[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3402 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3402

To require the Secretary of Labor to maintain a publicly available list 
  of all employers that relocate a call center 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 18, 2012

Mr. Casey (for himself and Mr. Brown of Ohio) 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 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.

    This Act may be cited as the ``The United States Call Center Worker 
and Consumer Protection Act of 2012''.

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) 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.
            (6) 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).
            (7) 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.
            (8) 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 1 or more 
        facilities or operating units within a call center comprising 
        at least 30 percent of the call center's, or operating unit's, 
        total volume when measured against the previous 12-month 
        average call volume of operations or substantially similar 
        operations to a location outside of the United States.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) 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.
            (11) 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.

SEC. 3. LIST OF CALL CENTERS RELOCATING 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 to a location outside of the 
                United States, an employer shall notify the Secretary 
                of such relocation.
                    (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 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 3 years after each instance 
                of relocating a call center.
                    (C) Removal.--The Secretary may remove an employer 
                from the list required by subparagraph (A) if the 
                Secretary determines that the employer has relocated a 
                call center from a location outside of the United 
                States to a location in the United States.
    (b) Ineligibility for Grants or Guaranteed Loans.--
            (1) Ineligibility.--Except as provided in subsection (b) 
        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 subsection (a) 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 a Call 
Center Overseas.--The head of an agency, when awarding a civilian or 
defense-related 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. 4. RULE OF CONSTRUCTION RELATED TO FEDERAL BENEFITS FOR WORKERS.

    No provision of section 3 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. 5. 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. 6. ENFORCEMENT.

    (a) In General.--Any failure to comply with the provisions of 
section 5 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 5 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 5 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 5 
shall be construed to limit the authority of the Federal Trade 
Commission under any other provision of law.
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