[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3878 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3878

             To establish the Commission on American Jobs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2004

  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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on American Jobs Act''.

SEC. 2. ESTABLISHMENT.

    The Secretary of Commerce shall establish a commission 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 President.
    (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 National Labor Relations Board.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for a term 
        of six years, except as provided in paragraphs (2) and (3). A 
        member may be appointed for more than one term.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed--
                    (A) two, not affiliated with the same political 
                party, shall be appointed for a term of six years;
                    (B) two, not affiliated with the same political 
                party, shall be appointed for a term of four years; and
                    (C) two, not affiliated with the same political 
                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 appointed 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 General Schedule.
            (2) Prohibition of compensation of federal employees.--
        Except as provided in subsection (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 service 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 Commission 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 Commission'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 hearings, 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 member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized 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 conditions as other agencies of the 
United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary 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 relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production 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 person refuses to 
        obey a subpoena issued by the Commission under paragraph (1), 
        the Commission may apply to a United States district court for 
        an order requiring that person to appear before the Commission 
        to give testimony, produce evidence, or both, relating to the 
        matter under investigation. The application 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 
        Procedure 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 Committee on 
        Education and the Workforce, the Committee on Energy and 
        Commerce, and the Committee on Ways and Means of the House of 
        Representatives;
            (2) the Committee on Appropriations, the Committee on 
        Commerce, Science, and Transportation, the Committee on 
        Finance, and the Committee on Health, Education, Labor, and 
        Pensions of the Senate; and
            (3) the Joint Economic Committee of the Congress,
annual reports including the content described in subsection (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, 2004; and
            (2) not later than May 1, 2005, if such date of enactment 
        is after September 30, 2004.
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 identified under 
        section 3(2);
            (3) the results of the studies conducted pursuant 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 reports 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 subsection--
            (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, 2004; and
            (2) not later than March 1, 2005, if such date of enactment 
        is after September 30, 2004.
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 Secretary of 
Commerce $25,000,000 for fiscal year 2005, 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 established 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 Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the Virgin Islands, and any other 
        territory or possession of the United States.
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