```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5736 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Accountability in Interviews 
Reform Act'' or as the ``FAIR Act''.

SEC. 2. AUDIO RECORDING OF INTERVIEWS CONDUCTED BY CERTAIN FEDERAL LAW 
              ENFORCEMENT OFFICERS.

    (a) In General.--The Attorney General shall require the recording, 
using an electronic audio recording technology, of each interview of a 
United States citizen who is suspected of having committed a criminal 
offense conducted by an officer or employee of the Department of 
Justice in connection with an investigation of a Federal offense or an 
investigation with respect to which the Department is assisting a 
State, local, or tribal law enforcement agency.
    (b) Application.--
            (1) Custodial and non-custodial interviews.--The 
        requirements under this section apply with respect to any 
        custodial and non-custodial interview, but do not apply with 
        respect to communication with a confidential informant.
            (2) Extraterritorial application.--The requirements under 
        this section apply with respect to any interview of a United 
        States citizen outside of the United States conducted by an 
        officer or employee of the Department of Justice.
    (c) Notification, Consent Not Required.--An officer or employee of 
the Department of Justice may record an interview described in this 
section without providing notice to or obtaining consent from the 
interviewee.
    (d) Inadmissibility.--A statement or information obtained during an 
interview that is not recorded in accordance with this section may not 
be offered as evidence by the Government in Federal court.
    (e) Retention.--
            (1) In general.--Except as provided in paragraph (2), a 
        recording of an interview described in this section shall be 
        retained for a period of 10 years beginning on the date on 
        which the applicable investigation or any related judicial 
        procedures is finally concluded, whichever is later.
            (2) Exception.--A recording of an interview described in 
        this section shall be retained indefinitely if the content of 
        the recording is related to a judicial proceeding that involves 
        a Federal capital offense or a State capital offense with 
        respect to which the Federal law enforcement officer was 
        assisting the law enforcement agency of the jurisdiction in 
        which the offense occurred.
    (f) Rules.--The Attorney General shall finalize rules to carry out 
this section not later than 180 days after the date of enactment of 
this Act.
                                 <all>
```