117 S2409 IS: United States Call Center Worker and Consumer Protection Act of 2021 U.S. Senate 2021-07-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2409IN THE SENATE OF THE UNITED STATESJuly 21, 2021Mr. Casey (for himself, Mr. Brown, Ms. Cortez Masto, Mr. Blumenthal, Mr. Van Hollen, Mr. Durbin, Ms. Baldwin, Mr. Padilla, Mrs. Gillibrand, Mr. Peters, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo 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.

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 2021.(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 overseasSec. 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 communicationsSec. 201. Required disclosure by business entities engaged in customer service communications of physical location.Sec. 202. Enforcement.

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.