I 
117TH CONGRESS 
1ST SESSION H. R. 4603 
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 guaran-
teed loans, and to require disclosure of the physical location of business 
agents engaging in customer service communications, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2021 
Mr. MCKINLEY (for himself, Mr. POCAN, Mr. FITZPATRICK, and Ms. DAVIDS 
of Kansas) introduced the following bill; which was referred to the Com-
mittee 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 com-
mittee 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 com-
panies ineligible for Federal grants or guaranteed loans, 
and to require disclosure of the physical location of busi-
ness agents engaging in customer service communica-
tions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘United States Call Center Worker and Consumer Protec-
tion 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 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 per-
formed 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 de-
partment. 
(2) BUSINESS
ENTITY.—The term ‘‘business 
entity’’ means any organization, corporation, trust, 
partnership, sole proprietorship, unincorporated as-
sociation, or venture established to make a profit, in 
whole or in part, by purposefully availing itself of 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
the privilege of conducting commerce in the United 
States. 
(3) CALL
CENTER.—The term ‘‘call center’’ 
means a facility or other operation whereby employ-
ees receive incoming telephone calls, emails, or other 
electronic communication for the purpose of pro-
viding 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 con-
tracts for the purchase or transaction of any goods, 
merchandise, or services, not for resale in the ordi-
nary 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 OVER-
SEAS.—The term ‘‘contracting call center work over-
seas’’ 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 aver-
age call volume of operations or substantially similar 
operations, through a contract or other agreement to 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
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 be-
tween a consumer and a business entity in further-
ance of commerce. 
(7) EMPLOYER.—The term ‘‘employer’’ means 
any business enterprise that employs in a call cen-
ter— 
(A) 50 or more employees, excluding part- 
time employees; or 
(B) 50 or more employees who in the ag-
gregate work at least 1,500 hours per week (ex-
clusive 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 re-
quired. 
(9) 
RELOCATING
AND
RELOCATION.—The 
terms ‘‘relocating’’ and ‘‘relocation’’ refer to the clo-
sure of a call center, or the cessation of operations 
of a call center, or one or more facilities or operating 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
units within a call center comprising at least 30 per-
cent of the total volume of the call center or oper-
ating unit, when measured against the previous 12- 
month average call volume of operations or substan-
tially similar operations, and the transferring of the 
operations of the call center (or facilities or oper-
ating units) to another location outside of the 
United States. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(11) TELECOMMUNICATION.—The term ‘‘tele-
communication’’ means the transmission, between or 
among points specified by the communicator, of in-
formation of the communicator’s choosing, without 
change in the form or content of the information as 
sent and received. 
(12) WIRE COMMUNICATION AND COMMUNICA-
TION 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, facili-
ties, apparatus, and services (among other things, 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
the receipt, forwarding, and delivery of communica-
tions) incidental to such transmission. 
TITLE I—CONSEQUENCES FOR 
RELOCATING 
OR 
CON-
TRACTING OUT CALL CENTER 
WORK OVERSEAS 
SEC. 101. LIST OF CALL CENTERS RELOCATING OR CON-
TRACTING CALL CENTER WORK OVERSEAS 
AND INELIGIBILITY FOR GRANTS OR GUAR-
ANTEED 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 Sec-
retary of such relocation or contracting. 
(B) PENALTY.—A person who violates sub-
paragraph (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 es-
tablish, maintain, and make available to the 
public a list of all employers who relocate a call 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
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 re-
main 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 re-
move an employer from the list required by sub-
paragraph (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 em-
ployees who worked at the original call 
center that was relocated to a location out-
side 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 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
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 provi-
sion of law, an employer who appears on the list re-
quired 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 em-
ployer was added to the list. 
(2) EXCEPTIONS.—The Secretary, in consulta-
tion 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 award-
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
ing 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 bene-
fits under any provision of Federal law (including Federal 
unemployment compensation, disability payments, or 
worker retraining or readjustment funds) to workers em-
ployed 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 sub-
mit to Congress a report that documents the location, and 
amount, of call center work conducted by or for the Fed-
eral Government, including— 
(1) a determination of the amount of such Fed-
eral call center work that is conducted by Federal 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
employees, and the amount conducted by Federal 
contractors; and 
(2) all locations at which such Federal call cen-
ter work is being conducted, whether by Federal em-
ployees or through Federal contracts. 
SEC. 104. REQUIREMENT THAT CALL CENTER WORK UNDER 
A FEDERAL CONTRACT BE PERFORMED IN-
SIDE THE UNITED STATES. 
The head of an agency, when awarding a civilian or 
defense-related Federal contract, shall require as a condi-
tion 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 
DISCLO-
SURE 
OF 
PHYSICAL 
LOCA-
TIONS IN CUSTOMER SERV-
ICE COMMUNICATIONS 
SEC. 201. REQUIRED DISCLOSURE BY BUSINESS ENTITIES 
ENGAGED IN CUSTOMER SERVICE COMMU-
NICATIONS OF PHYSICAL LOCATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), a business entity that either initiates or receives a cus-
tomer service communication shall require that each of its 
employees or agents participating in the communication 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
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 communica-
tion involving a business entity if all of the employ-
ees 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 partici-
pating 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 lo-
cated 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 serv-
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
ice communication relating to the provision of emer-
gency services (as defined by the Federal Trade 
Commission). 
(4) BUSINESS ENTITIES AND CUSTOMER SERV-
ICE
COMMUNICATIONS
EXCLUDED
BY
FEDERAL 
TRADE COMMISSION.—The Federal Trade Commis-
sion 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 require-
ments 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 Commis-
sion that it has complied or failed to comply with the re-
quirements of subsections (a) and (c). 
(e) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this Act, the Federal Trade Com-
mission shall promulgate such regulations as may be nec-
essary to carry out the provisions of this section. 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
(f) EFFECTIVE DATE.—The requirements of sub-
section (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)) regard-
ing unfair or deceptive acts or practices. 
(b) POWERS OF FEDERAL TRADE COMMISSION.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion 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 incor-
porated into and made a part of this Act. 
(2) PENALTIES.—Any person who violates regu-
lations promulgated under section 201 shall be sub-
ject to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade Com-
mission Act in the same manner, by the same 
means, and with the same jurisdiction, power, and 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS
duties as though all applicable terms and provisions 
of the Federal Trade Commission Act were incor-
porated into and made part of this Act. 
(c) AUTHORITY PRESERVED.—Nothing in this sec-
tion or section 201 shall be construed to limit the author-
ity of the Federal Trade Commission under any other pro-
vision of law. 
Æ 
VerDate Sep 11 2014 
01:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H4603.IH
H4603
kjohnson on DSK79L0C42PROD with BILLS