United States Call Center Worker and Consumer Protection Act of 2019
This bill establishes restrictions on businesses that relocate call centers or redirect customer service calls to locations outside the United States.
Specifically, a business must notify the Department of Labor that it intends to move its customer service call center overseas and Labor must maintain a publicly available list of such businesses. Subject to narrow exceptions, a business appearing on such list is ineligible to receive federal grants or guaranteed loans for five years after the business is added to the list. Further, agencies must condition the awarding of government contracts on the requirement that any call center activity pursuant to the contract must be performed in the United States.
Additionally, the bill requires call center employees to disclose their physical location at the beginning of each call initiated or received, unless all employees of the business participating in the communication are located in the United States, among other exceptions.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3219
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 overseas, to make such companies ineligible for Federal grants or
guaranteed loans, and to require disclosure of the physical location of
business agents engaging in customer service communications, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2019
Mr. McKinley (for himself and Mr. Pocan) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Education and Labor, Armed Services, and
Oversight and Reform, 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 require the Secretary of Labor to maintain a publicly available list
of all employers that relocate a call center or contract call center
work overseas, to make such companies ineligible for Federal grants or
guaranteed loans, and to require disclosure of the physical location of
business agents engaging in customer service communications, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States Call
Center Worker and Consumer Protection Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CONSEQUENCES FOR RELOCATING OR CONTRACTING OUT CALL CENTER
WORK OVERSEAS
Sec. 101. List of call centers relocating or contracting call center
work overseas and ineligibility for grants
or guaranteed loans.
Sec. 102. Rule of construction related to Federal benefits for workers.
Sec. 103. Report regarding Federal call center work locations.
Sec. 104. Requirement that call center work under a Federal contract be
performed inside the United States.
TITLE II--REQUIRED DISCLOSURE OF PHYSICAL LOCATIONS IN CUSTOMER SERVICE
COMMUNICATIONS
Sec. 201. Required disclosure by business entities engaged in customer
service communications of physical
location.
Sec. 202. Enforcement.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means a Federal or State
executive agency or a military department.
(2) Business entity.--The term ``business entity'' means
any organization, corporation, trust, partnership, sole
proprietorship, unincorporated association, or venture
established to make a profit, in whole or in part, by
purposefully availing itself of the privilege of conducting
commerce in the United States.
(3) Call center.--The term ``call center'' means a facility
or other operation whereby employees receive incoming telephone
calls, emails, or other electronic communication for the
purpose of providing customer assistance or other service.
(4) Consumer.--The term ``consumer'' means any individual
within the territorial jurisdiction of the United States who
purchases, transacts, or contracts for the purchase or
transaction of any goods, merchandise, or services, not for
resale in the ordinary course of the individual's trade or
business, but for the individual's use or that of a member of
the individual's household.
(5) Contracting call center work overseas.--The term
``contracting call center work overseas'' means transferring
the work of a call center, or of one or more facilities or
operating units within a call center comprising at least 30
percent of the total volume of the call center or operating
unit when measured against the previous 12-month average call
volume of operations or substantially similar operations,
through a contract or other agreement to another entity who
will perform that work outside of the United States.
(6) Customer service communication.--The term ``customer
service communication'' means any telecommunication or wire
communication between a consumer and a business entity in
furtherance of commerce.
(7) Employer.--The term ``employer'' means any business
enterprise that employs in a call center--
(A) 50 or more employees, excluding part-time
employees; or
(B) 50 or more employees who in the aggregate work
at least 1,500 hours per week (exclusive of hours of
overtime).
(8) Part-time employee.--The term ``part-time employee''
means an employee who is employed for an average of fewer than
20 hours per week or who has been employed for fewer than 6 of
the 12 months preceding the date on which notice is required.
(9) Relocating and relocation.--The terms ``relocating''
and ``relocation'' refer to the closure of a call center, or
the cessation of operations of a call center, or one or more
facilities or operating units within a call center comprising
at least 30 percent of the total volume of the call center or
operating unit, when measured against the previous 12-month
average call volume of operations or substantially similar
operations, and the transferring of the operations of the call
center (or facilities or operating units) to another location
outside of the United States.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(11) Telecommunication.--The term ``telecommunication''
means the transmission, between or among points specified by
the communicator, of information of the communicator's
choosing, without change in the form or content of the
information as sent and received.
(12) Wire communication and communication by wire.--The
term ``wire communication'' or ``communication by wire'' means
the transmission of writing, signs, signals, pictures, and
sounds of all kinds by aid of wire, cable, or other like
connection between the points of origin and reception of such
transmission, including all instrumentalities, facilities,
apparatus, and services (among other things, the receipt,
forwarding, and delivery of communications) incidental to such
transmission.
TITLE I--CONSEQUENCES FOR RELOCATING OR CONTRACTING OUT CALL CENTER
WORK OVERSEAS
SEC. 101. LIST OF CALL CENTERS RELOCATING OR CONTRACTING CALL CENTER
WORK OVERSEAS AND INELIGIBILITY FOR GRANTS OR GUARANTEED
LOANS.
(a) List.--
(1) Notice requirement.--
(A) In general.--Not fewer than 120 days before
relocating a call center outside of the United States,
or contracting call center work overseas, an employer
shall notify the Secretary of such relocation or
contracting.
(B) Penalty.--A person who violates subparagraph
(A) shall be subject to a civil penalty not to exceed
$10,000 for each day of violation.
(2) Establishment and maintenance of list.--
(A) In general.--The Secretary shall establish,
maintain, and make available to the public a list of
all employers who relocate a call center or contract
call center work overseas, as described in paragraph
(1)(A).
(B) Term.--Each employer included in the list
required by subparagraph (A) shall remain on the list
for a period not to exceed 5 years after each instance
of relocating a call center or contracting call center
work overseas.
(C) Removal.--The Secretary may remove an employer
from the list required by subparagraph (A) if the
Secretary determines that--
(i)(I) the employer has relocated a call
center from a location outside of the United
States to a location in the United States; and
(II) 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
States; or
(ii) in the case of an employer who
contracted call center work overseas, 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 States.
(b) Ineligibility for Grants or Guaranteed Loans.--
(1) Ineligibility.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, an employer who
appears on the list required by subsection (a)(2)(A) shall be
ineligible for any direct or indirect Federal grants or Federal
guaranteed loans for 5 years after the date such employer was
added to the list.
(2) Exceptions.--The Secretary, in consultation with the
appropriate agency providing a loan or grant, may waive the
eligibility restriction provided under paragraph (1) if the
employer applying for such loan or grant demonstrates that a
lack of such loan or grant would--
(A) threaten national security;
(B) result in substantial job loss in the United
States; or
(C) harm the environment.
(c) Preference in Federal Contracting for Not Relocating or
Contracting Call Center Work Overseas.--The head of an agency, when
awarding a civilian or defense-related Federal contract, shall give
preference to a United States employer that does not appear on the list
required by subsection (a)(2)(A).
(d) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
SEC. 102. RULE OF CONSTRUCTION RELATED TO FEDERAL BENEFITS FOR WORKERS.
No provision of this title shall be construed to permit withholding
or denial of payments, compensation, or benefits under any provision of
Federal law (including Federal unemployment compensation, disability
payments, or worker retraining or readjustment funds) to workers
employed by employers that relocate operations outside the United
States.
SEC. 103. REPORT REGARDING FEDERAL CALL CENTER WORK LOCATIONS.
By not later than 1 year after the date of enactment of this Act,
the Secretary of Labor shall prepare and submit to Congress a report
that documents the location, and amount, of call center work conducted
by or for the Federal Government, including--
(1) a determination of the amount of such Federal call
center work that is conducted by Federal employees, and the
amount conducted by Federal contractors; and
(2) all locations at which such Federal call center work is
being conducted, whether by Federal employees or through
Federal contracts.
SEC. 104. REQUIREMENT THAT CALL CENTER WORK UNDER A FEDERAL CONTRACT BE
PERFORMED INSIDE THE UNITED STATES.
The head of an agency, when awarding a civilian or defense-related
Federal contract, 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
States.
TITLE II--REQUIRED DISCLOSURE OF PHYSICAL LOCATIONS IN CUSTOMER SERVICE
COMMUNICATIONS
SEC. 201. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER
SERVICE COMMUNICATIONS OF PHYSICAL LOCATION.
(a) In General.--Except as provided in subsection (b), 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
received.
(b) Exceptions.--
(1) Business entities located in the united states.--The
requirements of subsection (a) 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 States.
(2) Communication initiated by consumer knowingly to
foreign entity or address.--The requirements of subsection (a)
shall not apply to an employee or agent of a business entity
participating in a customer service communication with a
consumer if--
(A) the customer service communication was
initiated by the consumer;
(B) the employee or agent is physically located
outside the United States; and
(C) the consumer knows or reasonably should know
that the employee or agent is physically located
outside the United States.
(3) Emergency services.--The requirements of subsection (a)
shall not apply to a customer service communication relating to
the provision of emergency services (as defined by the Federal
Trade Commission).
(4) 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 (a) if the Commission finds
exceptionally compelling circumstances that justify such
exclusion.
(c) Transfer to U.S.-Based Customer Service Center.--A business
entity that is subject to the requirements of subsection (a) shall, at
the request of a customer, transfer the customer to a customer service
agent who is physically located in the United States.
(d) Certification Requirement.--Each year, 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 (a) and (c).
(e) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
such regulations as may be necessary to carry out the provisions of
this section.
(f) Effective Date.--The requirements of subsection (a) shall apply
with respect to customer service communications occurring on or after
the date that is 1 year after the date of the enactment of this Act.
SEC. 202. ENFORCEMENT.
(a) In General.--Any failure to comply with the provisions of
section 201 shall be treated as a violation of a regulation under
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall prevent
any person from violating section 201 and any regulation
promulgated thereunder, in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act.
(2) Penalties.--Any person who violates regulations
promulgated under section 201 shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same
means, and with the same jurisdiction, power, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made part of this
Act.
(c) Authority Preserved.--Nothing in this section or section 201
shall be construed to limit the authority of the Federal Trade
Commission under any other provision of law.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Armed Services, and Oversight and Reform, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Armed Services, and Oversight and Reform, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Armed Services, and Oversight and Reform, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Armed Services, and Oversight and Reform, 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.
Referred to the Subcommittee on Consumer Protection and Commerce.
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