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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3583

    To provide for a subsidy to sellers and buyers of fish directly 
 delivered to American Samoa from vessels with United States fisheries 
          endorsements that manufacture for the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2009

 Mr. Faleomavaega introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To provide for a subsidy to sellers and buyers of fish directly 
 delivered to American Samoa from vessels with United States fisheries 
          endorsements that manufacture for the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Samoa Protection of 
Industry, Resources, and Employment Act'' or ``ASPIRE Act''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds the following:
            (1) The tuna processing and manufacturing industry is by 
        far the largest private-sector base of employment in American 
        Samoa and serves as the critical foundation for the overall 
        economy of American Samoa. The unique local economy created by 
        the operation of tuna canneries is largely irreplaceable as an 
        employment base. The canneries currently provide 80 percent of 
        private sector employment in American Samoa, and generate more 
        than $80,000,000 (30 percent) of the territory's income from 
        labor according to a recent Department of Labor report. Most 
        other private sector jobs in American Samoa provide goods or 
        services to the tuna processors. Moreover, the economic growth 
        of many other private sector employers in the consumer retail 
        and service sectors is tied either directly or indirectly to 
        the tuna industry.
            (2) Over the past 30 years, direct employment growth in the 
        fish processing industry has accounted for more than one-third 
        of total job growth in American Samoa. Moreover, a recent study 
        reflects that every job added to or subtracted from the economy 
        by a change in employment in the tuna processing industry adds 
        or subtracts another 0.47 jobs from other sectors of American 
        Samoa's economy, the so-called ``multiplier effect''.
            (3) An important component of the tuna processing 
        industry's multiplier effect is derived from direct delivery of 
        tuna by fishing vessels to American Samoa for processing, which 
        results in revenue for the territory from visitor expenditures 
        on vessel refueling, repair, and other shipyard services, 
        stevedores, fishing net repairs, lodging, dining, and a host of 
        other services. Unfortunately, while having provided limited 
        economic benefit through indirect deliveries which ensured a 
        constant supply of fish to the canneries, the large majority of 
        the eligible fleet which fishes under the auspices of a United 
        States flag and United States license no longer provides direct 
        delivery or economic benefit to American Samoa, where many of 
        them are home-ported, choosing rather to deliver their catch to 
        massive carrier ships for purposes of transshipping their fish 
        to be cleaned in low-wage labor rate countries.
            (4) Due to low-wage labor rates of 0.60 cents and less per 
        hour for tuna cannery workers in competing countries, increased 
        transportation and energy costs, decreased volumes of direct-
        delivered fish to American Samoa, recent Federal minimum wage 
        policy changes that have resulted in mandatory annual wage 
        increases, heavy foreign competition for United States market 
        share in the tuna industry, and a number of other issues, one 
        of American Samoa's tuna canneries has announced that it will 
        shut down by September 2009. This closure will result in job 
        loss for nearly 40 percent of the territory's private sector 
        employees, as well as increased energy, shipping, and food 
        costs for the remaining businesses and public entities because 
        the canneries help subsidize the costs of these industries.
            (5) Closure of the remaining tuna processing plant would 
        result in job loss for another 40 percent of private sector 
        employees, and a recent study of the territory's economy 
        concluded that closure of the remaining tuna processing plant 
        would result in total job loss of 44 percent of all employment 
        in the territory, leaving the American Samoan Government, which 
        receives significant operational and capital grants from the 
        Federal Government, as the territory's only significant 
        employer.
            (6) Due to present dependence on the canneries and Federal 
        aid, if both canneries leave American Samoa, only direct 
        Federal assistance will remain to bridge the gap left by the 
        loss of approximately $80,000,000 in private sector income from 
        the tuna canneries.
            (7) The Department of the Interior has previously reported 
        to Congress that in the absence of the revenue derived from the 
        canneries, American Samoa, with its population of nearly 
        70,000, will be ``almost wholly dependent'' on direct 
        assistance from the Federal Government, warning that the 
        American Samoan economy will be ``devastated'';
            (8) Having served, starting at the turn of the last 
        century, as an important refueling station for American ships 
        in the South Pacific, American Samoa has long held a position 
        of strategic and historic importance to the United States, and 
        over the years, American Samoans have sacrificed to help keep 
        our country free, with many serving in the United States 
        military.
            (9) In March 2006, it was reported to Congress that the 
        sacrifice of American Samoa in the Iraq war was 
        disproportionate to the territory's small size, as residents of 
        the territory were 15 times more likely to be killed in action 
        in Iraq than residents of the United States as a whole.
    (b) Policy.--The Federal Government should provide employment 
stabilization and economic development assistance to the people of 
American Samoa, including incentives for the continued operation and 
development of American Samoa's tuna processing industry, as the 
territory now faces severe economic conditions.

SEC. 3. EXPANSION OF GENERAL TECHNICAL ASSISTANCE TO AMERICAN SAMOA.

    Section 601 of the Act of December 24, 1980 (48 U.S.C. 1469d(d)) is 
amended by inserting at the end the following:
    ``(e) Employment Security and Economic Development Assistance for 
American Samoa.--
            ``(1) Technical assistance grants.--
                    ``(A) The Secretary of the Interior is further 
                authorized to provide technical assistance to the 
                territory of American Samoa in the form of grants to 
                sellers and buyers of whole tuna directly delivered to 
                tuna processors located within American Samoa for 
                processing in American Samoa, in the following amounts:
                            ``(i) For each processor of whole tuna 
                        directly delivered to American Samoa for 
                        processing, as `processing' is defined in 
                        paragraph (6)(B): $200 per metric ton, provided 
                        that this amount shall be adjusted each May 25 
                        by a ratio equal to the ratio of any increase 
                        in the federal minimum wage for American Samoa 
                        as compared to the Federal minimum wage in 
                        American Samoa the prior year.
                            ``(ii) For each fishing vessel with a 
                        United States fishery endorsement (issued 
                        pursuant to section 12113 of title 46, United 
                        States Code) and which is otherwise authorized 
                        to fish for tuna in areas under the authority 
                        of the Western Pacific Regional Fishery 
                        Management Council or areas covered by the 
                        United States South Pacific Tuna Treaty, or 
                        which has an American Samoa Longline Limited 
                        Access Permit (issued pursuant to the Fishery 
                        Management Plan for Pelagic Fisheries of the 
                        Western Pacific Region established under the 
                        authority of section 1801 et seq. of title 18, 
                        United States Code): $200 per metric ton.
                            ``(iii) For each fishing vessel that does 
                        not meet the requirements of clause (ii) but is 
                        United States-documented pursuant to section 
                        12103 of title 46, United States Code, and is 
                        otherwise authorized to fish for tuna in areas 
                        under the authority of the Western Pacific 
                        Regional Fishery Management Council or areas 
                        covered by the United States South Pacific Tuna 
                        Treaty: $100 per metric ton.
                    ``(B) A recipient of a grant under this subsection 
                may be eligible either as a seller of direct-delivered 
                whole tuna or as a processor buying direct-delivered 
                whole tuna, but not both.
                    ``(C) Grants provided under this subsection shall 
                not be considered as gross income of the recipient for 
                purposes of the Internal Revenue Code of 1986.
                    ``(D) Grant amounts provided under this subsection 
                shall not be subject to reduction by the Secretary for 
                any operation or maintenance set aside.
            ``(2) Collection of annual and transfer fees for the 
        benefit of economic development in american samoa.--
                    ``(A) All vessels meeting the requirements of 
                clauses (ii) and (iii) of paragraph (1)(A) shall be 
                subject to a $250,000 annual fee due and payable to the 
                United States Treasury on January 31 each year for the 
                immediately prior calendar year. This annual fee shall 
                be waived for any calendar year for which the vessel 
                certifies to the Secretary that the vessel has made not 
                less than three direct deliveries in that calendar year 
                of whole tuna to processors on American Samoa for 
                processing in American Samoa.
                    ``(B) Any vessel that is--
                            ``(i) United States-documented pursuant to 
                        section 12103 of title 46, United States Code;
                            ``(ii) authorized to fish for tuna under 
                        the United States South Pacific Tuna Treaty; 
                        and
                            ``(iii) delivers tuna to another vessel or 
                        other location for the purposes of 
                        transshipment,
                shall be subject to a fee of 6.25 percent per metric 
                ton per each such delivery, regardless of the date 
                payment is received for the delivery. This fee shall be 
                payable to the United States Treasury and shall be due 
                no later than 30 days after the date of delivery.
            ``(3) Creation of the american samoa economic development 
        trust fund.--
                    ``(A) There is created within the Treasury of the 
                United States a trust fund to be known as the `American 
                Samoa Economic Development Trust Fund' (in this 
                subsection referred to as the `Trust Fund'), consisting 
                of such amounts as may be credited or appropriated to 
                the Trust Fund under this subsection or any other 
                provision of law.
                    ``(B) There is hereby appropriated to the Trust 
                Fund amounts equivalent to the amounts received in the 
                Treasury pursuant to subparagraphs (A) and (B) of 
                paragraph (2).
                    ``(C) The Trust Fund shall be administered by the 
                Office of Insular Affairs of the Department of 
                Interior. The Office of Insular Affairs shall pay 
                monies from the Trust Fund to carry out the purposes of 
                paragraph (1)(A) of this subsection. The Office of 
                Insular Affairs may use any excess amounts to provide 
                financial assistance to the territory of American Samoa 
                in accordance with any of the Office's existing or 
                future programs.
            ``(4) Rulemaking.--Not later than 180 days after the date 
        of the enactment of this Act but prior to May 1, 2010, 
        whichever comes first, the Secretary shall prescribe such 
        regulations and other guidance as may be necessary or 
        appropriate to carry out the provisions of this subsection. 
        Such regulations shall provide that the Technical Assistance 
        Division of the Office of Insular Affairs shall be responsible 
        for administering the provisions of this subsection and may not 
        delegate its duties with regard to this subsection to any 
        person or entity outside the Department of the Interior.
            ``(5) Authorizations and appropriations.--
                    ``(A) There is hereby authorized and appropriated 
                to the Secretary of the Interior $25,000,000 for fiscal 
                year 2010 to carry out the purposes of paragraph 
                (1)(A). Further, there is hereby authorized such annual 
                sums as may be necessary to carry out the purposes of 
                paragraph (1)(A) in fiscal years after 2010. Sums 
                appropriated pursuant to this subparagraph (A) shall 
                remain available until expended, and shall not be 
                available for administration of this subsection by the 
                Department of the Interior.
                    ``(B) There is authorized to be appropriated to the 
                Secretary $300,000 for the Salaries and Expenses 
                account of the Office of Insular Affairs to carry out 
                the duties of the Office of Insular Affairs under this 
                subsection, which amount shall remain available until 
                expended and shall be in addition to any other amount 
                appropriated to the Secretary for the Office of Insular 
                Affairs.
            ``(6) Definitions.--As used in the subsection-
                    ``(A) Direct delivery.--The term `direct delivery' 
                means whole tuna caught by and moved from a fishing 
                vessel that meets the criteria in clause (ii) or (iii) 
                of paragraph (1)(A) directly to a processing facility 
                located in American Samoa, for preparation for end-user 
                consumption in the United States and its territories, 
                which shall include placing the product in consumer-
                ready packaging. `Direct delivery' excludes the 
                delivery of frozen tuna loins.
                    ``(B) Transshipment.--The term `transshipment' 
                means unloading any or all of the fish on board a 
                fishing vessel onto another vessel or entity for the 
                purpose of transporting that fish to another location 
                for processing.''.
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