of American Samoa, Guam, and the Virgin 
Islands were granted ownership over our own respective submerged lands 
when the Congress passed the Territorial Submerged Lands Act in 1974. 
This was before CNMI became a territory of the United States.
  S. 256 is in response to an unfortunate decision by the Ninth Circuit 
Court of Appeals in 2005 that ruled that the submerged lands off the 
coast of CNMI did not belong to the Commonwealth but belonged to the 
Federal Government. The language guarantees that the Federal Government 
maintains the same rights over navigation, international affairs and 
commerce. Furthermore, it does not circumvent any actions that may have 
been taken or regulations that have been put forward by U.S. naval 
authorities regarding these submerged lands.
  This issue is not new to us. The House has passed similar legislation 
since the 111th Congress. The citizens and officials of CNMI, instead 
of officials residing thousands of miles away, should be implementing 
and enforcing laws that apply to their population. We should move 
forward and allow CNMI to utilize these resources that are rightfully 
theirs and allow them to engage and promote economic activities in 
these areas. I urge my colleagues to support this legislation.
  Mr. HASTINGS of Washington. Mr. Speaker, I would advise my friend 
from the Northern Marianas that I have no more requests for time, and I 
am prepared to yield back if the gentleman is prepared to yield back.
  Mr. SABLAN. Mr. Speaker, I have no further speakers, but I would like 
to thank Doc Hastings for a wonderful way of managing bills. This is 
probably at the fastest pace, and we should do this more often.
  I yield back the balance of my time.
  Mr. HASTINGS of Washington. I thank the gentleman for his compliment, 
and I urge adoption of the bill.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of S. 
256.
  This legislation includes provisions adjusting the minimum wage 
schedule for the Commonwealth of the Northern Marianas Islands in a way 
that I think is appropriate and fair for both workers and businesses 
there.
  Current law requires CNMI to increase its minimum wage 50 cents a 
year until it reaches the Mainland's federal minimum wage level of 
$7.25. Current law also requires the GAO to regularly report to 
Congress on economic conditions in Commonwealth over the course of 
these minimum wage adjustments.
  These GAO reports are intended to give the public information so 
that, based on sound economic analysis, Congress can adjust the minimum 
wage schedule for the territories if warranted.
  The next GAO report is due in April of 2014.
  Since 2007 the Commonwealth's minimum wage has increased from $3.05 
an hour to $5.55 an hour, an 82% increase in the past 5 years. This has 
brought new purchasing power and a higher standard of living for many 
workers than they could have negotiated on their own.
  This bill would skip an increase in the minimum wage in CNMI for 2013 
and 2015, while still requiring increases in 2014, 2016 and subsequent 
years.
  This approach was recommended by the Saipan Chamber of Commerce.
  The Chamber stated in a May 8th letter that given the fragile economy 
in CNMI ``spreading the wage jumps over a two-year period seems 
prudent.''
  This legislation is also recommended by Congressman Sablan, a 
tireless advocate for workers and for improving the Commonwealth's 
economy.
  Because CNMI's wages had been depressed for so long, it is a long 
march of nearly a decade to more than double their minimum wage. In a 
territory like CNMI, we have recognized that we would need to be 
flexible with the wage rate schedule over that time frame, as 
conditions warranted.
  Today's bill reflects that need for flexibility. It allows us to 
review the next GAO economic analysis for CNMI before another wage 
increase takes effect.
  Because of CNMI's unique economic circumstances and relatively 
undiversified economy, it is appropriate for Congress to adjust the 
minimum wage schedule in response to changing economic conditions, 
while keeping our long-term commitment to reaching parity with the 
federal minimum wage.
  I urge my colleagues to support S. 256.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, S. 256.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________