[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[Extensions of Remarks]
[Pages 16606-16608]
[From the U.S. Government Publishing Office, www.gpo.gov]




LEGISLATIVE HISTORY ON PASSAGE OF MINIMUM WAGE DELAY 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 about the passage of a minimum wage 
delay in 2010 affecting American Samoa.

                     [Press Release, Sep. 27, 2010]

 Faleomavaega Thanks Senator DeMint for Allowing Minimum Wage Delay to 
                   Move Forward by Unanimous Consent

       Congressman Faleomavaega announced today that he is 
     thanking U.S. Senator Jim DeMint for agreeing to allow H.R. 
     3940, which includes minimum wage delays for American Samoa 
     and CNMI, to move forward by Unanimous Consent (UC).
       H.R. 3940 was originally introduced in the House by 
     Congresswoman Madeleine Bordallo and cosponsored by the 
     Delegates to clarify the authority of the Secretary of the 
     Interior to extend grants and other assistance to facilitate 
     political status public education programs for the peoples of 
     the non-self-governing territories of the United States. It 
     was modified in the Senate to include language to delay 
     minimum wage increases in American Samoa and the Commonwealth 
     of the Northern Mariana Islands.
       ``As I explained in my press release of August 6, 2010, 
     H.R. 3940 was modified and hot-lined in the Senate. The hot-
     lining process is an informal term to describe the procedure 
     whereby the Leaders inform Senators of their respective party 
     caucus about changes to the floor schedule and/or proposed 
     business. Part of the hotline is also to inform Senators of 
     any unanimous consent (UC) requests the Leaders intend to 
     eventually make on the floor. It is a way of clearing 
     legislation by all Senators so that it can actually move to 
     the floor and be called up, read for a third time, and passed 
     by UC.''
       ``H.R. 3940 cleared the hot-line process for the Democrats. 
     But, the Republicans did not have time to review the bill 
     before Congress went out of session for the August recess. 
     When Congress returned in September, a hold was placed on 
     H.R. 3940 by two Republican Senators. One Republican lifted 
     his hold and the other, U.S. Senator Jim DeMint of S.C., kept 
     his hold in place.''
       ``Since September 20, 2010, my office has been in direct 
     contact with Senator DeMint's

[[Page 16607]]

     office and by the early morning of Tuesday, September 21, 
     2010, Senator DeMint's office informed my office that they'd 
     be happy to let our minimum wage provision pass separately,'' 
     Faleomavaega said. ``I did not announce this publicly because 
     Senator DeMint's office informed my office that the Guam 
     provisions were a non-starter for them and, in fairness to 
     Ms. Bordallo, I wanted to give her every opportunity to work 
     out her provisions without bringing media attention to the 
     issue.''
       ``Given the sensitivities surrounding the minimum wage 
     issue for both Republicans and Democrats, I also did not want 
     to jeopardize the outcome for American Samoa. In fairness to 
     Senator DeMint, he also has every reason to seek federal 
     minimum wage delays in South Carolina because he represents 
     rural communities that are also struggling to survive. But I 
     am deeply appreciative that he stood by American Samoa in our 
     time of need and he has my personal assurances that I will 
     stand with the people of South Carolina should he ever need 
     my help and if I'm ever in a position to help him.''
       ``I also want to personally thank Senator Jeff Bingaman, 
     Chairman of the Senate Committee on Energy and Natural 
     Resources, and Senator Lisa Murkowski, Ranking Member. As a 
     result of their leadership and commitment to this process, 
     they have hopefully given the American Samoa Government the 
     time it needs to put together a plan of action to diversify 
     its economy.''
       ``Finally, I thank Governor Togiola for his attempts to 
     help. Although Senator DeMint had already informed my office 
     that he would let the minimum wage provisions pass 
     separately, I know Governor Togiola had his heart in the 
     right place by also reaching out to Senator DeMint.''
       ``Tomorrow, H.R. 3940 will be hot-lined again and, 
     hopefully, this time we will clear all holds and delay the 
     next scheduled increases by September 30, 2010. While I have 
     mixed emotions about this because I want our workers to 
     continue to be paid fair wages, I am thankful that our 
     workers have received a $1.50 per hour increase since minimum 
     wage increases were mandated in 2007. As our economy 
     stabilizes and ASG diversifies, I am hopeful that we will 
     revisit this issue in 2012.''
       ``Again, I thank all those who have been involved and I am 
     also pleased that Congresswoman Bordallo was able to work the 
     compromises she needed for Guam. She and Senator DeMint's 
     office reached their agreement this evening and Senator 
     DeMint informed our offices accordingly. This is why we are 
     able to now speak publicly and inform our constituencies that 
     Senator DeMint has now released his hold and is allowing H.R. 
     3940, as revised, to move forward by U/C.''
       However, we still must clear the hot-line process again but 
     I remain hopeful that this will happen before September 30, 
     2010,'' Faleomavaega concluded.
                                  ____


                     [Press Release, Sep. 28, 2010]

         Senate Passes Minimum Wage Delay by Unanimous Consent

       Congressman Faleomavaega announced today that he is 
     thanking U.S. Senate Majority Leader Harry Reid, Senator Jim 
     DeMint (R-SC), Senator Tom Coburn (R-SC), Senator John McCain 
     (R-AZ), Senator Jeff Bingaman (D-NM) and Senator Lisa 
     Murkowski (R-AK) for the support and assistance they provided 
     his office in passing H.R. 3940 which includes a Sense of 
     Congress regarding political status education in Guam and 
     language to delay minimum wage increases in American Samoa 
     and the Commonwealth of the Northern Mariana Islands (CNMI) 
     until such time as these economies can be stabilized.
       The language delays minimum wage in American Samoa in 2010 
     and 2011, and in CNMI in 2011. ``Because H.R. 3940 was 
     modified by the Senate, it must now come back to the House 
     for consideration and final passage, hopefully by voice 
     vote,'' Faleomavaega said.
       ``By way of separate letters, both Congressman Sablan and I 
     have made our House leadership aware of this legislation and 
     have asked for Speaker Pelosi, Leader Hoyer, Chairman Miller 
     of the Education and Labor Committee, and Chairman Rahall of 
     the Natural Resources Committee to schedule action on H.R. 
     3940 before Congress adjourns and before the next scheduled 
     minimum wage increase is due to go into effect in American 
     Samoa on September 30, 2010.''
       ``Successfully passing this legislation in the Senate has 
     been a long and difficult journey with many twists and turns 
     along the way and it took the cooperation of both parties to 
     get this done. Senator DeMint and Senator Coburn both 
     expressed concerns and placed holds because they, too, have 
     legitimate concerns about the economies of their districts 
     and, in fairness, also want to seek minimum wage delays in 
     the rural communities that they represent.''
       ``I fully understand their concerns and my heart is also 
     with their people. Both Senators have my assurance that I 
     will help them in any way I can, now or later, if I am ever 
     in a position to do so. Since September 20, 2010, my office 
     has been in direct contact with Senator DeMint's office 
     explaining American Samoa's unique situation. By Tuesday 
     morning, September 21, 2010, Senator DeMint's office informed 
     my office that they'd be happy to let our minimum wage 
     provision pass separately. However, because Senator DeMint's 
     office informed my office that the Guam provision was a non-
     starter for them, I did not announce Senator DeMint's 
     decision at that time. In fairness to Ms. Bordallo, I wanted 
     to give her every opportunity to work out her provisions 
     without bringing media attention to the issue.''
       ``Yesterday, Senator DeMint and Guam worked out their 
     differences and last night I issued a release publicly 
     thanking Senator DeMint for releasing his hold. Today, 
     Senator Coburn placed a hold. After discussions with my 
     office, he agreed to release his hold and I want to thank him 
     and also Senator McCain's office for weighing in on our 
     behalf.''
                                  ____


                     [Press Release, Sep. 29, 2010]

 House Passes Minimum Wage Delay for American Samoa on Anniversary of 
         Tsunami; H.R. 3940 Now Awaiting President's Signature

       Congressman Faleomavaega announced today that the House 
     overwhelmingly passed by a vote of 386 to 5 the Senate's 
     revised version of H.R. 3940 which includes language to delay 
     minimum wage increases in American Samoa for 2010 and 2011, 
     and in the Commonwealth of the Northern Mariana Islands 
     (CNMI) for 2011. The bill passed the Senate last night by 
     Unanimous Consent (UC) and is now awaiting the President's 
     signature.
       ``First and foremost, I want to thank the people of 
     American Samoa, especially on this day when we pause to 
     remember those we lost as a result of the massive tsunami 
     that struck our islands last year on this very day,'' 
     Faleomavaega said. ``While I wish I did not have to speak of 
     other matters on this somber occasion, the reality is one day 
     after American Samoa was struck by a tsunami, Chicken of the 
     Sea closed its operations in the Territory, displacing over 
     2,000 workers whose jobs were outsourced to Thailand where 
     workers are paid $0.75 cents and less per hour to clean 
     fish.''
       ``Given that more than 74% of American Samoa's private-
     sector workforce has been almost entirely dependent on the 
     tuna fishing and processing industries for more than 50-years 
     and considering that more than 80% of our private-sector 
     economy has hinged, directly or indirectly, on the operations 
     of only two tuna processors, Chicken of the Sea and StarKist, 
     Chicken of the Sea's closure was devastating, especially in 
     the aftermath of a tsunami from which we have not fully 
     recovered.''
       ``With Chicken of the Sea's closure and increased 
     competition from Thailand, American Samoa's economy has not 
     been able to absorb the rapid minimum wage increases mandated 
     by federal law. While I supported a one-time increase of 
     $0.50 cents per hour, I urged my colleagues to consider 
     American Samoa's remote location and the single-industry 
     status of our economy before mandating further increases.''
       ``At my request, Congress directed the U.S. Department of 
     Labor to conduct a study regarding the impact of past, 
     present and future minimum wage increases on the economies of 
     American Samoa and CNMI. When the DOL released its report, 
     Congress mandated that a new study be conducted by the GAO. 
     The GAO released its report in April 2010 at which time 
     Congress agreed to take action.''
       ``However, legislation to delay minimum wage has been 
     stalled and I am fully aware that Republicans who represent 
     rural communities face similar challenges as us. But I am 
     deeply appreciative that many Republicans chose to stand with 
     American Samoa in our time of need.''
       ``Because American Samoa does not have a vote on the House 
     floor and has no representation in the Senate, it has always 
     been my policy to work with both parties in good-faith, and I 
     am grateful that both parties have stood with the people of 
     American Samoa when we needed them most.''
       ``Once more, I thank Senator DeMint of S.C., Senator Tom 
     Coburn of Oklahoma, and Senator John McCain of Arizona who 
     lifted their holds in the Senate and lent their support. 
     Without their support, this legislation would not have moved 
     forward.''
       ``I also thank Senate Majority Leader Harry Reid who made 
     this legislation one of his highest priorities yesterday. As 
     a result of his leadership and once the Republicans cleared 
     their holds, Senator Reid made certain that H.R. 3940 was 
     brought to the Senate floor for UC.''
       ``Today, the House also acted quickly and I thank Majority 
     Leader Steny Hoyer for making this happen. He and his staff 
     got H.R. 3940 placed on the suspensions calendar and 
     supported us every step of the way, and somewhere in the 
     middle of it all, Majority Leader found the time to 
     personally call and let me know he was able to get this 
     done.''
       ``I also want to thank Republican Leader John Boehner who 
     also agreed to place H.R. 3940 on the suspension calendar. In 
     this political climate, Republican Leader Boehner could have 
     opposed and objected, but he did not. Instead, he supported 
     the people of American Samoa, and I am grateful for his 
     support.''
       ``I also want to personally thank Republican Congressman 
     Doc Hastings who serves as the Ranking Member of the House 
     Committee on Natural Resources and Ranking

[[Page 16608]]

     Member John Kline of the House Committee on Education and 
     Labor. Both agreed to let H.R. 3940 move to the House Floor, 
     although they had every right to hold it since the bill only 
     arrived late last night from the Senate.''
       ``I also thank Congressman Jeff Flake (R-AZ). Congressman 
     Flake and I serve together on the Natural Resources Committee 
     and the Committee on Foreign Affairs. Congressman Flake is 
     personally acquainted with the needs of the Territories, and 
     he worked side-by-side with me to see this through, and I 
     appreciate his support and friendship.''
       ``I also thank Speaker Pelosi and Chairman George Miller of 
     the House Committee on Education. Their support was critical. 
     Without them, this legislation would have failed. On behalf 
     of the people of American Samoa, I thank them for their 
     help.''
       ``Finally, I thank Congresswoman Madeleine Bordallo and 
     Congresswoman Donna Christensen. They have been with me from 
     the very beginning of this long and difficult journey and 
     their support has been unwavering. They are true friends.''
       ``I appreciate both the House and Senate which have come 
     together to get this done. I have every confidence that 
     President Obama will sign this into law and I hope that the 
     American Samoa Government will now use these delays to begin 
     the serious process of diversifying our economy. I also hope 
     that by 2012 our economy will be able to sustain another 
     increase so that our workers can continue to be paid wages 
     comparable with the increases in the cost of living.''
       ``Again, I thank everyone who has been involved in this 
     process including staff from the Senate and House. Once more, 
     my heart goes out to the victims of last year's tsunami and 
     my prayers are joined with yours,'' Faleomavaega concluded.
                                  ____


                     [Press Release, Sep. 30, 2010]

           President Obama Signs Minimum Wage Delay Into Law

       Congressman Faleomavaega announced today that President 
     Obama signed H.R. 3940 into law. As a result, minimum wage 
     increases in American Samoa will be delayed for 2010 and 
     2011. The issue of future increases will be revisited in 2012 
     based on the findings of a GAO study to be completed by 2011.
       ``In previous press releases and on behalf of the people of 
     American Samoa, I have publicly thanked Senator Jeff Bingaman 
     (D-NM), Senator Lisa Murkowski (R-AK), Senator Daniel K. 
     Inouye (D-HI), Senator Jim DeMint (R-SC), Senator Tom Coburn 
     (R-OK), Senator John McCain (R-AZ), Senate Majority Leader 
     Harry Reid (D-NV), Speaker Nancy Pelosi (D-CA), House 
     Majority Leader Steny Hoyer (D-MD), House Republican Leader 
     John Boehner (R-OH), Chairman George Miller (D-CA) and 
     Ranking Member John Kline (R-MN) of the House Committee on 
     Education, Chairman Nick Rahall (D-WV) and Ranking Member Doc 
     Hastings (R-WA) of the House Committee on Natural Resources, 
     Congressman Jeff Flake (R-AZ), Congresswoman Madeleine 
     Bordallo (D-GU), and Congresswoman Donna Christensen (D-VI) 
     for their leadership and support on the successful passage of 
     H.R. 3940,'' Faleomavaega said. ``Without the support of 
     these key leaders, we would not have been able to pass this 
     legislation which is necessary for stabilizing our economy.''
       ``Without the prayers of our people, I also do not believe 
     this legislation would have passed the House or Senate. The 
     Senate passed the bill by Unanimous Consent (UC). The House 
     passed H.R. 3940 by a vote of 386 to 5. The overwhelming 
     support we received from both Republicans and Democrats in 
     the House and Senate is a testament to the prayers of our 
     people, and I could not help but note that the final vote 
     took place on the one-year anniversary of the tsunami that 
     claimed the lives of those we loved.''
       ``The final vote was the final vote before Congress went 
     out of session. There is no doubt in my mind that God has 
     heard and answered our prayers.''
       ``At this time, I want to thank House and Senate staff who 
     worked behind the scenes to make this happen including Terry 
     Lierman, Barry Jackson, Steve Stombres, Jody Calemine, 
     Barrett Karr, Todd Young, Anne Thorsen, Al Stayman, Isaac 
     Edwards, Bob Greenawalt, Bret Bernhardt, Marie Blanco, Jim 
     Zoia, Nick Matiella, Clay Lightfoot, Kimberly Wallner, Ed 
     Corrigan, Jed Bullock, Matthew Hermann, John Whitt, Alexis 
     Covey-Brandt, Austin Burnes, Bob Schwalbach, Brian Modeste, 
     Nikki Bullock, Colleen Gilbert, Bonnie Bruce, as well as my 
     personal office staff and many others.
       ``Finally, I thank President Obama for signing this bill 
     today, and I appreciate the support that Nik Pula, Director 
     of the Office of Insular Affairs at the U.S. Department of 
     the Interior, provided in making White House staff aware that 
     the bill was coming over from the U.S. House of 
     Representatives for signature. I also thank Alejandro Perez 
     at the White House for working closely with my office to 
     bring this to the attention of the President so that our 
     deadline for signature would be met.''
       ``Also, I would be remiss if I did not thank StarKist. I 
     especially want to thank Chairman Kim Jae-chul of the Dongwon 
     Group for his patience and support throughout this long and 
     difficult process. As owner of StarKist, he could've moved 
     his operations elsewhere, but he has not, and I thank him for 
     his commitment to the people of American Samoa.''
       ``I also thank and appreciate Mr. Don Binotto, President 
     and CEO of StarKist. I know that Don's heart is with our 
     people and he is proven over and over again that he is doing 
     everything he can to keep StarKist in American Samoa. Mr. 
     Binotto and Chairman Kim have my personal assurances that I 
     will continue to stand with StarKist and do all I can to 
     level the playing field so that we can maximize and protect 
     the jobs of our local cannery workers who cannot fairly 
     compete against workers that are paid $0.75 cents and less 
     per hour in Thailand.''
       ``Once more, I thank our people, the Governor and also the 
     American Samoa Legislature, and everyone who has been a part 
     of this important effort,'' Faleomavaega concluded.

                          ____________________