II 

113TH CONGRESS 

1ST SESSION S. 1377 

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 

JULY 25, 2013 

Mr. BLUNT (for himself, Mr. RISCH, Mr. ROBERTS, Mr. CORNYN, and Mrs. 

FISCHER) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Citizen Empowerment 

5 Act’’. 


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1 SEC. 2. AMENDMENTS. 

2 (a) IN GENERAL.—Part III of title 5, United States 

3 Code, is amended by inserting after chapter 79 the fol4 lowing: 

5 ‘‘CHAPTER 79A—SERVICES TO MEMBERS 

6 OF THE PUBLIC 

‘‘Sec. 

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

7 ‘‘§ 7921. Procedures for in-person and telephonic 

8 interactions conducted by executive 

9 branch employees 

10 ‘‘(a) DEFINITIONS.—For purposes of this section— 

11 ‘‘(1) the term ‘telephonic’ means by telephone 

12 or other similar electronic device; and 

13 ‘‘(2) the term ‘State’ means each of the several 

14 States, the District of Columbia, and any common15 wealth, territory, or possession of the United States. 

16 ‘‘(b) RECORDING OF ENFORCEMENT ACTIONS.— 

17 ‘‘(1) RECORDING BY INDIVIDUALS.—Any em18 ployee of an executive agency who is conducting an 

19 in-person or a telephonic interview, audit, investiga20 tion, inspection, or other official in-person or tele21 phonic interaction with an individual, relating to a 

22 possible or alleged violation of any Federal statute 

23 or regulation that could result in the imposition of 

24 a fine, forfeiture of property, civil monetary penalty, 


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1 or criminal penalty against, or the collection of an 

2 unpaid tax, fine, or penalty from, such individual or 

3 a business owned or operated by such individual, 

4 shall allow such individual to make an audio record5 ing of such in-person or telephonic interaction at the 

6 individual’s own expense and with the individual’s 

7 own equipment. 

8 ‘‘(2) RECORDING BY FEDERAL EMPLOYEES.— 

9 Any employee of an executive agency that is con10 ducting an in-person or a telephonic interaction de11 scribed in paragraph (1) may record that interaction 

12 if such employee— 

13 ‘‘(A) informs the individual of such record14 ing prior to or at the initiation of the in-person 

15 or telephonic interaction; and 

16 ‘‘(B) upon request of the individual, pro17 vides the individual with a transcript or copy of 

18 such recording, but only if the individual pro19 vides reimbursement for the cost of the tran20 scription and reproduction of such transcript or 

21 copy. 

22 ‘‘(c) EXPLANATIONS OF RIGHTS.— 

23 ‘‘(1) IN GENERAL.—Any employee of an execu24 tive agency shall, before or at an initial in-person or 

25 telephonic interview, audit, investigation, inspection, 


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1 or other official in-person or telephonic interaction, 

2 described in subsection (b)(1), provide to the indi3 vidual a verbal or written notice of the individual’s 

4 rights under this section. 

5 ‘‘(2) SEPARATE NOTIFICATIONS FOR SEPARATE

6 VIOLATIONS.—Paragraph (1) shall not, for purposes 

7 of any interaction described in subsection (b)(1), be 

8 considered satisfied based on a notification pre9 viously given if that previous notification was given 

10 in the case of a possible or alleged violation separate 

11 from the possible or alleged violation at hand. 

12 ‘‘(d) APPLICATION TO OFFICIAL REPRESENTATIVE

13 OR THOSE HOLDING POWER OF ATTORNEY.—Any person 

14 who is permitted to represent, before an executive agency 

15 described in subsection (b)(1), an individual permitted to 

16 make an audio recording under such subsection of an in17 person or a telephonic interaction conducted by an em18 ployee of that executive agency— 

19 ‘‘(1) shall be permitted— 

20 ‘‘(A) to make an audio recording under 

21 subsection (b)(1) as if the person were such in22 dividual; and 

23 ‘‘(B) to receive a transcript or copy of an 

24 audio recording under subsection (b)(2) as if 

25 the person were such individual; 


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1 ‘‘(2) shall receive the same notice as that which 

2 is required to be provided to the individual under 

3 subsection (c); and 

4 ‘‘(3) with respect to an audio recording (as re5 ferred to in paragraph (1)(A)) and a transcript or 

6 copy of a recording (as referred to in paragraph 

7 (1)(B)), shall have the same rights as described in 

8 subsection (e). 

9 ‘‘(e) PROPERTY OF AUDIO RECORDING.—Any audio 

10 recording or transcript of an audio recording made pursu11 ant to subsection (b)(1) or provided to an individual pur12 suant to subsection (b)(2)(B) shall be the property of such 

13 individual. 

14 ‘‘(f) NO CAUSE OF ACTION.—This section does not 

15 create any express or implied private right of action. 

16 ‘‘(g) EXCEPTIONS.— 

17 ‘‘(1) CLASSIFIED INFORMATION, PUBLIC SAFE18 TY, CRIMINAL INVESTIGATION.—This section shall 

19 not apply to any in-person or telephonic inter20 action— 

21 ‘‘(A) that is likely to include the discussion 

22 of classified material; 

23 ‘‘(B) that is likely to include the discussion 

24 of information that, if released publicly, would 

25 endanger public safety; or 


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1 ‘‘(C) that, if released, would endanger an 

2 ongoing criminal investigation if such investiga3 tion is being conducted by a Federal law en4 forcement officer (as defined by section 2 of the 

5 Law Enforcement Congressional Badge of 

6 Bravery Act of 2008 (42 U.S.C. 15231 note)) 

7 who is employed by a Federal law enforcement 

8 agency. 

9 ‘‘(2) DETERMINATION BY EMPLOYEES.—An 

10 employee of an executive agency who makes a deter11 mination that an exception created by paragraph (1) 

12 applies to an in-person or a telephonic interaction or 

13 to a series of such interactions shall provide written 

14 notification of such determination to any person who 

15 would otherwise be permitted to make an audio re16 cording of the interaction under subsection (b)(1) or 

17 (d). 

18 ‘‘(h) PRIOR LAW.—For the purposes set forth in 

19 paragraphs (1) and (2) of subsection (b), this section su20 persedes section 2511(2)(d) of title 18 and any provision 

21 of Federal or State law insofar as such section or provision 

22 relates to the recording of an in-person or a telephonic 

23 interaction described in subsection (b)(1). 

24 ‘‘(i) DISCIPLINARY ACTION.—An employee who vio25 lates this section shall be subject to appropriate discipliVerDate Mar 15 2010 02:18 Jul 30, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1377.IS S1377

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1 nary action in accordance with otherwise applicable provi2 sions of law.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for part 

4 III of title 5, United States Code, is amended by inserting 

5 after the item relating to chapter 79 the following: 

‘‘79A. Services to Members of the Public ................................................. 7921’’. 

Æ 


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