Criminal History Access Act of 2026

Criminal History Access Act of 2026 (H.R. 8352, 119th Congress)

Overview
- Purpose: To authorize peace officer standards and training (POST) agencies to access and use criminal history records, expanding the range of official entities with authorized access to such records for official purposes, including for the oversight and credentialing of law enforcement personnel.
- Short title: Criminal History Access Act of 2026.

Key Provisions and Provisions Details
1. Expanded access to criminal history records (Federal Bureau of Investigation)
- The bill amends Section 534 of Title 28, United States Code, to broaden the scope of entities that may obtain and exchange FBI criminal history background information.
- Authorized recipients include:
- The Federal Government (official use)
- United States Sentencing Commission
- States (including state sentencing commissions)
- Peace officer standards and training agencies
- Indian tribes
- Localities (cities) and penal or other institutions
- This expands beyond current statutory use to explicitly include POST agencies as eligible recipients and add a broader range of state and local actors.

1. Definitions added or clarified

   • Peace officer standards and training agency: An agency of a State with statutory authority to set standards for hiring, training, ethical conduct, and retention of law enforcement officers through certification, licensing, or similar processes.
   • State: Clarified to include each of the 50 states, District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Northern Mariana Islands, and any other U.S. territory or possession.

2. Regulatory implementation

   • The Attorney General must amend Part 20 of Title 28, Code of Federal Regulations as necessary to implement the Act.
   • Timeline: Amendments to the CFR must be completed no later than 180 days after enactment.

3. Administrative scope and use

   • The bill specifies that the shared records are for official use by the listed entities, reinforcing the governance around who may access and how the information may be used in the context of criminal history checks and related oversight or credentialing processes.

Who is Affected
- Primary beneficiaries and/or users:
- Peace officer standards and training agencies at the state and local levels
- State and local law enforcement credentialing bodies
- State sentencing commissions and the U.S. Sentencing Commission
- Federal agencies requiring access to criminal history for federal purposes
- Indian tribes and tribal authorities
- Cities, penal institutions, and other relevant institutions
- Individuals subject to background checks and credentialing processes could be affected insofar as their criminal history records may be accessed as part of official enforcement-related credentialing or oversight activities.

Procedural and Timeline Aspects
- Introduction and referral: Introduced April 16, 2026; referred to the House Judiciary Committee.
- Committee action: Reported with amendments by the Committee on the Judiciary (H. Rept. 119-636) on May 4, 2026; considered with amendments previously (April 22, 2026).
- Enactment steps: If passed by both chambers, the Attorney General must issue necessary regulatory amendments to CFR Part 20 within 180 days of enactment to implement the act.

Administrative and Compliance Considerations
- Privacy and data protection: While not explicitly enumerated in the excerpt, the expansion of access to criminal history data typically raises considerations about privacy, data security, retention, and restricted use to official purposes.
- Oversight and accountability: The bill implies enhanced intergovernmental sharing for credentialing and oversight, potentially necessitating interagency data-sharing agreements and governance mechanisms.

Notes
- The text provided is focused on the statutory changes to 28 U.S.C. § 534 and related regulatory amendments; it does not specify additional funding, audit procedures, or detailed privacy safeguards beyond the access framework and the defined stakeholders.