118 HR 5736 IH: FAIR Act U.S. House of Representatives 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5736IN THE HOUSE OF REPRESENTATIVESSeptember 26, 2023Mr. Tiffany introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require interviews conducted by officers and employees of Federal law enforcement agencies to be recorded.

1.

Short title

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

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.