Criminal History Access Act of 2026
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Would authorize state peace officer standards and training agencies — the bodies that certify, license, and set conduct standards for law enforcement officers — to access FBI criminal history records, a type of access currently unavailable to them.
The change would give these oversight agencies a direct line to federal criminal records, supporting their ability to screen and discipline officers across state lines.
What this bill would do
What it would do
The bill would amend 28 U.S.C. § 534 to add "peace officer standards and training agencies" to the list of entities authorized to receive criminal history record information maintained by the FBI. These agencies — the state-level bodies that certify, license, and set ethical and conduct standards for law enforcement officers — would gain the ability to access federal criminal records for their official oversight functions.
The bill would also add statutory definitions of "peace officer standards and training agency" (a state agency with authority to set hiring, training, ethical conduct, and retention standards through certification or licensing) and "State" (covering all 50 states, D.C., Puerto Rico, and U.S. territories). It would direct the Attorney General to update the relevant federal regulations within 180 days of enactment to carry out these changes.
Key provisions
- 1Would add peace officer standards and training agencies to the list of entities authorized to receive FBI criminal history record information for official use.
- 2Would define 'peace officer standards and training agency' as a state body with statutory authority to set standards for hiring, training, ethical conduct, and retention of law enforcement officers.
- 3Would define 'State' to include all 50 states, D.C., Puerto Rico, and U.S. territories for purposes of the statute.
- 4Would require the Attorney General to amend 28 C.F.R. Part 20 within 180 days of enactment to carry out the Act.
Who would be affected
State peace officer standards and training agencies in all 50 states, the District of Columbia, Puerto Rico, and U.S. territories — the bodies responsible for certifying and licensing law enforcement officers. The FBI, which maintains the criminal history records, and the Department of Justice, which would need to update regulations, are also directly affected.
Why it matters
Without access to FBI criminal history records, state law enforcement oversight agencies can face gaps when vetting officers seeking certification — including those moving between states. If enacted, these agencies would be able to check federal criminal records as part of hiring, retention, and disciplinary decisions, potentially strengthening accountability for officers with disqualifying histories.
What would change
Changes to existing law
Amends 28 U.S.C. § 534 (Sec. 2(a))
Adds peace officer standards and training agencies to authorized recipients of FBI criminal history records, and adds statutory definitions of that term and of 'State'.
Agencies directed to act
Effective dates
- Attorney General must amend 28 C.F.R. Part 20 to implement the Act
How implementation would work
The bill is largely self-executing on its statutory side — once enacted, peace officer standards and training agencies would be listed among authorized recipients of FBI criminal history data under 28 U.S.C. § 534. The one explicit implementation step is a directive to the Attorney General to amend the relevant section of the Code of Federal Regulations (28 C.F.R. Part 20, which governs criminal justice information systems) within 180 days of enactment to reflect the new authorized users and definitions.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Official CRS summary
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This bill authorizes a new type of entity—peace officer standards and training agencies—to access criminal history record information maintained by the Federal Bureau of Investigation. The term peace officer standards and training agency means an agency of a state, the District of Columbia, or a U.S. territory that is authorized to set standards for the hiring, training, ethical conduct, and retention of its law enforcement officers through certification, licensing, or other similar qualification processes.
Legislative subjects
Criminal justice information and records; Law; Law enforcement officers; Licensing and registrations
Committee report
H. Rept. 119-636