HR 2879 RFS 
Merit Systems Protection Board upon its request and to 
the employee affected upon the employee’s request. 
‘‘(g) A removal under this section does not affect the 
right of the employee affected to seek or accept employ-
ment with any other department or agency of the United 
States if that employee is declared eligible for such em-
ployment by the Director of the Office of Personnel Man-
agement. 
‘‘(h) The authority of the head of the agency under 
this section may not be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 75 of title 5, United States 
Code, is amended by adding after the item relating to sec-
tion 7543 the following: 
‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE 
EMPLOYEES 
‘‘7551. Definitions. 
‘‘7552. Actions covered. 
‘‘7553. Cause and procedure. 
‘‘SUBCHAPTER VII—REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES 
‘‘7561. Definition. 
‘‘7562. Removal of Senior Executive Service employees.’’. 
SEC. 203. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM-
PLOYEES. 
Section 7543 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘misappro-
priation of funds,’’ after ‘‘malfeasance,’’; and 
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(2) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) at least 30 days’ advance written notice, 
stating specific reasons for the proposed action, un-
less— 
‘‘(A) there is reasonable cause to believe 
that the employee has committed a crime for 
which a sentence of imprisonment can be im-
posed; or 
‘‘(B) the agency determines, as prescribed 
in regulation by the Office of Personnel Man-
agement, that the employee’s conduct with re-
spect to which an action covered by this sub-
chapter is proposed is flagrant and that such 
employee intentionally engaged in such con-
duct;’’. 
SEC. 204. MISAPPROPRIATION OF FUNDS AMENDMENTS. 
(a) REINSTATEMENT IN THE SENIOR EXECUTIVE 
SERVICE.—Section 3593 of title 5, United States Code, 
is amended— 
(1) in subsection (a)(2), by inserting ‘‘mis-
appropriation of funds,’’ after ‘‘malfeasance,’’; and 
(2) in subsection (b), by striking ‘‘or malfea-
sance’’ and inserting ‘‘malfeasance, or misappropria-
tion of funds’’. 
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(b) PLACEMENT IN OTHER PERSONNEL SYSTEMS.— 
Section 3594(a) of title 5, United States Code, is amended 
by striking ‘‘or malfeasance’’ and inserting ‘‘malfeasance, 
or misappropriation of funds’’. 
TITLE III—CITIZEN 
EMPOWERMENT 
SEC. 301. 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. Procedure for in-person and telephonic interactions conducted by Execu-
tive Branch employees. 
‘‘§ 7921. Procedure for in-person and telephonic inter-
actions conducted by Executive Branch 
employees 
‘‘(a) PURPOSE.—The purpose of this section is to en-
sure that individuals have the right to record in-person 
and telephonic interactions with Executive agency employ-
ees and to ensure that individuals who are the target of 
enforcement actions conducted by Executive agency em-
ployees 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 
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‘‘(2) the term ‘employee’ means an employee of 
an Executive agency. 
‘‘(c) CONSENT
OF EXECUTIVE AGENCY EMPLOY-
EES.—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 EMPLOY-
EES ENGAGED IN CERTAIN ACTIONS.—A notice of an in-
dividual’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 indi-
vidual. 
‘‘(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 indi-
vidual. 
‘‘(f) NO CAUSE OF ACTION.—This section does not 
create any express or implied private right of action. 
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‘‘(g) DISCIPLINARY ACTION.—An employee who vio-
lates this section shall be subject to appropriate discipli-
nary action in accordance with otherwise applicable provi-
sions 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 sec-
tion, 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 section, 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’’. 
Passed the House of Representatives August 1, 
2013. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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