Citizen Empowerment Act

“79A Services to members of the public

“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).”