[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[Extensions of Remarks]
[Pages 16594-16596]
[From the U.S. Government Publishing Office, www.gpo.gov]




   HISTORICAL RECORD OF FEDERAL MINIMUM WAGE AFFECTING AMERICAN SAMOA

                                 ______
                                 

                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                      Wednesday, December 3, 2014

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for 
historical purposes, information on the timeline regarding the federal 
minimum wage issue affecting American Samoa as debated and discussed in 
the U.S. Congress.

       When the Democratic Party took control of both houses of 
     Congress following the 2006 elections, it promised to 
     increase the federal minimum wage to $7.25 per hour in its 
     ``first 100 hours'' on the floor. On January 10, 2007, the 
     House passes H.R. 2, the Fair Minimum Wage Act of 2007, by a 
     vote of 315-116. CNMI was included in the bill and subject to 
     annual increases until the Territory reached a rate of $7.25 
     per hour. American Samoa was excluded from the bill, meaning 
     Special Industry Committees would continue to determine 
     increases in American Samoa. False media reports begin to 
     circulate suggesting Speaker Pelosi excluded American Samoa 
     from H.R. 2 because Congressman Eni Faleomavaega (EF) is a 
     Democrat, and because Del Monte is contributing to the 
     Speaker's campaign. The media also implies that the Fair 
     Labor Standards Act (FLSA) does not apply to American Samoa. 
     A campaign begins to make American Samoa subject to the $7.25 
     federal minimum wage standard.
       On January 16, EF responds by informing the press and 
     Members of Congress that the FLSA has applied to American 
     Samoa since 1938 and that since 1956, under Section 5 and 8 
     of the FLSA, Special Industry Committees administered by the 
     Wage and Hour Division of the Department of Labor have 
     determined wage rates in American Samoa. EF asks for Special 
     Industry Committees to continue and for CNMI to be brought 
     under the Special Industry umbrella. EF also writes to 
     Senator Daniel Inouye, Senator Daniel Akaka and the following 
     Senators from the Senate Committee on Health, Education, 
     Labor and Pensions (HELP): Senator Lamar Alexander, Senator 
     Wayne Allard, Senator Jeff Bingaman, Senator Sherrod Brown, 
     Senator Richard Burr, Senator Hillary Clinton, Senator Tom 
     Coburn, Senator Chris Dodd, Senator Michael B. Enzi (Ranking 
     Member), Senator Judd Gregg, Senator Tom Harkin, Senator 
     Orrin Hatch, Senator Johnny Isakson, Senator Edward M. 
     Kennedy (Chairman), Senator Barbara Mikulski, Senator Lisa 
     Murkowski, Senator Patty Murray, Senator Barack Obama, 
     Senator Jack Reed, Senator Pat Roberts, and Senator Bernie 
     Sanders. EF also writes to Senate Majority Leader Harry Reid, 
     Rep. George Miller, Chairman, House Committee of Education 
     and the Workforce, Rep. Howard Buck McKeon, Ranking Member, 
     House Committee on Education and the Workforce, and Speaker 
     Pelosi. On January 18 and January 19, EF speaks out on the 
     House floor. On January 22, EF and Senator Inouye write 
     Senator Kennedy, Chairman of the Senate Committee on HELP, in 
     support of using Special Industry Committees to determine 
     wage rates for American Samoa and CNMI. On January 24, in an 
     attempt to make a stink about Democrats' minimum-wage and 
     territorial voting proposals, House Republicans take to the 
     Floor wearing white stickers of Charlie the Tuna with a 
     caption stating ``Something's Fishy!'' EF writes to Secretary 
     of the Interior Dirk Kempthorne. StarKist and Chicken of the 
     Sea write to EF. On January 30, the Senate passes wage bill.
       On February 5, EF writes to conferees in support of 
     strengthening Special Industry Committees, including Chairman 
     Kennedy and Ranking Member Enzi of the Senate HELP Committee, 
     and Ranking Member Howard ``Buck'' McKeon and Chairman Miller 
     of the House Committee on Education and the Workforce. On 
     March 12, EF writes to Chairman Miller. On March 15, minimum 
     wage bill is attached to Emergency Iraq War Supplemental 
     bill. Republican Mark Kirk also offers an amendment to extend 
     federal minimum wage rates to American Samoa by $0.50 cents 
     per hour every year until the Territory reaches the mainland 
     rate of $7.25 per hour. Amendment is accepted by House 
     Appropriations Committee. On March 15, EF writes to Rep. 
     David Obey, Chairman of the House Committee on Appropriations 
     in opposition to the Kirk amendment. Obey promises that the 
     issue will be resolved during conference.
       On May 11, EF writes to Chairman Miller offering compromise 
     amendment to the Kirk proposal in which workers would be 
     provided a one-time increase of $0.50 cents per hour and the 
     U.S. Department of Labor would be empowered to determine 
     future increases, though Special Industry Committees would be 
     abolished. EF writes to Speaker Pelosi, Senate Majority 
     Leader Harry Reid, Senator Inouye, Senator Akaka, and Senator 
     Bingaman, Chairman of the Senate Committee on Energy and 
     Natural Resources. EF also writes to Del Monte CEO Richard 
     Wolford, forwarding copy of letter and amendment to House and 
     Senate. EF writes to Chicken of the Sea CEO John Signorino 
     and Del Monte CEO Richard Wolford to set the record straight 
     about comments made by Del Monte's Executive Vice President 
     regarding EF's position on minimum wage. On May 18, EF, 
     Senator Inouye, Senator Bingaman, Senator Akaka and Rep. 
     Donna Christensen write to Chairman David Obey and Ranking 
     Member Jerry Lewis of the House Committee

[[Page 16595]]

     on Appropriations and Chairman Robert Byrd and Ranking Member 
     Thad Cochran of the Senate Committee on Appropriations urging 
     support of EF's amendment but with an initial increase of 
     $0.35 cents per hour. On May 21, Del Monte CEO Richard 
     Wolford writes to EF in support of his EF's efforts in 
     Congress to resolve the challenges regarding the impact of 
     increased wages on tuna cannery operations in American Samoa. 
     On May 25, conferees do not accept the proposal but do agree 
     to include EF language calling upon the U.S. Department of 
     Labor to conduct a study to determine impact of future 
     increases. Wage hike with automatic escalator clauses is 
     included in the Iraq War supplemental spending bill and 
     President George W. Bush signs it into law on May 25. The 
     first wage increase occurs on June 24.
       On June 6, EF writes to Rep. Christensen, Chair of the 
     House Natural Resources Subcommittee on Insular Affairs 
     requesting an oversight hearing on the impact of the federal 
     minimum wage legislation. EF copies his letter to Governor 
     and Legislature. On June 11, Chicken of the Sea President 
     John Signorino writes to EF, enclosing copy of letter COS 
     Senior Vice President Jim Davet wrote to Del Monte and copied 
     to Governor Togiola. On June 21, EF writes to Thai Union 
     President Thiraphong Chansiri and copies his letter to 
     Senator Inouye, Governor Togiola, Lieutenant Governor Sunia, 
     ASG Legislature, COS President John Signorino, and COS Vice 
     President of Operations Jim Davet. EF responds to Davet's 
     comments and requests meeting with Thai Union President 
     Chansiri. Mr. Chansiri agrees to meet. The same day, EF 
     writes to COS President John Signorino and sets the record 
     straight about Mr. Davet's comments. EF encloses a copy of 
     his letter to Chairwoman Christensen as well as his letter to 
     Thai Union President Thiraphong Chansiri. EF also writes to 
     Del Monte CEO Richard Wolford and encloses a copy of his 
     letter to Rep. Christensen requesting a hearing as soon as 
     possible. EF writes to Governor Togiola informing him that he 
     will meet be meeting with StarKist, Chicken of the Sea, Del 
     Monte, Thai Union and boat owners in San Diego, California 
     regarding the impact of federal minimum wage law. EF also 
     informs Governor that he will be meeting with Thai Union 
     President Thiraphong Chansiri on July 1. EF copies his letter 
     to Senator Inouye, Lieutenant Governor, and the American 
     Samoa Legislature.
       On July 1, EF meets with Thai Union President Thiraphong 
     Chansiri in Bangkok, Thailand. On July 24, EF meets with U.S. 
     Department of Labor officials, including Dr. Ronald Baird, 
     Chief Economist from the Office of the Assistant Secretary 
     for Policy, who is tasked to undertake the study mandated by 
     Congress to determine impact of minimum wage increases. On 
     July 25, EF writes to Secretary of the Interior Dirk 
     Kempthorne regarding his meeting with the U.S. Department of 
     Labor and requesting support in assisting ASG and CNMI 
     officials in how to collect the necessary data needed to make 
     determinations about both economies.
       On January 25, 2008, U.S. Department of Labor (DOL) 
     releases it report. On January 29, EF introduces H.R. 5154 to 
     condition further increases in minimum wage on a 
     determination by the Secretary of Labor. EF writes to 
     Governor Togiola and provides him with a copy of the DOL 
     report and informs him that he has introduced H.R. 5154. EF 
     copies Senator Inouye, U.S. Secretary of the Interior, 
     Lieutenant Governor, ASG Legislature. On February 12, EF 
     writes to Paramount Chief Mauga regarding field hearing to be 
     held in American Samoa regarding impact of minimum wage 
     increases. On February 14, EF writes to Chairman Miller 
     regarding H.R. 5154 and thanking him for sending 2 
     professional staff members to field hearing scheduled to be 
     held in American Samoa on February 22. On February 22, Rep. 
     Christensen, Chair of the House Natural Resources 
     Subcommittee on Insular Affairs, holds field hearing in 
     American Samoa at EF's request regarding impact of federal 
     minimum wage increases on American Samoa's economy. EF 
     testifies before the House Resources Subcommittee on Insular 
     Affairs. On February 28, EF testifies before the Senate 
     Committee on Energy and Natural Resources regarding the 
     Impact of the Recently Increased Minimum Wage in American 
     Samoa.
       On March 14, Chairman Miller writes to EF and raises 
     concerns about DOL. The same day, EF, Senator Inouye, Senator 
     Akaka, Senator Bingaman write to Chairman Robert C. Byrd and 
     Ranking Member Thad Cochran of the Senate Committee on 
     Appropriations requesting delays in minimum wage. On March 
     31, Secretary of the Interior to Dirk Kempthorne writes to EF 
     offering support. On April 3, EF writes to Senator Inouye 
     thanking him for agreeing to offer an amendment based on H.R. 
     5154 to delay minimum wage increases and to review further 
     increases. EF also writes to Senator Bingaman and Senator 
     Akaka. On April 18, EF writes to Senate Majority Leader Harry 
     Reid. On April 20, EF writes to Senator Orrin Hatch. On April 
     22, EF and Governor Fitial write to Senator Kennedy, Senator 
     Inouye, Senator Bingaman, and Senator Akaka. EF and Governor 
     Fitial also write to Chairman Miller. On April 24, EF and 
     Governor Fitial write to House Majority Leader Steny Hoyer. 
     On May 13, EF and CAPAC members Rep. Mike Honda, Rep. Joseph 
     Crowley, Rep. Christensen, Rep. Albio Sires, Rep. Solomon 
     Ortiz, Rep. Nydia Velazquez, Rep. Bennie Thompson, Rep. Neil 
     Abercrombie, Rep. Al Green, Rep. Luis Gutierrez, Rep. Joe 
     Baca, Rep. Mazie Hirono, and Rep. Hank Johnson write to 
     Senate Majority Leader Harry Reid, Speaker Nancy Pelosi, 
     House Majority Leader Steny Hoyer, Chairman David Obey of the 
     House Appropriations Committee, Chairman Norm Dicks of the 
     Interior Appropriations Committee, Chairman Miller of the 
     Education and Workforce Committee, Chairman Kennedy of the 
     Senate HELP Committee, Senator Inouye, Senator Akaka, and 
     Chairman Bingaman of the Senate Committee on Energy and 
     Natural Resources requesting support for delays. On May 21, 
     Senate passes language in the Emergency Supplemental to 
     conduct new GAO study. On May 30, the 2nd minimum wage 
     increase goes into effect. On July 31, EF, Chairman Rahall of 
     the House Committee on Natural Resources and Rep. Christensen 
     write to U.S. Secretary of the Interior Dirk Kempthorne 
     requesting technical assistance funds to conduct 
     comprehensive economic study of American Samoa. On November 
     25, EF writes to StarKist regarding announcement to lay off 
     workers and copies Senator Inouye, Governor Togiola and 
     Chairman Kim Jae-Chul of the Dongwon Group.
       On January 28, 2009, EF writes to Chairman Miller 
     requesting delays in further increases. On January 30, EF 
     meets with Senator Inouye and thanks him for agreeing to 
     include language in H.R. 1, the American Reinvestment and 
     Recovery Act (ARRA) that would require the GAO to conduct a 
     new study by April 15, 2010. On February 17, H.R. 1 is signed 
     into law with 3rd wage increase to go forward and a mandate 
     for a new GAO report to be released by April 2010. On 
     February 19, EF writes to Governor Togiola, President of the 
     Senate Gaoteote, Speaker Savali and asks them to join him in 
     sending a letter to Chairman Miller requesting a deferment of 
     the 3rd increase until GAO has time to complete its study. On 
     February 23, EF holds meeting in his DC office with Governor 
     Togiola and Governor Fitial for purposes of drafting a letter 
     and sending a unified message to Congress and the 
     Administration regarding the need to delay minimum wage. On 
     February 24, EF, Governor Togiola and Governor Fitial deliver 
     their letter to U.S. Secretary of the Interior Ken Salazar 
     during meeting of Interagency Group on Insular Affairs 
     (IGIA). On May 7, EF writes to Governor Togiola regarding COS 
     closure and copies letter to American Samoa Legislature. On 
     May 30, the 3rd minimum wage increase goes into effect. On 
     July 24, EF responds to ASG petition to President Obama. On 
     December 14, House and Senate agree to EF's request to 
     postpone 4th increase from May 2010 to September 2010 to give 
     Congress time to act on the GAO study.
       On April 8, 2010, GAO releases new study on the impact of 
     minimum wage hikes in American Samoa and CNMI. On April 30, 
     EF thanks Chairman Miller for agreeing to his request to 
     modify minimum wage law based on findings of GAO and copies 
     Senator Inouye, Chairman Nick Rahall of the House Committee 
     on Natural Resources, U.S. Secretary of the Interior Ken 
     Salazar, Governor Togiola, and the American Samoa 
     Legislature. On May 5, EF forwards Senator Inouye copy of 
     letter to Chairman Miller. On May 12, Senator Inouye thanks 
     EF for copy and assures him of support in Senate. On June 12, 
     EF and Rep. Sablan of CNMI write to Senator Inouye, Chairman 
     of the Senate Appropriations Committee, and include language 
     approved by Chairman Miller that would halt minimum wage 
     increases in American Samoa for 2010 and 2011 and for CNMI 
     for 2011 based on GAO report, and asking for inclusion in any 
     legislative vehicle that might be moving. EF and Rep. Sablan 
     also write to Senator Tom Harkin, Chairman of the Senate HELP 
     Committee, Senator Bingaman, Chairman of Senate Committee on 
     Energy and Natural Resources, and Chairman David Obey of the 
     House Committee on Appropriations. On July 27, Senator 
     Bingaman and Senator Murkowski agree to include EF and Sablan 
     language in H.R. 934, a CNMI bill already passed by the 
     House, which is hotlined for Unanimous Consent (UC) in the 
     Senate. Bill clears Democratic hotline. Republican hold 
     placed on CNMI provision relating to submerged lands. Rep. 
     Sablan would not agree to take out his submerged lands 
     provision. In response, Senator Bingaman and Senator 
     Murkowski agree to include EF and Sablan minimum wage 
     language in H.R. 3940, a Guam bill already passed by the 
     House, which is hotlined for Unanimous Consent in the Senate.
       On August 3, EF writes to Senator Bingaman thanking him for 
     agreeing to include minimum wage language in H.R. 3940. EF 
     writes to Senator Murkowski thanking her for support. On 
     August 6, EF provides updates informing public that H.R. 3940 
     has cleared Democratic holds but Republicans did not have 
     time enough to review before August recess.
       On September 14, House returns from District work period. 
     UC process begins again. Senator Bingaman and Senator 
     Murkowski's committee staff inform EF and Sablan that

[[Page 16596]]

     Democrats have cleared H.R. 3940 for UC. On September 16, at 
     4 pm, Republican cloakroom informs Democrats that 2 holds 
     have been placed including one by Senator DeMint (R-SC). 
     Senate ends business for the day and does not go in Session 
     on Friday. On September 18, Saturday night, Senator Bingaman 
     and Senator Murkowski's staff inform EF and Sablan that there 
     is nothing they can do to overcome Senator DeMint's hold. On 
     September 20, EF's office contacts Senator DeMint's Chief of 
     Staff at 10:29 am. At 11:52 am, Senator DeMint's Chief of 
     Staff responds stating he has forwarded EF information and 
     comments to policy staff for review. On September 21, at 
     11:28 am, Senator DeMint's staff informs EF office that 
     Senator DeMint will agree to let minimum wage section pass, 
     but expresses concerns about Guam provision. EF office 
     informs Rep. Bordallo's office of concerns raised about Guam. 
     Rep. Bordallo's office begins process of working out 
     compromise regarding Guam provisions. On September 27, at 
     4:36 pm, Rep. Bordallo's office and Sen DeMint's office reach 
     agreement on new language regarding Guam provision. On 
     September 28, at 9:45 am, Senator DeMint's office informs 
     Republican cloakroom that he has released his hold on H.R. 
     3940 pending the change in language regarding the Guam 
     provision. Change is made and H.R. 3940 is hot-lined again. 
     At 1:36 pm, Democrats begin hotline process. At 3:48 pm, 
     Democratic staff informs EF and Sablan that Senator Coburn is 
     raising questions but Senator Murkowski's staff is trying to 
     resolve his concerns. At 4:13 pm, EF speaks with Senator 
     Majority Leader Harry Reid asking that bill be placed on 
     floor for DC once it clears the Democratic and Republican 
     cloakrooms. However, Senator Murkowski's staff is unable to 
     clear Senator Coburn's hold. At 4:42 pm, EF office contacts 
     Senator McCain's office asking for help to release Senator 
     Coburn's hold. Senator McCain's office agrees. At 5:17 pm, EF 
     office phones Senator Coburn's office. At 6:03 pm, Senator 
     Coburn's office informs EF's office that Senator Coburn has 
     agreed to release his hold. At 6:09 pm, Senator McCain's 
     office also informs EF office that Senator Coburn has agreed 
     to release his hold. Senate passes H.R. 3940 by DC. At 10:28 
     pm, EF sends letter to Speaker of the House Nancy Pelosi, 
     House Majority leader Steny Hoyer, Chairman Miller of the 
     House and Committee on Education and Labor, Leader and 
     Chairman Nick Rahall of the House Committee on Natural 
     Resources requesting that H.R. 3940 be brought to the House 
     floor for immediate passage.
       On September 29, at 8:05 am, EF office phones House 
     Majority Leader Steny Hoyer's Chief of Staff again requesting 
     that H.R. 3940 be brought to Floor for passage. ML Hoyer's 
     office states that Republican Leadership must be on board. At 
     10:33 am, EF office contacts Republican Leader John Boehner's 
     Chief of Staff, Republican Whip Eric Cantor's Chief of Staff, 
     Republican Staff Director for Ranking Member John Kline of 
     the House Committee on Education and Labor, and Republican 
     Staff Director for Ranking Member Doc Hastings of the House 
     Committee on Natural Resources, providing copy of EF letter 
     to Republican leadership. At 10:38 am, EF office contacts 
     Rep. Flake (R-AZ), member of the Resources Committee and LDS 
     Member of Church, requesting help in getting support from 
     Republicans, including Ranking Member Doc Hastings of the 
     Natural Resources Committee. At 10:39 am, Rep. Flake's office 
     informs EF office that message will be forwarded to Rep. 
     Flake. At 12:08 pm, Rep. Flake sends message saying he will 
     speak to Ranking Member Doc Hastings of Natural Resources 
     Committee. At 12:31 pm, Republican Leader John Boehner's 
     Chief of Staff responds thanking EF office for bringing this 
     to his attention and stating that they will respond 
     appropriately base on conversations with their two Ranking 
     Members. At 12:30 pm, EF speaks to Ranking Member Doc 
     Hastings on House floor, and also Rep. Flake who has also 
     spoken to Ranking Member Hastings. Ranking Member Hastings 
     and Ranking Member John Kline of the Education and Labor 
     Committee agree to let bill go to the Floor by suspension. At 
     12:38 pm, EF office informs Majority Leader Hoyer's office 
     that Republicans will agree to let the bill be brought to the 
     House floor by suspension instead of UC, meaning a voice vote 
     will be requested and that the measure must win by a vote of 
     290. At 5:18 pm, ML Hoyer's office agrees to put bill on 
     House floor. ML Hoyer calls EF. At 8:52 pm, EF office begins 
     providing Samoa News with regular updates.
       On September 30, at 12:19 am, EF office informs Samoa News 
     that vote is taking place. At 12:27 am, EF issues press 
     release stating bill passes House by a vote of 386 to 5. At 
     12:31 am, EF office emails White House requesting assistance 
     to get bill on President's desk for signature. At 8:00 am, 
     White House emails EF office thanking EF for flagging the 
     bill for signature. At 8:36 am, EF office contacts Majority 
     Leader Hoyer's Chief of Staff requesting assistance to get 
     the bill from the House to the White House. At 8:40 am, ML 
     Hoyer's COS states he is working it. At 10:58 am, Majority 
     Leader Hoyer's Chief of Staff informs EF office that he has 
     taken the bill to the Clerk's office and that it is at the 
     Parliamentarian's office awaiting clearance, then it goes to 
     Speaker Pelosi, then to the Senate, then to the President of 
     the United States for signature. At 5:06 pm, White House 
     informs EF that President has signed H.R. 3940. At 5:09 pm, 
     EF office informs Samoa News bill has been signed. Samoa News 
     issues breaking news flash. At 5:38 pm, EF issues press 
     release announcing that bill has been signed into law.

                          ____________________