I 
109TH CONGRESS 
1ST SESSION 
H. R. 828
To establish the Commission on American Jobs. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Ms. WATERS introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To establish the Commission on American Jobs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on Amer-
ican Jobs Act’’. 
SEC. 2. ESTABLISHMENT. 
The Secretary of Commerce shall establish a commis-
sion to be known as the ‘‘Commission on American Jobs’’. 
SEC. 3. DUTIES OF THE COMMISSION. 
On an annual basis, the Commission shall—
(1) collect data on outsourcing by companies of 
interest from reports transmitted to the Commission
pursuant to section 6(d) and any other information 
that the Commission may consider under this Act; 
(2) identify the number of jobs outsourced by 
companies of interest, the dates that the jobs were 
outsourced, and the locations to which the jobs were 
outsourced; 
(3) conduct studies on why the jobs identified 
under paragraph (2) were outsourced; and 
(4) propose possible measures to prevent 
outsourcing by companies of interest. 
SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of six members appointed by the Presi-
dent. 
(b) POLITICAL AFFILIATION.—Not more than three 
members of the Commission appointed under subsection 
(a) may be affiliated with the same political party. 
(c) LABOR AFFILIATION.—At least two members of 
the Commission appointed under subsection (a) shall be 
representatives of labor organizations certified by the Na-
tional Labor Relations Board. 
(d) TERMS.—
(1) IN GENERAL.—Each member shall be ap-
pointed for a term of six years, except as provided
in paragraphs (2) and (3). A member may be ap-
pointed for more than one term. 
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of appointment, 
of the members first appointed—
(A) two, not affiliated with the same polit-
ical party, shall be appointed for a term of six 
years; 
(B) two, not affiliated with the same polit-
ical party, shall be appointed for a term of four 
years; and 
(C) two, not affiliated with the same polit-
ical party, shall be appointed for a term of two 
years. 
(3) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. 
(e) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in 
paragraph (2), members shall each be paid at the
maximum rate of basic pay for GS–15 of the Gen-
eral Schedule. 
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Except as provided in sub-
section (f), members of the Commission who are full-
time officers or employees of the United States or 
Members of Congress may not receive additional 
pay, allowances, or benefits by reason of their serv-
ice on the Commission. 
(f) TRAVEL EXPENSES.—Each member shall receive 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, United States Code. 
(g) QUORUM.—Three members of the Commission 
shall constitute a quorum but a lesser number may hold 
hearings. 
(h) CHAIRPERSON.—The Chairperson of the Com-
mission shall be designated by the President. The term 
of office of the Chairperson shall be one year. The position 
of Chairperson shall rotate among the members of the 
Commission, and a member may serve as Chairperson only 
once during each six-year term. 
(i) MEETINGS.—The Commission shall meet at the 
call of either the Chairperson or a majority of the Commis-
sion’s members. The Commission shall meet at least once 
annually. 
SEC. 5. POWERS OF COMMISSION. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appropriate. 
The Commission may administer oaths or affirmations to 
witnesses appearing before it. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take by this section. 
(c) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any agency of the United States 
information necessary to enable it to carry out this Act. 
Upon request of the Chairperson or any three members 
of the Commission, the head of that agency shall furnish 
that information to the Commission. 
(d) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other agencies of the United States. 
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities 
under this Act. 
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place 
within the United States at any designated place of 
hearing within the United States. 
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued by the Com-
mission under paragraph (1), the Commission may 
apply to a United States district court for an order 
requiring that person to appear before the Commis-
sion to give testimony, produce evidence, or both, re-
lating to the matter under investigation. The appli-
cation may be made within the judicial district in 
which that person is found, resides, or transacts 
business. Any failure to obey the order of the court 
may be punished by the court as civil contempt. 
(3) SERVICE OF SUBPOENAS.—The subpoenas 
of the Commission shall be served in the manner
provided for subpoenas issued by a United States 
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts. 
(4) SERVICE OF PROCESS.—All process of any 
court to which application is made under paragraph 
(2) may be served in the judicial district in which 
the person required to be served resides or may be 
found. 
(g) IMMUNITY.—The Commission is an agency of the 
United States for purpose of part V of title 18, United 
States Code (relating to immunity of witnesses). 
SEC. 6. REPORTS. 
(a) COMMISSION REPORTS.—The Commission shall 
transmit to—
(1) the Committee on Appropriations, the Com-
mittee on Education and the Workforce, the Com-
mittee on Energy and Commerce, and the Com-
mittee on Ways and Means of the House of Rep-
resentatives; 
(2) the Committee on Appropriations, the Com-
mittee on Commerce, Science, and Transportation, 
the Committee on Finance, and the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate; and
(3) the Joint Economic Committee of the Con-
gress, 
annual reports including the content described in sub-
section (c). 
(b) TIMING.—The Commission shall transmit its first 
annual report under subsection (a)—
(1) not later than six months after the date of 
enactment of this Act, if such date of enactment is 
on or before September 30, 2005; and 
(2) not later than May 1, 2006, if such date of 
enactment is after September 30, 2005. 
The Commission shall transmit subsequent annual reports 
not later than May 1 of each year. 
(c) CONTENT.—The annual reports required under 
subsection (a) shall include—
(1) detailed summaries of the data collected 
under section 3(1); 
(2) detailed summaries of the information iden-
tified under section 3(2); 
(3) the results of the studies conducted pursu-
ant to section 3(3); and 
(4) 
the 
possible 
measures 
to 
prevent 
outsourcing proposed under section 3(4). 
(d) COMPANY OF INTEREST REPORTS.—A company 
of interest shall transmit to the Commission annual re-
ports stating the number of jobs, if any, that the company 
of interest has outsourced during the previous year, the 
dates that the jobs were outsourced, and the locations to 
which the jobs were outsourced. A company of interest 
shall transmit its first annual report under this sub-
section—
(1) not later than three months after the date 
of enactment of this Act, if such date of enactment 
is on or before September 30, 2005; and 
(2) not later than March 1, 2006, if such date 
of enactment is after September 30, 2005. 
A company of interest shall transmit subsequent annual 
reports not later than March 1 of each year. 
SEC. 7. TERMINATION. 
Section 14 of the Federal Advisory Committee Act 
(5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Commission. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Commerce $25,000,000 for fiscal year 2006, to 
remain available until expended, to carry out this Act. 
SEC. 9. DEFINITIONS. 
For purposes of this Act:
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Commission on American Jobs estab-
lished under this Act. 
(2) COMPANIES
OF
INTEREST.—The term 
‘‘companies of interest’’ means—
(A) corporations and other legal entities 
organized under the laws of the United States; 
(B) subsidiaries of corporations and legal 
entities described in subparagraph (A); 
(C) corporations and other legal entities 
that employed at least 50 employees to perform 
services in the United States at any one time 
on or after January 1, 1980; and 
(D) corporations and other legal entities 
with $1,000,000 or more annual gross income 
that is effectively connected with the conduct of 
a trade or business within the United States. 
(3) OUTSOURCING.—The term ‘‘outsourcing’’ 
means hiring employees to perform services outside 
the United States when the services previously had 
been performed in the United States. 
(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Amer-