[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 278

 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 SENATE OF THE UNITED STATES

                            January 28, 2015

   Mr. Blunt (for himself, Mr. Cornyn, Mrs. Fischer and Mr. Roberts) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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. Procedures for in-person and telephonic interactions conducted 
                            by executive branch employees.
``Sec. 7921. Procedures for in-person and telephonic interactions 
              conducted by executive branch employees
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `covered interaction' means an in-person or 
        telephonic interview, audit, investigation, inspection, or 
        other official interaction between an employee of an Executive 
        agency and another individual relating to a possible or alleged 
        violation of any Federal statute or regulation 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, the 
        individual or a business owned or operated by the individual;
            ``(2) the term `State' means each of the several States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States; and
            ``(3) the term `telephonic' means by telephone or other 
        similar electronic device.
    ``(b) Recording of Enforcement Actions.--
            ``(1) Recording by individuals.--Any employee of an 
        Executive agency who is conducting a covered interaction with 
        an individual shall allow the individual to make an audio 
        recording of the covered interaction at the individual's own 
        expense and with the individual's own equipment.
            ``(2) Recording by federal employees.--Any employee of an 
        Executive agency that is conducting a covered interaction may 
        record that interaction if the employee--
                    ``(A) informs the individual of the recording prior 
                to or at the initiation of the interaction; and
                    ``(B) upon request of the individual, provides the 
                individual with a transcript or copy of the recording, 
                but only if the individual provides reimbursement for 
                the cost of the transcription and reproduction of the 
                transcript or copy.
    ``(c) Explanations of Rights.--
            ``(1) In general.--Any employee of an Executive agency 
        shall, before or at an initial covered interaction, provide to 
        the individual a verbal or written notice of the individual's 
        rights under this section.
            ``(2) Separate notifications for separate violations.--
        Paragraph (1) shall not, for purposes of any covered 
        interaction, be considered satisfied based on a notification 
        previously given if that previous notification was given in the 
        case of a possible or alleged violation separate from the 
        possible or alleged violation at hand.
    ``(d) Application to Official Representative or Those Holding Power 
of Attorney.--Any person who is permitted to represent, before an 
Executive agency described in subsection (b)(1), an individual 
permitted to make an audio recording under that subsection of a covered 
interaction conducted by an employee of that Executive agency--
            ``(1) shall be permitted--
                    ``(A) to make an audio recording under subsection 
                (b)(1) as if the person were the individual; and
                    ``(B) to receive a transcript or copy of an audio 
                recording under subsection (b)(2) as if the person were 
                the individual;
            ``(2) shall receive the same notice as that which is 
        required to be provided to the individual under subsection (c); 
        and
            ``(3) with respect to an audio recording (as referred to in 
        paragraph (1)(A)) and a transcript or copy of a recording (as 
        referred to in paragraph (1)(B)), shall have the same rights as 
        described in subsection (e).
    ``(e) Property of Audio Recording.--Any audio recording or 
transcript of an audio recording made by an individual under subsection 
(b)(1) or provided to an individual under subsection (b)(2)(B) shall be 
the property of the individual.
    ``(f) No Cause of Action.--This section does not create any express 
or implied private right of action.
    ``(g) Exceptions.--
            ``(1) Classified information, public safety, criminal 
        investigation.--This section shall not apply to any covered 
        interaction that is likely to include the discussion of--
                    ``(A) classified material;
                    ``(B) information that, if released publicly, would 
                endanger public safety; or
                    ``(C) information that, if released publicly, would 
                endanger an ongoing criminal investigation conducted by 
                a Federal law enforcement officer (as defined in 
                section 2 of the Law Enforcement Congressional Badge of 
                Bravery Act of 2008 (42 U.S.C. 15231)) who is employed 
                by a Federal law enforcement agency.
            ``(2) Determination by employees.--An employee of an 
        Executive agency who determines that an exception under 
        paragraph (1) applies to a covered interaction or series of 
        covered interactions shall provide written notification of the 
        determination to any person who would otherwise be permitted to 
        make an audio recording of the interaction or interactions 
        under subsection (b)(1) or (d).
    ``(h) Prior Law.--For the purposes set forth in paragraphs (1) and 
(2) of subsection (b), this section supersedes section 2511(2)(d) of 
title 18 and any provision of Federal or State law insofar as such 
section or provision relates to the recording of an interaction that is 
a covered interaction.
    ``(i) Disciplinary Action.--An employee of an Executive agency who 
violates this section shall be subject to appropriate disciplinary 
action in accordance with otherwise applicable provisions of law.''.
    (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''.
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