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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2495 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2495
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 SENATE OF THE UNITED STATES
July 29, 2025
Mr. Gallego (for himself and Mr. Justice) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, 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 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 ``Keep Call Centers
in America Act of 2025''.
(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 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 DISCLOSURES IN CUSTOMER SERVICE COMMUNICATIONS
Sec. 201. Required disclosures by business entities engaged in customer
service communications.
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) Artificial intelligence.--The term ``artificial
intelligence'' means a machine-based system that can, for
explicit or implicit objectives, infer from the input it
receives how to generate outputs such as predictions,
recommendations, or decisions that can influence real or
virtual environments.
(3) 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.
(4) Call center.--The term ``call center'' means an
operation in which employees (including employees working at
one or more facilities or employees working remotely from the
home of the employee) receive incoming telephone calls, emails,
or other electronic communication for the purpose of providing
customer assistance or other service.
(5) 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.
(6) 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.
(7) 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.
(8) 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).
(9) 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.
(10) 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.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) 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.
(13) Wire communication.--The term ``wire communication''
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 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,
except as provided in subparagraph (C), 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 shall 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.--
(A) New awards.--
(i) In general.--Except as provided in
paragraph (2) and clause (ii) and
notwithstanding any other provision of law, an
employer that appears on the list required by
subsection (a)(2)(A) shall be ineligible to
apply for or receive any direct or indirect
Federal grants or Federal guaranteed loans for
5 years after the date such employer was added
to the list.
(ii) Exception for upcoming removal from
ineligibility list.--
(I) In general.--An employer that
appears on the list required by
subsection (a)(2)(A) may be eligible to
apply for and receive a grant or loan
described in clause (i) if the employer
certifies to the awarding agency that
the employer will meet the requirements
described in subsection (a)(2)(C) to be
removed by the Secretary from such list
not later than 180 days after the date
on which the employer receives the
grant or loan.
(II) Cancellation of grant or
loan.--With respect to any employer
that makes a certification described in
subclause (I) and receives the
applicable grant or loan, the awarding
agency for such grant or loan shall
cancel the grant or loan and clawback
any amount of the grant or loan
received by such employer if the
employer fails to meet the requirements
described in subsection (a)(2)(C) not
later than 180 days after the date on
which the employer received the grant
or loan.
(B) Existing awards.--
(i) In general.--Except as provided in
paragraph (2) and notwithstanding any other
provision of law, an employer that has received
any direct or indirect Federal grant or Federal
guaranteed loan and, after receiving the grant
or loan, is added to the list required by
subsection (a)(2)(A)--
(I) shall, on a monthly basis
during the term of the grant for each
month in which the employer appears on
such list, pay a penalty to the
awarding agency of the grant or loan
equal to 8.3 percent of the total grant
or loan payment dispersed to the
employer as of the date on which the
first penalty is required to be paid
under this clause; and
(II) shall not be entitled or
eligible to receive any further
disbursement of the grant or loan while
on such list.
(ii) Cancellation.--An agency that has
awarded any direct or indirect Federal grant or
Federal guaranteed loan to an employer
described in clause (i) shall cancel the grant
or loan if the employer remains on the list
required by subsection (a)(2)(A) as of the date
that is one year after the date on which the
employer is first required to pay the penalty
under subclause (I).
(iii) Use of penalty amounts.--
(I) In general.--Amounts paid as a
penalty under clause (i)(I) to an
awarding agency shall be available to
the awarding agency, without further
appropriation, for the grant or loan
program with respect to which the
penalty is paid.
(II) Prohibition on redistribution
to same employer.--Such amounts shall
not be available through such program
for the same grant or loan to the
employer that paid the penalty amounts.
(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;
(2) all locations at which such Federal call center work is
being conducted, whether by Federal employees or through
Federal contracts; and
(3) any job losses associated with the introduction or use
of artificial intelligence for customer service for Federal
call center work.
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 DISCLOSURES IN CUSTOMER SERVICE COMMUNICATIONS
SEC. 201. REQUIRED DISCLOSURES BY BUSINESS ENTITIES ENGAGED IN CUSTOMER
SERVICE COMMUNICATIONS.
(a) Required Disclosure by Business Entities Engaged in Customer
Service Communications of Physical Location.--
(1) In general.--Except as provided in paragraph (2), a
business entity that either initiates or receives a customer
service communication shall require that, at the beginning of
each customer service communication so initiated or received,
each of its employees or agents participating in the
communication disclose--
(A) their physical location; and
(B) if their physical location is outside of the
United States, that the consumer may, as provided by
subsection (c), request to be immediately transferred
to a customer service agent who is physically located
in the United States.
(2) Exceptions.--
(A) Business entities located in the united
states.--The requirements of paragraph (1) 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.
(B) Communication initiated by consumer knowingly
to foreign entity or address.--The requirements of
paragraph (1) shall not apply to an employee or agent
of a business entity participating in a customer
service communication with a consumer if--
(i) the customer service communication was
initiated by the consumer;
(ii) the employee or agent is physically
located outside the United States; and
(iii) the consumer knows or reasonably
should know that the employee or agent is
physically located outside the United States.
(C) Emergency services.--The requirements of
paragraph (1) shall not apply to a customer service
communication relating to the provision of emergency
services (as defined by the Federal Trade Commission).
(D) 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
paragraph (1) if the Commission finds exceptionally
compelling circumstances that justify such exclusion.
(b) Required Disclosure by Business Entities Engaged in Customer
Service Communications of Use of Artificial Intelligence for Customer
Service.--A business entity that either initiates or receives a
customer service communication and uses artificial intelligence for
customer service communication shall, at the beginning of each customer
service communication so initiated or received, disclose--
(1) that a nonhuman, artificial intelligence or machine is
being used for customer service; and
(2) that the consumer may, as provided by subsection (c),
request to be immediately transferred to a human operator who
is physically located in the United States, including, if
possible, by voice command (such as by saying the word
``agent'').
(c) Transfer to U.S.-based Human Customer Service Center.--A
business entity that is subject to the requirements of subsection (a)
or (b) shall, at the request of a consumer, immediately transfer the
consumer to a human 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), (b), 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 subsections (a), (b), (c),
and (d) 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 Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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