H.R. 2711 — what changed

changed “79A Services to Members members of the Publicpublic

changed “7921. Procedures Procedure for in-person and telephonic interactions conducted by executive branch Executive Branch employees

changed “(a) Definitions—For purposes Purpose—The purpose of this section—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.

changed “(1) the term telephonic means by telephone or other similar electronic device; and“(b) Definitions—For purposes of this section—

changed “(2) “(1) the term State “telephonic” means each of the several States, the District of Columbia, and any commonwealth, territory, by telephone or possession of the United States.other similar electronic device; and

changed “(b) Recording “(2) the term “employee” means an employee of enforcement actionsan Executive agency.

changed “(1) Recording by individuals—Any employee “(c) Consent of an Executive agency who is conducting employees—Participation by an in-person or a telephonic interview, audit, investigation, inspection, or other employee, acting in an official capacity, in an 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 constitute consent by the employee to make an audio a recording of such in-person or telephonic that interaction at the individual’s own expense and with by any participant in the individual’s own equipment.interaction.

changed “(2) Recording by “(d) Notice of rights when Federal employees—Any employee 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 is conducting could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an in-person unpaid tax, fine, or penalty from, such individual or a telephonic interaction described in paragraph (1) may record that interaction if business owned or operated by such employee—individual.

changed “(A) informs the individual of such recording prior “(e) Official representative—Any person who is permitted to or at the initiation of represent before an Executive agency an individual under this section shall receive the in-person or telephonic interaction; andsame notice as required under subsection (d) with respect to such individual.

removed “(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.

removed “(c) Explanations of rights

removed “(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.

removed “(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.

removed “(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—

removed “(1) shall be permitted—

removed “(A) to make an audio recording under subsection (b)(1) as if the person were such individual; and

removed “(B) to receive a transcript or copy of an audio recording under subsection (b)(2) as if the person were such individual;

removed “(2) shall receive the same notice as that which is required to be provided to the individual under subsection (c); and

removed “(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).

removed “(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.

added “(g) Disciplinary action—An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law.

added “(h) Public information concerning right to record

added “(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.

added “(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).”

removed “(g) Exceptions

removed “(1) Classified information, public safety, criminal investigation—This section shall not apply to any in-person or telephonic interaction—

removed “(A) that is likely to include the discussion of classified material;

removed “(B) that is likely to include the discussion of information that, if released publicly, would endanger public safety; or

removed “(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.

removed “(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).

removed “(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).

removed “(i) Disciplinary action—An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law.”