IB 

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] 


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•HR 2711 RH

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. 


emcdonald on DSK67QTVN1PROD with BILLS
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•HR 2711 RH

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’’. 

6 SEC. 2. AMENDMENTS. 

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

8 Code, is amended by inserting after chapter 79, the fol9 lowing: 

10 ‘‘CHAPTER 79A—SERVICES TO MEMBERS 

11 OF THE PUBLIC 

‘‘Sec. 

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

12 ‘‘§ 7921. Procedure for in-person and telephonic inter13 actions conducted by Executive Branch 

14 employees 

15 ‘‘(a) PURPOSE.—The purpose of this section is to en16 sure that individuals have the right to record in-person and 

17 telephonic interactions with Executive agency employees 

18 and to ensure that individuals who are the target of enforce19 ment actions conducted by Executive agency employees are 

20 notified of such right. 

21 ‘‘(b) DEFINITIONS.—For purposes of this section— 

22 ‘‘(1) the term ‘telephonic’ means by telephone or 

23 other similar electronic device; and 


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•HR 2711 RH

1 ‘‘(2) the term ‘employee’ means an employee of 

2 an Executive agency. 

3 ‘‘(c) CONSENT OF EXECUTIVE AGENCY EMPLOYEES.— 

4 Participation by an employee, acting in an official capac5 ity, in an in-person or telephonic interaction shall con6 stitute consent by the employee to a recording of that inter7 action by any participant in the interaction. 

8 ‘‘(d) NOTICE OF RIGHTS WHEN FEDERAL EMPLOYEES

9 ENGAGED IN CERTAIN ACTIONS.—A notice of an individ10 ual’s right to record conversations with employees shall be 

11 included in any written material provided by an Executive 

12 agency to the individual concerning an audit, investigation, 

13 inspection, or enforcement action that could result in the 

14 imposition of a fine, forfeiture of property, civil monetary 

15 penalty, or criminal penalty against, or the collection of 

16 an unpaid tax, fine, or penalty from, such individual or 

17 a business owned or operated by such individual. 

18 ‘‘(e) OFFICIAL REPRESENTATIVE.—Any person who is 

19 permitted to represent before an Executive agency an indi20 vidual under this section shall receive the same notice as 

21 required under subsection (d) with respect to such indi22 vidual. 

23 ‘‘(f) NO CAUSE OF ACTION.—This section does not cre24 ate any express or implied private right of action. 


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•HR 2711 RH

1 ‘‘(g) DISCIPLINARY ACTION.—An employee who vio2 lates this section shall be subject to appropriate disciplinary 

3 action in accordance with otherwise applicable provisions 

4 of law. 

5 ‘‘(h) PUBLIC INFORMATION CONCERNING RIGHT TO

6 RECORD.— 

7 ‘‘(1) POSTING ON AGENCY WEB SITES.—Within 

8 180 days after the date of the enactment of this Act, 

9 each Executive agency shall post prominently on its 

10 Web site information explaining the right of individ11 uals to record interactions with employees. 

12 ‘‘(2) OMB GUIDANCE.—Within 90 days after the 

13 date of the enactment of this Act, the Office of Man14 agement and Budget shall issue guidance to Executive 

15 agencies concerning implementation of paragraph 

16 (1).’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for part III 

18 of title 5, United States Code, is amended by inserting after 

19 the item relating to chapter 79 the following: 

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


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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 

ployees with individuals, and for other purposes. telephonic interactions by Executive branch emcertain procedures for conducting in-person or 

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 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


emcdonald on DSK67QTVN1PROD with BILLS