,,ii #aafth ,,congress #ast ,session ,s4 #agib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjai,mr4 ,casey 7for himself1 ,mr4 ,brown1 ,mr4 ,blumenthal1 ,ms4 ,cortez ,masto1 ,ms4 ,baldwin1 ,ms4 ,rosen1 ,mr4 ,manchin1 ,ms4 ,stabenow1 ,ms4 ,harris1 ,mr4 ,van ,hollen1 ,mr4 ,durbin1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,secretary of ,labor to maintain a publicly available list of all employers that relocate a call center or contract call center work overseas1 to make such companies ineligible for ,federal grants or guaranteed loans1 and to require disclosure of the physical location of business agents engaging in customer service communications1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,united ,states ,call ,center ,worker and ,consumer ,protection ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,consequences for relocating or contracting out call center work overseas,sec4 #aja4 ,list of call centers relocating or contracting call center work overseas and ineligibility for grants or guaranteed loans4,sec4 #ajb4 ,rule of construction related to ,federal benefits for workers4,sec4 #ajc4 ,report regarding ,federal call center work locations4,sec4 #ajd4 ,requirement that call center work under a ,federal contract be performed inside the ,united ,states4,,title ,,ii--,required disclosure of physical locations in customer service communications,sec4 #bja4 ,required disclosure by business entities engaged in customer service communications of physical location4,sec4 #bjb4 ,enforcement4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency means a ,federal or ,state executive agency or a military department4 7#b7 ,business entity ,the term business entity means any organization1 corporation1 trust1 partnership1 sole proprietorship1 unincorporated association1 or venture established to make a profit1 in whole or in part1 by purposefully availing itself of the privilege of conducting commerce in the ,united ,states4 7#c7 ,call center ,the term call center means a facility or other operation whereby employees receive incoming telephone calls1 emails1 or other electronic communication for the purpose of providing customer assistance or other service4 7#d7 ,consumer ,the term consumer means any individual within the territorial jurisdiction of the ,united ,states who purchases1 transacts1 or contracts for the purchase or transaction of any goods1 merchandise1 or services1 not for resale in the ordinary course of the individual's trade or business1 but for the individual's use or that of a member of the individual's household4 7#e7 ,contracting call center work overseas ,the term contracting call center work overseas means transferring the work of a call center1 or of one or more facilities or operating units within a call center comprising at least #cj percent of the total volume of the call center or operating unit when measured against the previous #ab-month average call volume of operations or substantially similar operations1 through a contract or other agreement to another entity who will perform that work outside of the ,united ,states4 7#f7 ,customer service communication ,the term customer service communication means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce4 7#g7 ,employer ,the term employer means any business enterprise that employs in a call center-- 7,a7 #ej or more employees1 excluding part-time employees2 or 7,b7 #ej or more employees who in the aggregate work at least #a1ejj hours per week 7exclusive of hours of overtime74 7#h7 ,part-time employee ,the term part-time employee means an employee who is employed for an average of fewer than #bj hours per week or who has been employed for fewer than #f of the #ab months preceding the date on which notice is required4 7#i7 ,relocating and relocation ,the terms relocating and relocation refer to the closure of a call center1 or the cessation of operations of a call center1 or one or more facilities or operating units within a call center comprising at least #cj percent of the total volume of the call center or operating unit1 when measured against the previous #ab-month average call volume of operations or substantially similar operations1 and the transferring of the operations of the call center 7or facilities or operating units7 to another location outside of the ,united ,states4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#aa7 ,telecommunication ,the term telecommunication means the transmission1 between or among points specified by the communicator1 of information of the communicator's choosing1 without change in the form or content of the information as sent and received4 7#ab7 ,wire communication and communication by wire ,the term wire communication or communication by wire means the transmission of writing1 signs1 signals1 pictures1 and sounds of all kinds by aid of wire1 cable1 or other like connection between the points of origin and reception of such transmission1 including all instrumentalities1 facilities1 apparatus1 and services 7among other things1 the receipt1 forwarding1 and delivery of communications7 incidental to such transmission4 ,i ,consequences for relocating or contracting out call center work overseas #aja4 ,list of call centers relocating or contracting call center work overseas and ineligibility for grants or guaranteed loans 7a7 ,list 7#a7 ,notice requirement 7,a7 ,in general ,not fewer than #abj days before relocating a call center outside of the ,united ,states1 or contracting call center work overseas1 an employer shall notify the ,secretary of such relocation or contracting4 7,b7 ,penalty ,a person who violates subparagraph 7,a7 shall be subject to a civil penalty not to exceed #aj1jjj for each day of violation4 7#b7 ,establishment and maintenance of list 7,a7 ,in general ,the ,secretary shall establish1 maintain1 and make available to the public a list of all employers who relocate a call center or contract call center work overseas1 as described in paragraph 7#a77;,a74 7,b7 ,term ,each employer included in the list required by subparagraph 7,a7 shall remain on the list for a period not to exceed #e years after each instance of relocating a call center or contracting call center work overseas4 7,c7 ,removal ,the ,secretary may remove an employer from the list required by subparagraph 7,a7 if the ,secretary determines that-- 7i7 7,i7 the employer has relocated a call center from a location outside of the ,united ,states to a location in the ,united ,states2 and 7,,ii7 the new call center in the ,united ,states employs a number of employees equal to or greater than the number of employees who worked at the original call center that was relocated to a location outside of the ,united ,states2 or 7ii7 in the case of an employer who contracted call center work overseas1 the employer demonstrates that the contract or agreement has been amended to require that all employees performing call center work under the contract or agreement will be located in the ,united ,states4 7b7 ,ineligibility for grants or guaranteed loans 7#a7 ,ineligibility ,except as provided in paragraph 7#b7 and notwithstanding any other provision of law1 an employer who appears on the list required by subsection 7a77#b77;,a7 shall be ineligible for any direct or indirect ,federal grants or ,federal guaranteed loans for #e years after the date such employer was added to the list4 7#b7 ,exceptions ,the ,secretary1 in consultation with the appropriate agency providing a loan or grant1 may waive the eligibility restriction provided under paragraph 7#a7 if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would-- 7,a7 threaten national security2 7,b7 result in substantial job loss in the ,united ,states2 or 7,c7 harm the environment4 7c7 ,preference in ,federal contracting for not relocating or contracting call center work overseas ,the head of an agency1 when awarding a civilian or defense-related ,federal contract1 shall give preference to a ,united ,states employer that does not appear on the list required by subsection 7a77#b77;,a74 7d7 ,effective date ,this section shall take effect on the date that is #a year after the date of the enactment of this ,act4 #ajb4 ,rule of construction related to ,federal benefits for workers ,no provision of this title shall be construed to permit withholding or denial of payments1 compensation1 or benefits under any provision of ,federal law 7including ,federal unemployment compensation1 disability payments1 or worker retraining or readjustment funds7 to workers employed by employers that relocate operations outside the ,united ,states4 #ajc4 ,report regarding ,federal call center work locations ,by not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall prepare and submit to ,congress a report that documents the location1 and amount1 of call center work conducted by or for the ,federal ,government1 including-- 7#a7 a determination of the amount of such ,federal call center work that is conducted by ,federal employees1 and the amount conducted by ,federal contractors2 and 7#b7 all locations at which such ,federal call center work is being conducted1 whether by ,federal employees or through ,federal contracts4 #ajd4 ,requirement that call center work under a ,federal contract be performed inside the ,united ,states ,the head of an agency1 when awarding a civilian or defense-related ,federal contract1 shall require as a condition of the contract that any call center work performed in connection with the contract or any subcontract under the contract shall be performed inside the ,united ,states4 ,,ii ,required disclosure of physical locations in customer service communications #bja4 ,required disclosure by business entities engaged in customer service communications of physical location 7a7 ,in general ,except as provided in subsection 7b71 a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received4 7b7 ,exceptions 7#a7 ,business entities located in the ,united ,states ,the requirements of subsection 7a7 shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the ,united ,states4 7#b7 ,communication initiated by consumer knowingly to foreign entity or address ,the requirements of subsection 7a7 shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if-- 7,a7 the customer service communication was initiated by the consumer2 7,b7 the employee or agent is physically located outside the ,united ,states2 and 7,c7 the consumer knows or reasonably should know that the employee or agent is physically located outside the ,united ,states4 7#c7 ,emergency services ,the requirements of subsection 7a7 shall not apply to a customer service communication relating to the provision of emergency services 7as defined by the ,federal ,trade ,commission74 7#d7 ,business entities and customer service communications excluded by ,federal ,trade ,commission ,the ,federal ,trade ,commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection 7a7 if the ,commission finds exceptionally compelling circumstances that justify such exclusion4 7c7 ,transfer to ,u4,s4-,based customer service center ,a business entity that is subject to the requirements of subsection 7a7 shall1 at the request of a customer1 transfer the customer to a customer service agent who is physically located in the ,united ,states4 7d7 ,certification requirement ,each year1 each business entity that participates in a customer service communication shall certify to the ,federal ,trade ,commission that it has complied or failed to comply with the requirements of subsections 7a7 and 7c74 7e7 ,regulations ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,trade ,commission shall promulgate such regulations as may be necessary to carry out the provisions of this section4 7f7 ,effective date ,the requirements of subsection 7a7 shall apply with respect to customer service communications occurring on or after the date that is #a year after the date of the enactment of this ,act4 #bjb4 ,enforcement 7a7 ,in general ,any failure to comply with the provisions of section #bja shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7b7 ,powers of ,federal ,trade ,commission 7#a7 ,in general ,the ,federal ,trade ,commission shall prevent any person from violating section #bja and any regulation promulgated thereunder1 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,penalties ,any person who violates regulations promulgated under section #bja shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act in the same manner1 by the same means1 and with the same jurisdiction1 power1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act were incorporated into and made part of this ,act4 7c7 ,authority preserved ,nothing in this section or section #bja shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4