I 

118TH CONGRESS 

1ST SESSION H. R. 5736 

To require interviews conducted by officers and employees of Federal law 

enforcement agencies to be recorded. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mr. TIFFANY introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To require interviews conducted by officers and employees 

of Federal law enforcement agencies to be recorded. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Accountability 

5 in Interviews Reform Act’’ or as the ‘‘FAIR Act’’. 

6 SEC. 2. AUDIO RECORDING OF INTERVIEWS CONDUCTED 

7 BY CERTAIN FEDERAL LAW ENFORCEMENT 

8 OFFICERS. 

9 (a) IN GENERAL.—The Attorney General shall re10 quire the recording, using an electronic audio recording 


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1 technology, of each interview of a United States citizen 

2 who is suspected of having committed a criminal offense 

3 conducted by an officer or employee of the Department 

4 of Justice in connection with an investigation of a Federal 

5 offense or an investigation with respect to which the De6 partment is assisting a State, local, or tribal law enforce7 ment agency. 

8 (b) APPLICATION.— 

9 (1) CUSTODIAL AND NON-CUSTODIAL INTER10 VIEWS.—The requirements under this section apply 

11 with respect to any custodial and non-custodial 

12 interview, but do not apply with respect to commu13 nication with a confidential informant. 

14 (2) EXTRATERRITORIAL APPLICATION.—The re15 quirements under this section apply with respect to 

16 any interview of a United States citizen outside of 

17 the United States conducted by an officer or em18 ployee of the Department of Justice. 

19 (c) NOTIFICATION, CONSENT NOT REQUIRED.—An 

20 officer or employee of the Department of Justice may 

21 record an interview described in this section without pro22 viding notice to or obtaining consent from the interviewee. 

23 (d) INADMISSIBILITY.—A statement or information 

24 obtained during an interview that is not recorded in acVerDate Sep 11 2014 02:03 Sep 29, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.IH H5736

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1 cordance with this section may not be offered as evidence 

2 by the Government in Federal court. 

3 (e) RETENTION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a recording of an interview described in 

6 this section shall be retained for a period of 10 years 

7 beginning on the date on which the applicable inves8 tigation or any related judicial procedures is finally 

9 concluded, whichever is later. 

10 (2) EXCEPTION.—A recording of an interview 

11 described in this section shall be retained indefinitely 

12 if the content of the recording is related to a judicial 

13 proceeding that involves a Federal capital offense or 

14 a State capital offense with respect to which the 

15 Federal law enforcement officer was assisting the 

16 law enforcement agency of the jurisdiction in which 

17 the offense occurred. 

18 (f) RULES.—The Attorney General shall finalize rules 

19 to carry out this section not later than 180 days after the 

20 date of enactment of this Act. 

Æ 


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