Federal Interviews Reform Act

The Federal Interviews Reform Act would require the Attorney General to mandate audio or video recording of every interview conducted by Department of Justice (DOJ) officers or employees in connection with a federal offense investigation or an investigation where DOJ is assisting a state, local, or tribal agency. The rule would cover both custodial and non-custodial interviews, but would not apply to conversations with confidential informants. The requirement would apply to interviews of U.S. citizens conducted abroad as well. DoJ personnel could record without notifying or obtaining consent from the interviewee. Any statements or information obtained from an interview that is not recorded would be inadmissible in federal court. Recordings would generally be kept for 10 years after the investigation or related judicial proceedings conclude, with an indefinite retention for capital offense cases. The Attorney General would finalize implementing rules within 180 days of enactment.