HR 8352 — Criminal History Access Act of 2026

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TITLE 28, UNITED STATES CODE 

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 PART II--DEPARTMENT OF JUSTICE 

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 CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

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Sec. 534. Acquisition, preservation, and exchange of identification 
 records and information; appointment of officials

 (a) The Attorney General shall--
 (1) acquire, collect, classify, and preserve 
 identification, criminal identification, crime, and 
 other records;
 (2) acquire, collect, classify, and preserve any 
 information which would assist in the identification of 
 any deceased individual who has not been identified 
 after the discovery of such deceased individual;
 (3) acquire, collect, classify, and preserve any 
 information which would assist in the location of any 
 missing person (including an unemancipated person as 
 defined by the laws of the place of residence of such 
 person) and provide confirmation as to any entry for 
 such a person to the parent, legal guardian, or next of 
 kin of that person (and the Attorney General may 
 acquire, collect, classify, and preserve such 
 information from such parent, guardian, or next of 
 kin);
 [(4) exchange such records and information with, and 
 for the official use of, authorized officials of the 
 Federal Government, including the United States 
 Sentencing Commission, the States, including State 
 sentencing commissions, Indian tribes, cities, and 
 penal and other institutions; and]
 (4) exchange such records and information with, and 
 for the official use of, authorized officials of the 
 Federal Government, including the United States 
 Sentencing Commission, the States, including State 
 sentencing commissions and peace officer standards and 
 training agencies, Indian tribes, cities, and penal and 
 other institutions; and
 (5) provide a person licensed as an importer, 
 manufacturer, or dealer of firearms under chapter 44 of 
 title 18 with information necessary to verify whether 
 firearms offered for sale to such licensees have been 
 stolen.
 (b) The exchange of records and information authorized by 
subsection (a)(4) of this section is subject to cancellation if 
dissemination is made outside the receiving departments or 
related agencies, except for dissemination authorized under 
subsection (a)(5) of this section.
 (c) The Attorney General may appoint officials to perform the 
functions authorized by this section.
 (d) Indian Law Enforcement Agencies.--
 (1) In general.--The Attorney General shall permit 
 tribal and Bureau of Indian Affairs law enforcement 
 agencies--
 (A) to access and enter information into 
 Federal criminal information databases; and
 (B) to obtain information from the databases.
 (2) Tribal Access Program.--
 (A) In general.--The Attorney General shall 
 establish a program, to be known as the 
 ``Tribal Access Program'', to enhance the 
 ability of tribal governments and their 
 authorized agencies to access, enter 
 information into, and obtain information from 
 national criminal information databases under 
 this section.
 (B) Authorization of appropriations.--There 
 is authorized to be appropriated to carry out 
 the Tribal Access Program under subparagraph 
 (A) $6,000,000 for each of fiscal years 2023 
 through 2027, to remain available until 
 expended.
 (3) Information sharing.--To the extent otherwise 
 permitted by law, any report issued as a result of the 
 analysis of information entered into national criminal 
 information databases or obtained from Federal criminal 
 databases shall be shared with each Indian tribe of 
 jurisdiction, including Indian tribes located in the 
 State of Maine.
 (e) For purposes of this [section, the term] section--
 (1) the term ``other institutions'' includes--
 [(1) railroad]
 (A) railroad police departments which 
 perform the administration of criminal justice 
 and have arrest powers pursuant to a State 
 statute, which allocate a substantial part of 
 their annual budget to the administration of 
 criminal justice, and which meet training 
 requirements established by law or ordinance 
 for law enforcement officers; and
 [(2) police]
 (B) police departments of private colleges 
 or universities which perform the 
 administration of criminal justice and have 
 arrest powers pursuant to a State statute, 
 which allocate a substantial part of their 
 annual budget to the administration of criminal 
 justice, and which meet training requirements 
 established by law or ordinance for law 
 enforcement officers[.];
 (2) the term ``peace officer standards and training 
 agency'' means an agency of a State with the statutory 
 authority under State law to set standards for the 
 hiring, training, ethical conduct, and retention of the 
 law enforcement officers of the State through 
 certification, licensing, or other similar 
 qualification process; and
 (3) the term ``State'' means each of the several 
 States of the United States, the District of Columbia, 
 the Commonwealth of Puerto Rico, the United States 
 Virgin Islands, Guam, American Samoa, the Commonwealth 
 of the Northern Mariana Islands, and any territory or 
 possession of the United States.
 (f)(1) Information from national crime information databases 
consisting of identification records, criminal history records, 
protection orders, and wanted person records may be 
disseminated to civil or criminal courts for use in domestic 
violence or stalking cases. Nothing in this subsection shall be 
construed to permit access to such records for any other 
purpose.
 (2) Federal, tribal, and State criminal justice agencies 
authorized to enter information into criminal information 
databases may include--
 (A) arrests, convictions, and arrest warrants for 
 stalking or domestic violence or for violations of 
 protection orders for the protection of parties from 
 stalking or domestic violence; and
 (B) protection orders for the protection of persons 
 from stalking or domestic violence, provided such 
 orders are subject to periodic verification.
 (3) As used in this subsection--
 (A) the term ``national crime information databases'' 
 means the National Crime Information Center and its 
 incorporated criminal history databases, including the 
 Interstate Identification Index; and
 (B) the term ``protection order'' includes--
 (i) any injunction, restraining order, or any 
 other order issued by a civil or criminal court 
 for the purpose of preventing violent or 
 threatening acts or harassment against, sexual 
 violence or contact or communication with or 
 physical proximity to, another person, 
 including any temporary or final orders issued 
 by civil or criminal courts whether obtained by 
 filing an independent action or as a pendente 
 lite order in another proceeding so long as any 
 civil order was issued in response to a 
 complaint, petition, or motion filed by or on 
 behalf of a person seeking protection; and
 (ii) any support, child custody or visitation 
 provisions, orders, remedies, or relief issued 
 as part of a protection order, restraining 
 order, or stay away injunction pursuant to 
 State, tribal, territorial, or local law 
 authorizing the issuance of protection orders, 
 restraining orders, or injunctions for the 
 protection of victims of domestic violence, 
 dating violence, sexual assault, or stalking.

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