[Congressional Record (Bound Edition), Volume 160 (2014), Part 12] [Extensions of Remarks] [Pages 16431-16433] [From the U.S. Government Publishing Office, www.gpo.gov]HISTORICAL RECORD OF OPINION EDITORIAL ON CANNED TUNA MADE BY CHILD LABOR ______ HON. ENI F. H. FALEOMAVAEGA of american samoa in the house of representatives Tuesday, December 2, 2014 Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for historical purposes, the following opinion editorial on canned tuna made by child labor. [From The Hill, Jan. 8, 2014] Tuna Firms Spar Over School Lunch Access (By Kevin Bogardus) The world's largest tuna companies are making a splash in Washington with a fight over rules that keep some catches out of school lunches. StarKist and Tri Marine are clashing with Bumble Bee and Chicken of the Sea over the Agriculture Department's strict Buy American standards for where tuna is cleaned, canned and shipped. Bumble Bee and Chicken of the Sea lose under the rules. Both companies have facilities that process tuna in the United States, but their product is also cleaned overseas. Under the USDA standards, their tuna cannot be served in schools, denying them access to a lucrative market. StarKist, on the other hand, has a major operation in the U.S. territory of American Samoa. Tri Marine is building up a new facility in the territory as well. The two factions are sparring over language in the House agricultural appropriations bill that would require the USDA to issue a report on how the department could revise its Buy American standards, including ``the option for less than 100 percent of the value of the tuna product be United States produced.'' The language could be slipped into the omnibus spending bill that lawmakers aim to release sometimes this week. If it becomes law, that report could clear the way for Bumble Bee and Chicken of the Sea to begin selling to schools. Millions of dollars in government sales are at stake, including for American Samoa, where tuna is a linchpin of the island economy. The fight over the provision has become bitter, with both sides hurling charges of child labor and inhumane working conditions at the other. ``I suspect most members don't have the facts yet on where Bumble Bee and Chicken of the Sea source their tuna. And if they would be informed, they would not be supportive of this language,'' said Jim Bonham, chairman of the government affairs practice at Manatt, Phelps & Phillips. Bonham lobbies for Tri Marine, founded in Singapore, and StarKist, which is headquartered in Pittsburgh but owned by Korea's Dongwon Industries. StarKist's tuna qualifies for the USDA's school nutrition program because it's processed in American Samoa, and Tri-Marine's catch should as well once its plant is up and running. But their competitors want in on the action. ``For years, we have been trying to revise these standards. So instead of 100 percent U.S. content, we would revise it down to 80 percent,'' said Jeff Pike, CEO of Pike Associates, which lobbies for Bumble Bee. ``We are buying fish from U.S. boats. We are working with U.S. fishermen. We have a U.S. factory and we are the only U.S.-owned major brand.'' Tuna purchases by the U.S. government represent a significant chunk of change. The USDA's purchases of canned and pouched tuna have equaled around $20 million per year over the past decade. The provision under scrutiny could upend that market, critics argue. ``The parameters of the study are so narrow, we know what the outcome will be. It asks them [the USDA] to come up with multiple options to erode the Buy American standards,'' Bonham said. Bumble Bee's advocate contends that changing the standards would simply bring competition to American Samoa's tuna industry. ``There is a lot of sympathy for American Samoa. I'm convinced, even with the change, the government will still buy tuna from American Samoa,'' Pike said. ``Tuna is high in protein. Tuna is low in fat. What is your objection to putting competition into the school lunch program so kids can eat more tuna fish?'' American Samoa has consolidated lobbying forces to protect its golden industry. Last summer, StarKist, Tri Marine, the Chamber of Commerce of American Samoa and others formed the Stronger Economy for American Samoa Coalition. The group has worked to promote American Samoa, including highlighting a Pittsburgh Post-Gazette op-ed by Pittsburgh Steeler Troy Polamalu that discussed the ``economic distress'' in the territory. Mark McCullough, a coalition spokesman, said loosening the Buy American standards would hurt American Samoa. ``Congress needs to be partnering with the islands' public and private industry leaders on a new economic development plan, not costing more Americans their jobs by weakening what it means to buy America,'' McCullough said. Del. Eni Faleomavaega (D), American Samoa's delegate on Capitol Hill, has sought to substitute the report language with his own measures that would target Bumble Bee and Chicken of the Sea. One proposal would have USDA study whether child labor was used to process tuna bought by the government. Faleomavaega's aides have given a PowerPoint presentation, obtained by The Hill, that cites human rights reports that blast Bumble Bee and Chicken of the Sea for using Thai facilities, where workers allegedly suffer terrible conditions while cleaning tuna. ``It is disgraceful to suggest that poor kids in Asia should be forced to provide tuna sandwiches for America's school lunch program. Bumble Beeware! It is time for America to know the truth about Bumble Bee and Chicken of the Sea,'' Faleomavaega said in a statement to The Hill. In opposition to the language, Faleomavaega has sent letters to select members of the House and Senate Agriculture panels, Appropriations agriculture subcommittees and to Senate Majority Leader Harry Reid (D-Nev.). The delegate has also asked for help from House Minority Leader Nancy Pelosi (D-Calif.), according to his office. ``I suspect most consumers don't want to buy child labor tuna. . . . Bumble Bee and Chicken of the Sea are kicking a hornet's nest here,'' Bonham said. StarKist's critics said the company has used the Thai plants as well, but its supporters say the company has made sure not to sell any foreign-processed tuna to the U.S. government. StarKist has had to contend with a Food and Drug Administration ``warning letter'' for poor workplace conditions in 2011. That halted its tuna sales to the USDA, but backers of the company say the issue has since been resolved. Bumble Bee and Chicken of the Sea also have their supporters in Congress. Rep. Linda Sanchez (D-Calif.) introduced legislation last year that would loosen the Buy American standards for tuna. ``It simply provides more flexibility to the Department of Agriculture's canned tuna purchasing program. The Tuna Competition Act is designed to bolster domestic industry,'' said Mattie Munoz, a Sanchez spokeswoman. Bumble Bee has a tuna canning plant in Santa Fe Springs, Calif.--based in Sanchez's district--that employs more than 300 workers. ``Congresswoman Sanchez is always happy to fight for job creators in the 38th District. However, it is important to note that this bill will help US tuna producers nationally,'' Munoz said. ____ [From The Hill, Jan. 14, 2014] Boycott Canned Tuna Made by Child Labor (By Rep. Eni Faleomavaega (D-American Samoa)) As an Asia-Pacific American and former chairman and current ranking member of [[Page 16432]] the House Foreign Affairs subcommittee on Asia and the Pacific, I hope that Congress and consumers will boycott efforts by Bumble Bee and Chicken of the Sea to introduce canned tuna made by child labor into America's school lunch program. Bumble Bee and Chicken of the Sea are disqualified from providing canned tuna to the Department of Agriculture's school lunch program because both companies clean their tuna in factories in Thailand, which use child, trafficked, and other forced and exploited labor. The Environmental Justice Foundation says ``the processing industry in Thailand does not just have a problem with human rights abuses, but is built on it.'' This brutal business practice is a gross violation of the Department of Agriculture's Buy America program and is simply un-American. USDA provisions exist to ensure that federal dollars are spent on products that are available and produced 100 percent in the United States. Buy America provisions also exist to ensure the highest quality goods are being purchased by the U.S. government, and they are being manufactured in a manner consistent with American policies as related to child labor, working conditions and wages. StarKist, which operates in the U.S. Territory of American Samoa, complies with Buy America provisions. At StarKist Samoa, our workers fully manufacture canned tuna from the whole fish through to the final, labeled product. On occasion, if enough whole fish is not available, StarKist has in the past used frozen loins to supplement the whole fish. However, in compliance with USDA regulations, StarKist uses segregated lines to make sure only whole fish processed 100 percent in the U.S. is used for the school lunch program. Despite misinformation put forward by Bumble Bee and Chicken of the Sea, American Samoa's workers are local citizens and legal residents from the neighboring country of Samoa. StarKist abides by U.S. labor and environmental laws, and pays workers in accordance with federal minimum wage standards as determined by the U.S. Congress, unlike tuna factories in Thailand where Bumble Bee and Chicken of the Sea clean their fish. In response to proponents who say there is no competition in America's school lunch program, Tri Marine is making a $50 million investment in American Samoa. Tri Marine intends to use the same business model as StarKist by cleaning the whole fish through to the final, labeled product. And as for those trying to take advantage of a temporary interruption of canned tuna to America's school lunch program due to a warning letter StarKist received from the Food and Drug Administration in 2011 about deviations from the Hazard Analysis and Critical Control of Point and Low Acid Food requirements, the suspension has been lifted and had nothing to do with the debate at hand. Furthermore, Bumble Bee and Chicken of the Sea have come under fire from the FDA due to problems with seams on their can lids not meeting safety standards. In 2013, both Bumble Bee and Chicken of the Sea issued a nationwide recall of their canned tuna products because their faulty seals could make the tuna vulnerable to spoilage and contamination, which could sicken consumers. Tragically, in 2012, a tuna worker was cooked to death at Bumble Bee's plant in California, and the company was fined and cited for egregious safety violations. Once you unveil the truth, it is crystal clear that proponents of changing the Buy America requirements for canned tuna in our school lunch program are the same proponents who believe poor children should sweep floors in exchange for their lunch. It is bad enough that child labor and human rights abuses exist. But it is disgraceful to suggest that poor kids in Asia or anywhere else should be forced to provide tuna sandwiches for America's school lunch program. ____ [From The Hill, Jan. 28, 2014] The Buzz on Bumble Bee (By Del. Eni Faleomavaega (D-American Samoa)) Bumble Bee has been lobbying Capitol Hill since 2007 to introduce canned tuna made by child labor to America's schoolchildren and troops under the guise of creating competition, reducing prices for government agencies and increasing the presence of a healthy school lunch option for our children. Chicken of the Sea (COS) joined the effort in 2009. Both companies clean their tuna in low-wage countries like Thailand where human rights abuses, including the use of child labor, are rampant in the processing industry. Chicken of the Sea is owned by Thai Union, which is under investigation for employing 14- to 17-year-old migrants. Bumble Bee's supplier in Thailand is Sea Value, and Unicord is part of the Sea Value group, which is also under heavy criticism for the same human rights and child labor violations. Bumble Bee owns a 10 percent share in Sea Value. The U.S. Department of Agriculture (USDA) knows about human trafficking in the canned tuna industry and said no to the guise. However, with the support of Rep. Jack Kingston (R- Ga.), Bumble Bee and COS succeeded in getting language inserted in the Consolidated Appropriations Act of 2014, which now requires the USDA to submit a report within 60 days regarding potential ways that would allow a revision of the Master Solicitation for Commodity Procurements for the purchase of canned tuna. This is just a disingenuous way of requesting that the USDA weaken the USDA's 100 percent Buy America provisions and permit canned tuna made by child labor into America's school lunch program. In response, I called for a boycott on Jan. 14. And on Jan. 15, Rep. Kingston, who is my friend, clarified his intent regarding Buy America provisions. As reported by The Atlanta Journal-Constitution, Kingston stated, ``I think the concern is, what can you do to not necessarily go into the Buy American provision, but are there alternatives?'' On Jan. 16, Chris Lischewski--CEO of Bumble Bee--perhaps troubled that he may be losing Kingston's support, buzzed all about how Bumble Bee uses companies in Thailand to clean some of its tuna (The Hill's Congress blog: ``Sorry, Charlie, but that's a fishy story'') and how he ``knows'' those companies don't violate child labor standards because they sign a statement saying they don't. Every schoolchild in America knows you can't rely on an offender to tell the truth about whether or not they have offended. According to the Environmental Justice Foundation, Thailand's processing workforce is ``90 percent migrant and a large proportion is unregistered and trafficked.'' As acknowledged by Thailand, its government cannot account for the well-being of its migrant workers. The U.S. Department of Labor reported in 2012 that ``the Government [of Thailand] lacks current nationwide data on child labor . . . and children continue to be engaged in the worst forms of child labor, including in hazardous activities in . . . seafood processing.'' And so, while Chicken of the Sea and Bumble Bee opt to continue the un-American practice of having their canned tuna made by child labor in Thailand. StarKist chooses to clean its tuna in American Samoa. And yes, unlike Lischewski, every schoolchild in America also knows that American Samoa is part of the United States. Canned tuna supplied by StarKist for America's school lunch program is 100 percent made in the USA. On the rare occasion that StarKist uses frozen loins, it maintains a separate, segregated line in accordance with USDA guidelines to assure no frozen loins or foreign-cleaned fish is used in America's school lunch program. StarKist, a U.S. corporation and a subsidiary of the Dongwon Group of South Korea, abides by all U.S. labor and environmental laws. As for monopolies, according to a Government Accountability Office report, since 2006, companies like Bumble Bee that use child labor to make their canned tuna operate at a $7.5 million per year advantage and climb over companies like StarKist that make their canned tuna in the USA. Regarding safety standards, in 2013, both Chicken of the Sea and Bumble Bee issued a nationwide recall of their canned tuna products because their faulty seals could make the tuna vulnerable to spoilage and contamination, which could sicken consumers. Tragically, in 2012, a tuna worker was cooked to death at Bumble Bee's plant in California, and the company was fined and cited for egregious safety violations. And so, while Bumble Bee's slogan may be Eat, Live and BeeWell, I believe consumers should consider a new label for a company so intent on selling tuna made by child labor to America's school children and troops: Bumble Bee Ware. ____ [For Immediate Release, Mar. 16, 2014] Bumble BeeWare, Why America's School Kids Should Just Say No to Tuna Sandwiches Made by Child Labor The WSJ opines about how fish is brain food and ought to be served up in school cafeterias. I would agree except for the whale of a tale the WSJ has penned up about Bumble Bee and Chicken of the Sea. The WSJ reports that the FDA found StarKist's American Samoa processing operation wasn't up to health standards, and that's why we have no tuna in school cafeterias. Only last year, Chicken of the Sea and Bumble Bee issued a nationwide recall of their canned tuna due to spoilage and contamination. In 2012, an employee was cooked to death at Bumble Bee's plant in California. Bumble Bee has little regard for its workers much less kids here or abroad, and neither does Chicken of the Sea. Both companies use child labor in Thailand to clean their tuna. Asian kids and other exploited workers are paid approximately $0.75 cents an hour to manually cut off the head, fins, and tail, and scrape off the skin. After the hard work is done, Bumble Bee and Chicken of the Sea ship the clean tuna back to the U.S. where about 200 workers in California and 200 in Georgia are paid to $12 to $18 an hour to put it in a can. By hook or crook both companies then claim they're American as apple pie and ought to be able to provide canned tuna for the USDA's 100% Buy America school lunch [[Page 16433]] program. Thankfully, reputable human rights organizations, including FinnWatch, and renowned human rights activists like Andy Hall, who is known to Nobel Peace Prize winner and Congressional Gold Medal recipient Aung San Suu Kyi, have documented the fraud. Chicken of the Sea is owned by Thai Union, the world's largest tuna exporter. Bumble Bee is supplied by and has interest in the Sea-Value owned Unicord factory in Thailand. FinnWatch found that both factories in Thailand employed 14- to 17-year old migrants. More than half of those interviewed reported workplace abuses including physical and verbal harassment, dangerous working conditions, high employment registration fees, and confiscation of passports. When your work papers and passports are confiscated, you become a slave to your employer. This is why the U.S. State Department's 2013 Trafficking in Persons (TIP) report underscores that ``the risk of labor trafficking among Burmese migrant workers in the seafood industry in [Thailand]'' is high; ``57 percent of those surveyed experienced conditions of forced labor.'' The AFL-CIO has filed a petition with the U.S. Trade Representative asking that the trade preferences for Thailand be suspended or terminated because the government in that country has failed to take meaningful steps to address worker and human rights abuses in a number of sectors, including seafood processing, or fish cleaning. Wal-Mart should also call for a boycott and take canned tuna made by Bumble Bee and Chicken of the Sea off their shelves. Most of all, the USDA shouldn't feed canned tuna made by child labor to America's school kids. Neither should Congress. It would be un-American to do so. StarKist, a subsidiary of a Korean company, is headquartered in Pennsylvania, USA and cleans its tuna in the U.S. Territory of American Samoa where our sons and daughters have served in record numbers in every U.S. military engagement from World War II to present. Our enlistment rates per capita are one of the highest in any State or Territory. Yes, StarKist employs our cousins from the neighboring island of Samoa, but we don't employ children, and we don't pay workers $0.75 cents and less per hour. Our employees are legal residents, paid in accordance with federal minimum wage laws and our canneries abide by all U.S. laws and regulations. That's why canned tuna made in American Samoa qualifies for the USDA's 100% Buy America school lunch program. Once upon a time, Chicken of the Sea and Bumble Bee also qualified. For more than 50 years, Chicken of the Sea operated in American Samoa and Bumble Bee in Puerto Rico. In 2009, Chicken of the Sea closed its operations, outsourced more than 2,000 jobs to its parent company in Thailand, and set up a skeletal crew in Georgia USA. In 2012, Bumble Bee left Puerto Rico, also outsourced American jobs to Thailand, and now keeps a small crew in California. By choice, neither company qualifies anymore to sell canned tuna to America's school kids because by choice their tuna is no longer 100% Made in the USA. And that's why Chicken of the Sea and Bumble Bee are having a tuna meltdown. ____________________