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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1377 Introduced in Senate (IS)]

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.

    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 `telephonic' means by telephone or other 
        similar electronic device; and
            ``(2) the term `State' means each of the several States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
    ``(b) Recording of Enforcement Actions.--
            ``(1) Recording by individuals.--Any employee of an 
        executive agency who is conducting an in-person or a telephonic 
        interview, audit, investigation, inspection, or other official 
        in-person or telephonic interaction with an 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, such individual or a business owned or 
        operated by such individual, shall allow such individual to 
        make an audio recording of such in-person or telephonic 
        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 an in-person or a 
        telephonic interaction described in paragraph (1) may record 
        that interaction if such employee--
                    ``(A) informs the individual of such recording 
                prior to or at the initiation of the in-person or 
                telephonic interaction; and
                    ``(B) upon request of the individual, provides the 
                individual with a transcript or copy of such recording, 
                but only if the individual provides reimbursement for 
                the cost of the transcription and reproduction of such 
                transcript or copy.
    ``(c) Explanations of Rights.--
            ``(1) In general.--Any employee of an executive agency 
        shall, before or at an initial in-person or telephonic 
        interview, audit, investigation, inspection, or other official 
        in-person or telephonic interaction, described in subsection 
        (b)(1), 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 interaction 
        described in subsection (b)(1), 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 such subsection of an in-
person or a telephonic 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 such individual; and
                    ``(B) to receive a transcript or copy of an audio 
                recording under subsection (b)(2) as if the person were 
                such 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 pursuant to subsection (b)(1) or 
provided to an individual pursuant to subsection (b)(2)(B) shall be the 
property of such 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 in-person 
        or telephonic interaction--
                    ``(A) that is likely to include the discussion of 
                classified material;
                    ``(B) that is likely to include the discussion of 
                information that, if released publicly, would endanger 
                public safety; or
                    ``(C) that, if released, would endanger an ongoing 
                criminal investigation if such investigation is being 
                conducted by a Federal law enforcement officer (as 
                defined by section 2 of the Law Enforcement 
                Congressional Badge of Bravery Act of 2008 (42 U.S.C. 
                15231 note)) who is employed by a Federal law 
                enforcement agency.
            ``(2) Determination by employees.--An employee of an 
        executive agency who makes a determination that an exception 
        created by paragraph (1) applies to an in-person or a 
        telephonic interaction or to a series of such interactions 
        shall provide written notification of such determination to any 
        person who would otherwise be permitted to make an audio 
        recording of the interaction 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 in-person or a 
telephonic interaction described in subsection (b)(1).
    ``(i) Disciplinary Action.--An employee 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''.
                                 <all>
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