HR 8352: Criminal History Access Act of 2026

HR 8352 in plain English: This bill creates a new category of entity—peace officer standards and training (POST) agencies—that would be allowed to access FBI criminal history records. These agencies, which exist at the state, D.C., or U.S. territory level, set hiring, training, and conduct standards for law enforcement officers.

Stated purpose

This bill allows state and territorial agencies that set standards for law enforcement officers—known as peace officer standards and training agencies—to access FBI criminal history records. The goal is to give these agencies the information they need to carry out their official duties of certifying, licensing, and overseeing law enforcement officers.

Key points

• Grants POST agencies access to FBI criminal history record information
• Defines POST agencies as state or territorial bodies that certify or license law enforcement officers
• Covers standards for hiring, training, ethical conduct, and retention of officers

Arguments supporters make

• POST agencies are responsible for deciding who can serve as a law enforcement officer, so giving them access to FBI criminal records helps them make better-informed decisions about hiring, discipline, and decertification.
• Without access to federal criminal history data, a POST agency might miss serious offenses in an officer's background that are recorded at the federal level, creating gaps in public safety oversight.
• Expanding this access brings POST agencies in line with other authorized entities that already use FBI records for official purposes, closing an inconsistency in current law.

Arguments opponents make

• Broadening access to sensitive FBI criminal history records increases the number of agencies that can view that data, raising concerns about privacy and the potential for misuse or unauthorized disclosure.
• Critics may argue that state POST agencies vary widely in their resources, oversight, and data-security practices, meaning expanded access could be handled inconsistently or less securely across different jurisdictions.
• Some may contend that existing background check systems are already sufficient for POST agencies and that this change adds bureaucratic complexity without a demonstrated gap in officer accountability.

Tradeoffs

Giving POST agencies access to FBI criminal records could strengthen law enforcement accountability and oversight, but it also means more entities handling sensitive personal data, creating a tension between thorough vetting of officers and the privacy risks that come with wider access to federal criminal records.

Current status in Congress: Passed House.

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