related contract, shall give preference to a United States 
employer that does not appear on the list required by sub-
section (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 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. 5. REQUIRED DISCLOSURE BY BUSINESS ENTITIES EN-
GAGED IN CUSTOMER SERVICE COMMUNICA-
TIONS 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 
disclose their physical location at the beginning of each 
customer service communication so initiated or received. 
(b) EXCEPTIONS.— 
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(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-
ice communication relating to the provision of emer-
gency services (as defined by the Federal Trade 
Commission). 
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(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. 
(f) EFFECTIVE DATE.—The requirements of sub-
section (a) shall apply with respect to customer service 
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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)) 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 
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 incor-
porated into and made a part of this Act. 
(2) PENALTIES.—Any person who violates regu-
lations promulgated under section 5 shall be subject 
to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Commis-
sion 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 
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Federal Trade Commission Act were incorporated 
into and made part of this Act. 
(c) AUTHORITY PRESERVED.—Nothing in this sec-
tion or section 5 shall be construed to limit the authority 
of the Federal Trade Commission under any other provi-
sion of law. 
Æ 
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