I 
114TH CONGRESS 
1ST SESSION H. R. 2856 
To amend title 5, United States Code, to establish certain procedures for 
conducting in-person or telephonic interactions by Executive branch em-
ployees with individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2015 
Ms. JENKINS of Kansas 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 5, United States Code, to establish certain 
procedures for conducting in-person or telephonic inter-
actions by Executive branch employees with individuals, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Citizen Empowerment 
Act of 2015’’. 
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SEC. 2. AMENDMENTS. 
(a) IN GENERAL.—Part III of title 5, United States 
Code, is amended by inserting after chapter 79 the fol-
lowing: 
‘‘CHAPTER 79A—SERVICES TO MEMBERS 
OF THE PUBLIC 
‘‘Sec. 
‘‘7921. Procedures for in-person and telephonic interactions conducted by execu-
tive branch employees. 
‘‘§ 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 common-
wealth, territory, or possession of the United States. 
‘‘(b) RECORDING OF ENFORCEMENT ACTIONS.— 
‘‘(1) RECORDING
BY
INDIVIDUALS.—Any em-
ployee of an Executive agency who is conducting an 
in-person or a telephonic interview, audit, investiga-
tion, inspection, or other official in-person or tele-
phonic 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, 
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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 record-
ing 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 con-
ducting an in-person or a telephonic interaction de-
scribed in paragraph (1) may record that interaction 
if such employee— 
‘‘(A) informs the individual of such record-
ing prior to or at the initiation of the in-person 
or telephonic interaction; and 
‘‘(B) upon request of the individual, pro-
vides the individual with a transcript or copy of 
such recording, but only if the individual pro-
vides reimbursement for the cost of the tran-
scription and reproduction of such transcript or 
copy. 
‘‘(c) EXPLANATIONS OF RIGHTS.— 
‘‘(1) IN GENERAL.—Any employee of an Execu-
tive agency shall, before or at an initial in-person or 
telephonic interview, audit, investigation, inspection, 
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or other official in-person or telephonic interaction, 
described in subsection (b)(1), provide to the indi-
vidual 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 pre-
viously 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 em-
ployee of that Executive agency— 
‘‘(1) shall be permitted— 
‘‘(A) to make an audio recording under 
subsection (b)(1) as if the person were such in-
dividual; and 
‘‘(B) to receive a transcript or copy of an 
audio recording under subsection (b)(2) as if 
the person were such individual; 
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‘‘(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 re-
ferred 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 pursu-
ant to subsection (b)(1) or provided to an individual pur-
suant 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 SAFE-
TY, CRIMINAL
INVESTIGATION.—This section shall 
not apply to any in-person or telephonic inter-
action— 
‘‘(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 
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‘‘(C) that, if released, would endanger an 
ongoing criminal investigation if such investiga-
tion is being conducted by a Federal law en-
forcement officer (as defined by section 2 of the 
Law Enforcement Congressional Badge of 
Bravery Act of 2008) who is employed by a 
Federal law enforcement agency. 
‘‘(2) DETERMINATION
BY
EMPLOYEES.—An 
employee of an Executive agency who makes a deter-
mination 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 re-
cording 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 su-
persedes 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 vio-
lates this section shall be subject to appropriate discipli-
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nary action in accordance with otherwise applicable provi-
sions 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’’. 
Æ 
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