II 

118TH CONGRESS 

2D SESSION S. 4300 

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 

MAY 9, 2024 

Mr. CASEY (for himself, Ms. BALDWIN, Mr. BLUMENTHAL, Ms. BUTLER, Mr. 

CARDIN, Mr. DURBIN, Mr. FETTERMAN, Mrs. GILLIBRAND, Ms. HASSAN, 

Mr. MARKEY, Mr. MERKLEY, Mr. PADILLA, Mr. PETERS, Ms. ROSEN, 

Mr. SANDERS, Ms. STABENOW, Mr. VAN HOLLEN, and Ms. WARREN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘United States Call Center Worker and Consumer Protec4 tion Act of 2024’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) AGENCY.—The term ‘‘agency’’ means a 

10 Federal or State executive agency or a military de11 partment. 

12 (2) BUSINESS ENTITY.—The term ‘‘business 

13 entity’’ means any organization, corporation, trust, 

14 partnership, sole proprietorship, unincorporated as15 sociation, or venture established to make a profit, in 

16 whole or in part, by purposefully availing itself of 


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1 the privilege of conducting commerce in the United 

2 States. 

3 (3) CALL CENTER.—The term ‘‘call center’’ 

4 means a facility or other operation whereby employ5 ees receive incoming telephone calls, emails, or other 

6 electronic communication for the purpose of pro7 viding customer assistance or other service. 

8 (4) CONSUMER.—The term ‘‘consumer’’ means 

9 any individual within the territorial jurisdiction of 

10 the United States who purchases, transacts, or con11 tracts for the purchase or transaction of any goods, 

12 merchandise, or services, not for resale in the ordi13 nary course of the individual’s trade or business, but 

14 for the individual’s use or that of a member of the 

15 individual’s household. 

16 (5) CONTRACTING CALL CENTER WORK OVER17 SEAS.—The term ‘‘contracting call center work over18 seas’’ means transferring the work of a call center, 

19 or of one or more facilities or operating units within 

20 a call center comprising at least 30 percent of the 

21 total volume of the call center or operating unit 

22 when measured against the previous 12-month aver23 age call volume of operations or substantially similar 

24 operations, through a contract or other agreement to 


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1 another entity who will perform that work outside of 

2 the United States. 

3 (6) CUSTOMER SERVICE COMMUNICATION.— 

4 The term ‘‘customer service communication’’ means 

5 any telecommunication or wire communication be6 tween a consumer and a business entity in further7 ance of commerce. 

8 (7) EMPLOYER.—The term ‘‘employer’’ means 

9 any business enterprise that employs in a call cen10 ter— 

11 (A) 50 or more employees, excluding part12 time employees; or 

13 (B) 50 or more employees who in the ag14 gregate work at least 1,500 hours per week (ex15 clusive of hours of overtime). 

16 (8) PART-TIME EMPLOYEE.—The term ‘‘part17 time employee’’ means an employee who is employed 

18 for an average of fewer than 20 hours per week or 

19 who has been employed for fewer than 6 of the 12 

20 months preceding the date on which notice is re21 quired. 

22 (9) RELOCATING AND RELOCATION.—The 

23 terms ‘‘relocating’’ and ‘‘relocation’’ refer to the clo24 sure of a call center, or the cessation of operations 

25 of a call center, or one or more facilities or operating 


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1 units within a call center comprising at least 30 per2 cent of the total volume of the call center or oper3 ating unit, when measured against the previous 12- 

4 month average call volume of operations or substan5 tially similar operations, and the transferring of the 

6 operations of the call center (or facilities or oper7 ating units) to another location outside of the 

8 United States. 

9 (10) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Labor. 

11 (11) TELECOMMUNICATION.—The term ‘‘tele12 communication’’ means the transmission, between or 

13 among points specified by the communicator, of in14 formation of the communicator’s choosing, without 

15 change in the form or content of the information as 

16 sent and received. 

17 (12) WIRE COMMUNICATION.—The term ‘‘wire 

18 communication’’ means the transmission of writing, 

19 signs, signals, pictures, and sounds of all kinds by 

20 aid of wire, cable, or other like connection between 

21 the points of origin and reception of such trans22 mission, including all instrumentalities, facilities, ap23 paratus, and services (among other things, the re24 ceipt, forwarding, and delivery of communications) 

25 incidental to such transmission. 


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1 TITLE I—CONSEQUENCES FOR 

2 RELOCATING OR CON3 TRACTING OUT CALL CENTER 

4 WORK OVERSEAS 

5 SEC. 101. LIST OF CALL CENTERS RELOCATING OR CON6 TRACTING CALL CENTER WORK OVERSEAS 

7 AND INELIGIBILITY FOR GRANTS OR GUAR8 ANTEED LOANS. 

9 (a) LIST.— 

10 (1) NOTICE REQUIREMENT.— 

11 (A) IN GENERAL.—Not fewer than 120 

12 days before relocating a call center outside of 

13 the United States, or contracting call center 

14 work overseas, an employer shall notify the Sec15 retary of such relocation or contracting. 

16 (B) PENALTY.—A person who violates sub17 paragraph (A) shall be subject to a civil penalty 

18 not to exceed $10,000 for each day of violation. 

19 (2) ESTABLISHMENT AND MAINTENANCE OF

20 LIST.— 

21 (A) IN GENERAL.—The Secretary shall es22 tablish, maintain, and make available to the 

23 public a list of all employers who relocate a call 

24 center or contract call center work overseas, as 

25 described in paragraph (1)(A). 


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1 (B) TERM.—Each employer included in 

2 the list required by subparagraph (A) shall re3 main on the list for a period not to exceed 5 

4 years after each instance of relocating a call 

5 center or contracting call center work overseas. 

6 (C) REMOVAL.—The Secretary may re7 move an employer from the list required by sub8 paragraph (A) if the Secretary determines 

9 that— 

10 (i)(I) the employer has relocated a call 

11 center from a location outside of the 

12 United States to a location in the United 

13 States; and 

14 (II) the new call center in the United 

15 States employs a number of employees 

16 equal to or greater than the number of em17 ployees who worked at the original call 

18 center that was relocated to a location out19 side of the United States; or 

20 (ii) in the case of an employer who 

21 contracted call center work overseas, the 

22 employer demonstrates that the contract or 

23 agreement has been amended to require 

24 that all employees performing call center 


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1 work under the contract or agreement will 

2 be located in the United States. 

3 (b) INELIGIBILITY FOR GRANTS OR GUARANTEED

4 LOANS.— 

5 (1) INELIGIBILITY.—Except as provided in 

6 paragraph (2) and notwithstanding any other provi7 sion of law, an employer who appears on the list re8 quired by subsection (a)(2)(A) shall be ineligible for 

9 any direct or indirect Federal grants or Federal 

10 guaranteed loans for 5 years after the date such em11 ployer was added to the list. 

12 (2) EXCEPTIONS.—The Secretary, in consulta13 tion with the appropriate agency providing a loan or 

14 grant, may waive the eligibility restriction provided 

15 under paragraph (1) if the employer applying for 

16 such loan or grant demonstrates that a lack of such 

17 loan or grant would— 

18 (A) threaten national security; 

19 (B) result in substantial job loss in the 

20 United States; or 

21 (C) harm the environment. 

22 (c) PREFERENCE IN FEDERAL CONTRACTING FOR

23 NOT RELOCATING OR CONTRACTING CALL CENTER

24 WORK OVERSEAS.—The head of an agency, when award25 ing a civilian or defense-related Federal contract, shall 


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1 give preference to a United States employer that does not 

2 appear on the list required by subsection (a)(2)(A). 

3 (d) EFFECTIVE DATE.—This section shall take effect 

4 on the date that is 1 year after the date of the enactment 

5 of this Act. 

6 SEC. 102. RULE OF CONSTRUCTION RELATED TO FEDERAL 

7 BENEFITS FOR WORKERS. 

8 No provision of this title shall be construed to permit 

9 withholding or denial of payments, compensation, or bene10 fits under any provision of Federal law (including Federal 

11 unemployment compensation, disability payments, or 

12 worker retraining or readjustment funds) to workers em13 ployed by employers that relocate operations outside the 

14 United States. 

15 SEC. 103. REPORT REGARDING FEDERAL CALL CENTER 

16 WORK LOCATIONS. 

17 By not later than 1 year after the date of enactment 

18 of this Act, the Secretary of Labor shall prepare and sub19 mit to Congress a report that documents the location, and 

20 amount, of call center work conducted by or for the Fed21 eral Government, including— 

22 (1) a determination of the amount of such Fed23 eral call center work that is conducted by Federal 

24 employees, and the amount conducted by Federal 

25 contractors; and 


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1 (2) all locations at which such Federal call cen2 ter work is being conducted, whether by Federal em3 ployees or through Federal contracts. 

4 SEC. 104. REQUIREMENT THAT CALL CENTER WORK UNDER 

5 A FEDERAL CONTRACT BE PERFORMED IN6 SIDE THE UNITED STATES. 

7 The head of an agency, when awarding a civilian or 

8 defense-related Federal contract, shall require as a condi9 tion of the contract that any call center work performed 

10 in connection with the contract or any subcontract under 

11 the contract shall be performed inside the United States. 

12 TITLE II—REQUIRED DISCLO13 SURE OF PHYSICAL LOCA14 TIONS IN CUSTOMER SERV15 ICE COMMUNICATIONS 

16 SEC. 201. REQUIRED DISCLOSURE BY BUSINESS ENTITIES 

17 ENGAGED IN CUSTOMER SERVICE COMMU18 NICATIONS OF PHYSICAL LOCATION. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (b), a business entity that either initiates or receives a cus21 tomer service communication shall require that each of its 

22 employees or agents participating in the communication 

23 disclose their physical location at the beginning of each 

24 customer service communication so initiated or received. 

25 (b) EXCEPTIONS.— 


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1 (1) BUSINESS ENTITIES LOCATED IN THE

2 UNITED STATES.—The requirements of subsection 

3 (a) shall not apply to a customer service communica4 tion involving a business entity if all of the employ5 ees or agents of the business entity participating in 

6 such communication are physically located in the 

7 United States. 

8 (2) COMMUNICATION INITIATED BY CONSUMER

9 KNOWINGLY TO FOREIGN ENTITY OR ADDRESS.— 

10 The requirements of subsection (a) shall not apply 

11 to an employee or agent of a business entity partici12 pating in a customer service communication with a 

13 consumer if— 

14 (A) the customer service communication 

15 was initiated by the consumer; 

16 (B) the employee or agent is physically lo17 cated outside the United States; and 

18 (C) the consumer knows or reasonably 

19 should know that the employee or agent is 

20 physically located outside the United States. 

21 (3) EMERGENCY SERVICES.—The requirements 

22 of subsection (a) shall not apply to a customer serv23 ice communication relating to the provision of emer24 gency services (as defined by the Federal Trade 

25 Commission). 


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1 (4) BUSINESS ENTITIES AND CUSTOMER SERV2 ICE COMMUNICATIONS EXCLUDED BY FEDERAL

3 TRADE COMMISSION.—The Federal Trade Commis4 sion may exclude certain classes or types of business 

5 entities or customer service communications from 

6 the requirements of subsection (a) if the Commission 

7 finds exceptionally compelling circumstances that 

8 justify such exclusion. 

9 (c) TRANSFER TO U.S.-BASED CUSTOMER SERVICE

10 CENTER.—A business entity that is subject to the require11 ments of subsection (a) shall, at the request of a customer, 

12 transfer the customer to a customer service agent who is 

13 physically located in the United States. 

14 (d) CERTIFICATION REQUIREMENT.—Each year, 

15 each business entity that participates in a customer service 

16 communication shall certify to the Federal Trade Commis17 sion that it has complied or failed to comply with the re18 quirements of subsections (a) and (c). 

19 (e) REGULATIONS.—Not later than 1 year after the 

20 date of the enactment of this Act, the Federal Trade Com21 mission shall promulgate such regulations as may be nec22 essary to carry out the provisions of this section. 

23 (f) EFFECTIVE DATE.—The requirements of sub24 section (a) shall apply with respect to customer service 


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1 communications occurring on or after the date that is 1 

2 year after the date of the enactment of this Act. 

3 SEC. 202. ENFORCEMENT. 

4 (a) IN GENERAL.—Any failure to comply with the 

5 provisions of section 201 shall be treated as a violation 

6 of a regulation under section 18(a)(1)(B) of the Federal 

7 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regard8 ing unfair or deceptive acts or practices. 

9 (b) POWERS OF FEDERAL TRADE COMMISSION.— 

10 (1) IN GENERAL.—The Federal Trade Commis11 sion shall prevent any person from violating section 

12 201 and any regulation promulgated thereunder, in 

13 the same manner, by the same means, and with the 

14 same jurisdiction, powers, and duties as though all 

15 applicable terms and provisions of the Federal Trade 

16 Commission Act (15 U.S.C. 41 et seq.) were incor17 porated into and made a part of this Act. 

18 (2) PENALTIES.—Any person who violates regu19 lations promulgated under section 201 shall be sub20 ject to the penalties and entitled to the privileges 

21 and immunities provided in the Federal Trade Com22 mission Act in the same manner, by the same 

23 means, and with the same jurisdiction, power, and 

24 duties as though all applicable terms and provisions 


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1 of the Federal Trade Commission Act were incor2 porated into and made part of this Act. 

3 (c) AUTHORITY PRESERVED.—Nothing in this sec4 tion or section 201 shall be construed to limit the author5 ity of the Federal Trade Commission under any other pro6 vision of law. 

Æ 


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