[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2711 Reported in House (RH)]

                                                 Union Calendar No. 132
113th CONGRESS
  1st Session
                                H. R. 2711

                      [Report No. 113-184, Part I]

 To amend title 5, United States Code, to establish certain procedures 
for conducting in-person or telephonic interactions by Executive branch 
          employees with individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2013

    Ms. Jenkins (for herself and Mr. Brady of Texas) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Government Reform, and in addition to the Committee on the Judiciary, 
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 committee concerned

                             July 30, 2013

  Additional sponsors: Mr. Womack, Mr. Roskam, Mr. Long, and Mr. Reed

                             July 30, 2013

Reported from the Committee on Oversight and Government Reform with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 30, 2013

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               17, 2013]


_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to establish certain procedures 
for conducting in-person or telephonic interactions by Executive branch 
          employees with individuals, 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 ``Citizen Empowerment Act''.

SEC. 2. AMENDMENTS.

    (a) In General.--Part III of title 5, United States Code, is 
amended by inserting after chapter 79, the following:

            ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC

``Sec.
``7921. Procedure for in-person and telephonic interactions conducted 
                            by Executive Branch employees.
``Sec. 7921. Procedure for in-person and telephonic interactions 
              conducted by Executive Branch employees
    ``(a) Purpose.--The purpose of this section is to ensure that 
individuals have the right to record in-person and telephonic 
interactions with Executive agency employees and to ensure that 
individuals who are the target of enforcement actions conducted by 
Executive agency employees are notified of such right.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `telephonic' means by telephone or other 
        similar electronic device; and
            ``(2) the term `employee' means an employee of an Executive 
        agency.
    ``(c) Consent of Executive Agency Employees.--Participation by an 
employee, acting in an official capacity, in an in-person or telephonic 
interaction shall constitute consent by the employee to a recording of 
that interaction by any participant in the interaction.
    ``(d) Notice of Rights When Federal Employees Engaged in Certain 
Actions.--A notice of an individual's right to record conversations 
with employees shall be included in any written material provided by an 
Executive agency to the individual concerning an audit, investigation, 
inspection, or enforcement action that could result in the imposition 
of a fine, forfeiture of property, civil monetary penalty, or criminal 
penalty against, or the collection of an unpaid tax, fine, or penalty 
from, such individual or a business owned or operated by such 
individual.
    ``(e) Official Representative.--Any person who is permitted to 
represent before an Executive agency an individual under this section 
shall receive the same notice as required under subsection (d) with 
respect to such individual.
    ``(f) No Cause of Action.--This section does not create any express 
or implied private right of action.
    ``(g) Disciplinary Action.--An employee who violates this section 
shall be subject to appropriate disciplinary action in accordance with 
otherwise applicable provisions of law.
    ``(h) Public Information Concerning Right to Record.--
            ``(1) Posting on agency web sites.--Within 180 days after 
        the date of the enactment of this Act, each Executive agency 
        shall post prominently on its Web site information explaining 
        the right of individuals to record interactions with employees.
            ``(2) OMB guidance.--Within 90 days after the date of the 
        enactment of this Act, the Office of Management and Budget 
        shall issue guidance to Executive agencies concerning 
        implementation of paragraph (1).''.
    (b) Clerical Amendment.--The analysis for part III of title 5, 
United States Code, is amended by inserting after the item relating to 
chapter 79 the following:

``79A. Services to members of the public....................    7921''.
                                                 Union Calendar No. 132

113th CONGRESS

  1st Session

                               H. R. 2711

                      [Report No. 113-184, Part I]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to establish certain procedures 
for conducting in-person or telephonic interactions by Executive branch 
          employees with individuals, and for other purposes.

_______________________________________________________________________

                             July 30, 2013

Reported from the Committee on Oversight and Government Reform with an 
                               amendment

                             July 30, 2013

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed