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“HISTORICAL RECORD OF FEDERAL MINIMUM WAGE AFFECTING AMERICAN SAMOA” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E1710-E1712 on Dec. 3, 2014.
The publication is reproduced in full below:
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 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 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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