HR8352-119

What This Bill Does

The Criminal History Access Act of 2026 amends 28 U.S.C. 534, the FBI criminal-identification records statute. It updates the FBI's authority to exchange records and information with authorized officials of the federal government, including the United States Sentencing Commission; states, including state sentencing commissions and peace officer standards and training agencies; Indian tribes; cities; and penal and other institutions. It adds definitions for peace officer standards and training agency, meaning a state agency with statutory authority to set standards for hiring, training, ethical conduct, and retention of law enforcement officers through certification, licensing, or similar qualification processes. It also defines state to include the several states, District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and other territories or possessions. The Attorney General must implement the Act within 180 days.

Who Benefits and How

State sentencing commissions benefit from clearer access to FBI criminal-history records for official use. Peace officer standards agencies benefit because criminal-history information can support officer hiring, certification, licensing, discipline, and retention standards. The United States Sentencing Commission benefits from explicit access as an authorized federal official. Tribal justice agencies benefit from inclusion in the record-exchange authority. Penal institutions benefit from continued access for official use. Public-safety oversight bodies benefit if improved record exchange helps identify disqualifying criminal history.

Who Bears the Burden and How

The FBI Criminal Justice Information Services Division must implement expanded exchange authority and access controls. The Attorney General must implement the Act within 180 days. State agencies receiving records must use them only for official purposes and protect criminal-history information. Peace officer standards agencies must integrate records into certification or licensing processes. Tribal and territorial agencies may need agreements, access systems, and safeguards. Individuals with criminal histories may face more scrutiny in sentencing, officer certification, or institutional decisions.

Key Provisions

• Expands FBI criminal-history record exchange to authorized federal officials, states, Indian tribes, cities, and penal institutions.
• Adds the United States Sentencing Commission, state sentencing commissions, and peace officer standards agencies.
• Adds a peace officer standards agency definition tied to officer hiring, training, ethics, certification, licensing, and retention.
• Adds a state definition covering the District of Columbia, Puerto Rico, territories, and possessions.
• Requires Attorney General implementation within 180 days.