HR-5211-119
Referred to the House Committee on the Judiciary.
Sponsored by Derek Schmidt (R-KS)
What it does
This bill would amend federal law (28 U.S.C. § 534) to explicitly authorize the FBI to share criminal history records with state Peace Officer Standards and Training (POST) agencies — the bodies that certify, license, and set conduct standards for law enforcement officers. It would also define "peace officer standards and training agency" in federal statute for the first time, and direct the Attorney General to update federal regulations within 180 days to implement the change.
Who benefits
State POST agencies that currently lack clear federal authorization to access FBI criminal history databases. Law enforcement agencies that hire officers, who would benefit from more thorough background screening of candidates. Communities policed by officers whose backgrounds can be more fully vetted. Victims of officer misconduct, who may benefit if officers with disqualifying criminal histories are screened out before or after certification. Taxpayers who fund law enforcement, if better screening reduces misconduct-related liability costs.
Who is hurt
Law enforcement officer applicants and current officers whose criminal history records would be accessible to a broader set of state agencies, potentially affecting their certification or employment. Officers in states with aggressive decertification programs may face heightened scrutiny. Privacy advocates concerned about expanding access to sensitive federal criminal databases. States that prefer to manage their own officer standards without federal database integration may face indirect pressure to align with federal access frameworks.
Supporters argue
Supporters argue that POST agencies are the primary gatekeepers for law enforcement officer certification, yet many currently lack clear legal authority to access FBI criminal history records — creating a gap that allows officers with disqualifying records to move between states and obtain new certifications. They contend that the Law Enforcement Officer Safety Act and the National Decertification Index have highlighted this problem, and that explicitly authorizing POST access closes a concrete loophole in officer accountability with no new federal mandates on states.
Opponents argue
Opponents argue that expanding access to sensitive FBI criminal history databases raises privacy concerns for officers and applicants, and that the bill's broad definition of "peace officer standards and training agency" could allow records access by state bodies with varying levels of data security and oversight. They contend that without explicit data-use restrictions or audit requirements in the bill's text, there is a risk of records being accessed beyond their intended purpose, and that existing state-level background check systems may already address this need without requiring federal database integration.