Rep. Derek Schmidt's bill to strengthen law enforcement background checks passes Senate, heads to President

Rep. Derek Schmidt's bill to strengthen law enforcement background checks passes Senate, heads to President

The Criminal History Access Act, would authorize the exchange of criminal history record information between the FBI and POST agencies.

By Steve Smith •
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Derek Schmidt

WASHINGTON, D.C. – Congressman Derek Schmidt (KS-02)'s bill to strengthen background checks for law enforcement officers passed the U.S. Senate last night, clearing the way for the bill to head to President Trump. It passed the House earlier this year.

The Criminal History Access Act, bipartisan legislation Schmidt introduced with Congresswoman Deborah Ross (NC-02), would explicitly authorize the exchange of criminal history record information between the Federal Bureau of Investigation and state Peace Officer Standards and Training (POST) agencies. State POST agencies are responsible for enforcing standards for the hiring, training, certification, and ethical conduct of law enforcement officers.

POST agencies need access to criminal history information to properly screen and certify officers and enforce prohibitions against individuals with certain criminal histories serving as law enforcement officers. But under current law, POST agencies are not authorized to run criminal history background checks through federal records databases and instead rely on law enforcement agencies that employ the officers for those records checks. 

"For too long, state POST agencies have had to rely on individual law enforcement agencies to conduct the criminal history records checks needed when certifying officers," Congressman Schmidt said.

"The Criminal History Access Act strengthens background checks by closing that loophole and giving state certification agencies the tools they need to make informed decisions about who is qualified to serve and protect our communities. I'm proud to have worked across party lines with Congresswoman Ross to get this bipartisan legislation through Congress, and I am hopeful the President will sign it into law soon."

"I'm grateful that the Criminal History Access Act passed unanimously in both the House of Representatives and the Senate, bringing us one step closer to ensuring that local law enforcement agencies have the information they need to properly vet and hire new officers," said Congresswoman Deborah Ross. "This bipartisan legislation will ensure officers are held to even stronger hiring standards, which will make our communities safer and strengthen trust in law enforcement. I urge the President to sign this commonsense solution into law to give police and sheriff's departments in North Carolina and across the country the tools to hire qualified, trusted officers." 

The Criminal History Access Act is supported by the International Association of Directors of Law Enforcement Standards and Training. Congressman Schmidt has worked with the Kansas Commission on Peace Officer Standards and Training in developing and advancing the legislation.

The legislation now heads to the President for consideration.

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