[Extensions of Remarks]
[Pages E1710-E1712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HISTORICAL RECORD OF FEDERAL MINIMUM WAGE AFFECTING AMERICAN SAMOA

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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 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

[[Page E1711]]

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
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

[[Page E1712]]

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.

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