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H.R. 2711 (113th): Citizen Empowerment Act

The text of the bill below is as of Jul 30, 2013 (Reported by House Committee).


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

(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