29–006 

113TH CONGRESS REPT. 113–184 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

CITIZEN EMPOWERMENT ACT 

JULY 30, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ISSA, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2711] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 2711) 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, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 5 

Correspondence ........................................................................................................ 6 

Application of Law to the Legislative Branch ....................................................... 8 

Statement of Oversight Findings and Recommendations of the Committee ...... 8 

Statement of General Performance Goals and Objectives .................................... 8 

Duplication of Federal Programs ............................................................................ 8 

Disclosure of Directed Rule Makings ..................................................................... 8 

Federal Advisory Committee Act ............................................................................ 8 

Unfunded Mandate Statement ............................................................................... 8 

Earmark Identification ............................................................................................ 9 

Committee Estimate ................................................................................................ 9 

Budget Authority and Congressional Budget Office Cost Estimate .................... 9 

Changes in Existing Law Made by the Bill as Reported ...................................... 10 

Minority Views ......................................................................................................... 12 


rmajette on DSK2TPTVN1PROD with REPORTS
2 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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. 

‘‘§ 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’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 2711 ensures that individuals have a right to record their 

meetings and telephone exchanges with federal officials, including 

regulatory officials engaged in enforcement activities. Individuals 

are to be notified of such right by federal agencies. 


rmajette on DSK2TPTVN1PROD with REPORTS
3 

BACKGROUND AND NEED FOR LEGISLATION

Federal agencies not only get to write rules, they get to enforce 

them. According to George Washington University law professor 

Jonathan Turley, ‘‘a citizen is 10 times more likely to be tried by 

an agency than by an actual court. In any given year, federal 

judges conduct roughly 95,000 adjudicatory proceedings, including 

trials, while federal agencies complete more than 939,000.’’ 

In these proceedings, citizens have fewer rights than in a courtroom. It is the case that some Federal officials have intimidated, 

coerced, or lied to individuals, violating the public trust and potentially breaking laws. When Federal officials behave badly, far too 

often the citizen lacks evidence to prove the misconduct occurred. 

This bill ensures that individuals have the right to record their 

meetings and telephone exchanges with federal regulatory officials 

engaged in enforcement activities, and requires that agencies take 

steps to notify individuals of such right, by providing notification 

in written material concerning an audit, inspection, investigation, 

etc. and on agency websites. 

The manager’s amendment ensures that law enforcement officers 

(LEOs) would not be impacted adversely. It would not restrict the 

ability of LEOs to conduct, e.g., undercover investigations and wiretap surveillance. 

LEGISLATIVE HISTORY

H.R. 2711 was introduced by Rep. Lynn Jenkins on July 17, 

2013. The legislation was considered by the Oversight and Government Reform Committee on July 24, 2013. The Committee adopted 

an amendment in the nature of a substitute (ANS) offered by Mr. 

Issa. The ANS made substantial changes to the legislation, and 

was agreed to by voice vote. The bill was reported favorably to the 

House, as amended, a quorum being present, by voice vote. 

SECTION-BY-SECTION

Section 1. Short title 

The title of this legislation is the ‘‘Citizen Empowerment Act.’’ 

Section 2. Amendments 

The section adds a new chapter to title 5, U.S.C., ‘‘Chapter 79A— 

Services to Members of the Public,’’ and inserts the following: 

§ 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees.’’ 

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. 

Definitions: 

(1) The term ‘‘telephonic’’ means by telephone or other similar electronic device; and 

(2) The term ‘‘employee’’ means an employee of an Executive 

agency. 

Consent of Executive Agency Employees. Under this section, 

there is implied consent given by any Executive agency employee 


rmajette on DSK2TPTVN1PROD with REPORTS
4 

to record a conversation when an employee is acting in an official 

capacity. This revises the existing status quo, in which the federal 

official can arbitrarily decide whether to consent to a recording on 

a case by case basis, with respect to certain jurisdictions. 

Notice of Rights When Federal Employees Engaged in Certain 

Actions. A notice of an individual’s right to record conversations 

with employees is to 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 that individual or their business. 

Official Representation. Those with legal authority to represent 

a covered individual shall receive the same notice. 

No Cause of Action. This section does not create any express or 

implied private right of action. 

Disciplinary Action. An employee who violates this section is subject to appropriate disciplinary action. 

Public Information Concerning Right to Record. Within 90 days, 

OMB must issue guidance to agencies on posting the rights. 

Within 180 days, agencies must prominently post the right to 

record. 

EXPLANATION OF AMENDMENTS

The Committee adopted an amendment in the nature of a substitute offered by Mr. Issa. The ANS made substantial changes to 

the legislation and was agreed to by voice vote. 

The Committee rejected by a vote of 14 ayes to 18 noes an 

amendment offered by Mr. Cummings that would have stipulated 

that nothing in the bill shall supersede any provisions of state law. 

The amendment was rejected because it is extraneous; the legislation does not over-ride or pre-empt state laws. 

COMMITTEE CONSIDERATION

On July 24, 2013, the Committee met in open session and ordered reported favorably the bill, H.R. 2711 as amended, by voice 

vote, a quorum being present. 


rmajette on DSK2TPTVN1PROD with REPORTS
5 


rmajette on DSK2TPTVN1PROD with REPORTSInsert graphic folio 8 HR184P1.001
6 


rmajette on DSK2TPTVN1PROD with REPORTSInsert graphic folio 9 HR184P1.002
7 


rmajette on DSK2TPTVN1PROD with REPORTSInsert graphic folio 10 HR184P1.003
8 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill ensures 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. Legislative branch employees 

and their families, to the extent that they are otherwise eligible for 

the benefits provided by this legislation, have equal access to its 

benefits. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 2711 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Within 90 days of enactment, OMB must issue guidance to agencies on posting information concerning individuals’ right to record 

interactions with employees. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 


rmajette on DSK2TPTVN1PROD with REPORTS
9 

EARMARK IDENTIFICATION

H.R. 2711 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

2711. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 2711 from the Director of Congressional Budget Office: 

JULY 29, 2013. 

Hon. DARRELL ISSA, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2711, the Citizens Empowerment Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2711—Citizens Empowerment Act 

Under H.R. 2711, participation by a federal employee, acting in 

an official capacity, in an in-person or telephone conversation 

would constitute consent to a recording of that conversation by another participant in the conversation. The bill would require federal employees to provide written notice of the public’s right to 

record a conversation before meetings or phone calls take place. 

Agencies would be required to include a right-to-record statement 

on all written materials provided to the public as well as post that 

statement on their websites. Guidance on those statements would 

be provided by the Office of Management and Budget. 

CBO expects that updating preprinted communications with the 

public would have no significant impact on administrative costs. 

The legislation also could affect direct spending by agencies not 

funded through annual appropriations; therefore, pay-as-you-go 


rmajette on DSK2TPTVN1PROD with REPORTS
10 

procedures apply. CBO estimates, however, that any net increase 

in spending by those agencies would not be significant. Enacting 

the bill would not affect revenues. 

H.R. 2711 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

Subpart A—General Provisions 

Chap. Sec. 

21. Definitions ................................................................................................ 2101 

* * * * * * * 

Subpart F—Labor-Management and Employee Relations 

* * * * * * * 

79A. Services to members of the public ........................................................ 7921 

* * * * * * * 

SUBPART F—LABOR-MANAGEMENT AND 

EMPLOYEE RELATIONS 

* * * * * * * 

CHAPTER 79A—SERVICES TO MEMBERS OF THE PUBLIC 

Sec. 

7921. Procedure for in-person and telephonic interactions conducted by Executive 

Branch employees. 

§ 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 


rmajette on DSK2TPTVN1PROD with REPORTS
11 

(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). 

* * * * * * * 


rmajette on DSK2TPTVN1PROD with REPORTS
(12) 

1Letter from Frank Terreri, National Vice President for Legislative Affairs, Federal Law Enforcement Officers Association, to Chairman Darrell E. Issa and Ranking Member Elijah E. 

Cummings, House Committee on Oversight and Government Reform (July 29, 2013). 

MINORITY VIEWS 

H.R. 2711, the Citizen Empowerment Act, was considered by the 

Committee without a single hearing. The bill as amended would 

interfere with laws put in place by 12 states to protect the privacy 

of their citizens. 

The bill would presumptively deem every federal employee to 

have consented to the recording of every conversation they have in 

their official capacity. This would preempt the laws of the 12 states 

that require every party’s consent before a conversation can be recorded. These laws protect individuals in those states regardless of 

whether the individual is a federal employee. 

H.R. 2711 may also have an adverse impact on law enforcement. 

The Federal Law Enforcement Officers Association sent a letter to 

the Committee that stated: 

This legislation puts law enforcement activities at risk 

and does a disservice to the brave men and women who 

are asked to put their lives on the line to protect us from 

terrorists and criminals.1

The full letter is attached for inclusion in the report on this legislation. 

The Committee should take the time to hold hearings and solicit 

the input of impacted states, law enforcement organizations, federal employee unions, and constitutional and privacy experts before 

bringing this legislation to the House floor. 

ELIJAH E. CUMMINGS. 


rmajette on DSK2TPTVN1PROD with REPORTS
13 


rmajette on DSK2TPTVN1PROD with REPORTSInsert offset folio 18 here HR184P1.004
14 


rmajette on DSK2TPTVN1PROD with REPORTSInsert offset folio 19 here HR184P1.005