List of call centers relocating or contracting call center work 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 outside of the United States or contracting call center work overseas, an employer shall notify the Secretary of such relocation or contracting. (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 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 remain on the list, except as provided in subparagraph (C), 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 shall remove an employer from the list required by subparagraph (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 employees who worked at the original call center that was relocated to a location outside 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 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 (A) New awards (i) In general Except as provided in paragraph (2) and clause (ii) and notwithstanding any other provision of law, an employer that appears on the list required by subsection (a)(2)(A) shall be ineligible to apply for or receive any direct or indirect Federal grants or Federal guaranteed loans for 5 years after the date such employer was added to the list. (ii) Exception for upcoming removal from ineligibility list (I) In general An employer that appears on the list required by subsection (a)(2)(A) may be eligible to apply for and receive a grant or loan described in clause (i) if the employer certifies to the awarding agency that the employer will meet the requirements described in subsection (a)(2)(C) to be removed by the Secretary from such list not later than 180 days after the date on which the employer receives the grant or loan. (II) Cancellation of grant or loan With respect to any employer that makes a certification described in subclause (I) and receives the applicable grant or loan, the awarding agency for such grant or loan shall cancel the grant or loan and clawback any amount of the grant or loan received by such employer if the employer fails to meet the requirements described in subsection (a)(2)(C) not later than 180 days after the date on which the employer received the grant or loan. (B) Existing awards (i) In general Except as provided in paragraph (2) and notwithstanding any other provision of law, an employer that has received any direct or indirect Federal grant or Federal guaranteed loan and, after receiving the grant or loan, is added to the list required by subsection (a)(2)(A)— (I) shall, on a monthly basis during the term of the grant for each month in which the employer appears on such list, pay a penalty to the awarding agency of the grant or loan equal to 8.3 percent of the total grant or loan payment dispersed to the employer as of the date on which the first penalty is required to be paid under this clause; and (II) shall not be entitled or eligible to receive any further disbursement of the grant or loan while on such list. (ii) Cancellation An agency that has awarded any direct or indirect Federal grant or Federal guaranteed loan to an employer described in clause (i) shall cancel the grant or loan if the employer remains on the list required by subsection (a)(2)(A) as of the date that is one year after the date on which the employer is first required to pay the penalty under subclause (I). (iii) Use of penalty amounts (I) In general Amounts paid as a penalty under clause (i)(I) to an awarding agency shall be available to the awarding agency, without further appropriation, for the grant or loan program with respect to which the penalty is paid. (II) Prohibition on redistribution to same employer Such amounts shall not be available through such program for the same grant or loan to the employer that paid the penalty amounts. (2) Exceptions The Secretary, in consultation 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 awarding 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.