Citizen Empowerment Act

Bill: 113-hr-2711
Sponsor: full_name: Rep. Jenkins, Lynn [R-KS-2]
Introduced: 2013-07-17
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Criminal investigation, prosecution, interrogation

Evidence and witnesses

Government ethics and transparency, public corruption

Government information and archives

Government studies and investigations

Tax administration and collection, taxpayers

Telephone and wireless communication
Latest action: action_date: 2013-08-01
text: Pursuant to the provisions of H. Res. 322, H.R. 2711 is laid on the table.

Summaries:
action_date: 2013-07-17
action_desc: Introduced in House
text: <p>Citizen Empowerment Act - Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction.</p> <p>Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. </p> <p>Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights.</p> <p>Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly; or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer. </p>

action_date: 2013-07-30
action_desc: Reported to House amended, Part I
text: <p>Citizen Empowerment Act - States that the purpose of this Act is to ensure that individuals have the right to record in-person and telephonic interactions with executive agency employees and that they are notified of such right when they are the target of an enforcement action (e.g., audit, investigation, inspection, or action that could result in criminal or civil fines or the collection of unpaid tax). </p> <p>Provides that participation by an employee, acting in an official capacity, in an in-person or telephonic interaction shall constitute consent by such employee to a recording of that interaction by any participant in the interaction.</p> <p>Requires written notice to an individual or a representative of the right to record conversations involving an enforcement action. </p> <p>Makes any employee who violates the requirements of this Act subject to disciplinary action.</p> <p>Requires: (1) each executive agency to post on its website information explaining the right of individuals to record interactions with employees, and (2) the Office of Management and Budget (OMB) to issue guidance to executive agencies on implementation of the requirement to provide such information. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2711 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 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. Short title This Act may be cited as the Citizen Empowerment Act . 2. Amendments (a) In general Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: 79A Services to Members of the Public Sec. 7921. Procedures for in-person and telephonic interactions conducted by executive 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 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) 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 .

tv_txt: IB Union Calendar No. 132 113th CONGRESS 1st Session H. R. 2711 [Report No. 113–184, Part I] 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 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. Short title This Act may be cited as the Citizen Empowerment Act . 2. Amendments (a) In general Part III of title 5, United States Code, is amended by inserting after chapter 79, the following: 79A Services to members of the public Sec. 7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees. 7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees (a) Purpose The purpose of this section is to ensure that individuals have the right to record in-person and telephonic interactions with Executive agency employees and to ensure that individuals who are the target of enforcement actions conducted by Executive agency employees 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 (2) the term employee means an employee of an Executive agency. (c) Consent of Executive agency employees 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 employees engaged in certain actions A notice of an individual’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 individual. (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 individual. (f) No cause of action This section does not create any express or implied private right of action. (g) Disciplinary action An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions 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 Act, 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 Act, 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 .

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