5 versions

CosmeticWhat changed in ENROLLED BILLcompared with REFERRED IN SENATE (May 13, 2026)

Technical corrections only. The diff between v4 and v5 reflects the bill's progression from being referred in the Senate to an enrolled bill, updating legislative status information and formatting. No substantive policy changes were made to the text of the Act itself.

H.R. 8352119th CongressIntroduced Apr 16, 2026

Criminal History Access Act of 2026

Passed SenateLawMajor

View bill text

Sponsor: Rep. Schmidt, Derek [R-KS-2]
Committees: Judiciary Committee (primary)
Last action: Oct 14, 2026

This analysis was written for v4 (REFERRED IN SENATE, May 13, 2026). ENROLLED BILL changed too little to need its own, so it reuses that one rather than a rewrite. The differences between the two are summarized above. View v4

Bottom line

This bill expands access to federal criminal history records for state agencies responsible for certifying and overseeing law enforcement officers, aiming to enhance vetting and accountability.

What it actually does

This bill authorizes state-level Peace Officer Standards and Training (POST) agencies to access federal criminal history records from the Federal Bureau of Investigation (FBI). It amends existing federal law (28 U.S.C. 534) to explicitly include these agencies among those authorized to exchange such information for official use, and mandates the Attorney General to update relevant regulations within 180 days to implement these changes. The bill also broadly defines 'State' to include U.S. territories.

Proponents argue

Proponents argue this bill enhances public safety and accountability by giving POST agencies critical information to vet, certify, and monitor law enforcement officers, preventing individuals with problematic criminal histories from serving or continuing to serve. It ensures a more thorough background check process for those entrusted with significant public authority, thereby increasing public trust in law enforcement.

Opponents contend

Opponents might raise concerns about potential privacy infringements by expanding access to criminal history records, even to other government agencies. They might also argue about the potential for misuse of such sensitive data or the need for robust safeguards to prevent unauthorized access, data breaches, or discriminatory application of the information by state agencies.

The bill is very short and can be read quickly, allowing ample time for detailed consideration of its implications.

Section 2(a)(1)

Expanding FBI Criminal History Record Access to State POST Agencies

prominently featuredstraightforward

This provision amends federal law (28 U.S.C. 534(a)(4)) to explicitly allow the Federal Bureau of Investigation (FBI) to share criminal history records and information with state Peace Officer Standards and Training (POST) agencies. This means that state bodies responsible for the certification and oversight of law enforcement officers will now have direct access to federal criminal records for their official use, enabling more comprehensive background checks.

GroupImpactMechanismScale

GroupState Peace Officer Standards and Training (POST) agenciesImpactIncreased access to critical information for vetting and oversightMechanismDirect statutory authorization for FBI data exchangeScaleAll states, the District of Columbia, and U.S. territories

GroupLaw enforcement officer applicants and current officersImpactSubject to more comprehensive background checks and ongoing vettingMechanismPOST agencies using federal criminal history data for certification decisionsScaleAll individuals seeking or holding law enforcement certification

GroupThe publicImpactEnhanced public safety and trust in law enforcementMechanismBetter vetting of officers leading to more qualified and ethical personnelScaleNational

Supporters argue

Supporters argue this access is crucial for POST agencies to effectively perform their duties of ensuring that only qualified and ethical individuals serve as law enforcement officers. It closes a potential information gap, allowing for more thorough background checks and ongoing oversight, thereby enhancing public safety and accountability.

Critics contend

Critics might express concerns that expanding access to sensitive criminal history data, even to other government agencies, could increase the risk of data breaches or misuse. They may also argue for stricter controls on how this data is used and stored by state agencies to protect individual privacy.

Tradeoffs

The provision balances the need for comprehensive vetting of law enforcement officers to ensure public safety against potential privacy concerns related to expanded access to sensitive personal data.

Section 2(a)(2)

Defining Key Terms for Criminal History Access

mentioned in summarystraightforward

This section adds new definitions to federal law (28 U.S.C. 534(e)). It defines a 'peace officer standards and training agency' as a state agency with legal authority to set standards for hiring, training, ethical conduct, and retention of law enforcement officers through certification or licensing. It also broadly defines 'State' to include all U.S. states, the District of Columbia, and various U.S. territories, ensuring wide applicability of the Act.

Section 2(b)

Attorney General Regulatory Mandate

mentioned in summarystraightforward

This provision requires the Attorney General to amend part 20 of title 28, Code of Federal Regulations, within 180 days of the Act's enactment. These amendments are necessary to implement the new provisions of the Act, specifically regarding the exchange of criminal history records with POST agencies, establishing the procedural framework for data access.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

CosmeticWhat changed in ENROLLED BILLcompared with REFERRED IN SENATE (May 13, 2026)

H.R. 8352119th CongressIntroduced Apr 16, 2026

Criminal History Access Act of 2026

Passed SenateLawMajor

View bill text

Sponsor: Rep. Schmidt, Derek [R-KS-2]
Committees: Judiciary Committee (primary)
Last action: Oct 14, 2026

Bottom line

This bill expands access to federal criminal history records for state agencies responsible for certifying and overseeing law enforcement officers, aiming to enhance vetting and accountability.

What it actually does

Proponents argue

Opponents contend

The bill is very short and can be read quickly, allowing ample time for detailed consideration of its implications.

Section 2(a)(1)

Expanding FBI Criminal History Record Access to State POST Agencies

prominently featuredstraightforward

GroupImpactMechanismScale

GroupThe publicImpactEnhanced public safety and trust in law enforcementMechanismBetter vetting of officers leading to more qualified and ethical personnelScaleNational

Supporters argue

Critics contend

Tradeoffs

The provision balances the need for comprehensive vetting of law enforcement officers to ensure public safety against potential privacy concerns related to expanded access to sensitive personal data.

Section 2(a)(2)

Defining Key Terms for Criminal History Access

mentioned in summarystraightforward

Section 2(b)

Attorney General Regulatory Mandate

mentioned in summarystraightforward