H.R. 8352, the Criminal History Access Act; H.R. 8365, the Monitor Accountability Act of 2026; and Ratification of Subcommittee Assignments

House Judiciary Bill MarkupsHouse Judiciary · 2026-04-22 · 119th Congress
The House Judiciary Committee met to mark up two bills: H.R. Begins at 0:07:49
Transcript
Highlights

Title

Judiciary Committee markups: FBI records for POST agencies and federal monitor limits

Purpose

The House Judiciary Committee met to mark up two bills: H.R. 8352, the Criminal History Access Act, which would let state peace officer standards and training (POST) agencies access FBI criminal history records, and H.R. 8365, the Monitor Accountability Act of 2026, which would impose term limits and cost controls on court-appointed federal monitors, including the long-running Maricopa County Sheriff's Office monitorship. The committee also ratified an updated subcommittee roster before proceeding to the two bills. Begins at0:07:49

Who spoke

Chairman Jim Jordan0:07:49: Opened the meeting, oversaw adoption of the subcommittee roster returning Mr. Kelly to his prior subcommittees0:08:27, and presided over both bill markups and votes0:09:060:18:160:50:37.

Rep. (Mr.) Ander (Missouri)0:07:49: Led the Pledge of Allegiance0:08:14.

Rep. Derek Schmidt (Kansas)0:09:36: Introduced H.R. 8352, explaining POST agencies currently cannot access FBI criminal history records, citing a Kansas officer with a disqualifying conviction who worked over 18 months undetected0:11:30; offered a clerical amendment in the nature of a substitute0:15:08.

Ranking Member Jamie Raskin (D-MD)0:12:31: Supported H.R. 8352 as bipartisan, common-sense legislation closing an information gap that lets disqualified individuals become officers0:14:02; later opposed H.R. 8365, calling it "a roundabout way of undermining existing federal monitorships"0:36:50.

Rep. Deborah Ross (North Carolina)0:15:29: Spoke in support of H.R. 8352, noting the bill amends 28 U.S.C. 534 to add POST agencies to entities authorized to receive federal criminal history records0:17:10.

Rep. Andy Biggs (Arizona)0:27:57: Introduced H.R. 8365 following a Maricopa County field hearing, detailing the Ortega Melendres v. Arpaio case, nearly $350 million in monitoring costs since 2013, and a 94% compliance rate by 20250:30:260:31:48; criticized monitor Robert Warshaw's $1 million annual Oakland pay and $200,000 Niagara Falls contract0:33:320:34:20; explained the bill codifies reforms from a 2021 Garland/Gupta DOJ memo, including fee caps and term limits0:35:25; offered an amendment removing the year from the short title0:44:16 and a further amendment extending implementation to 180 days and renaming "administrator" to "director"0:49:15.

Rep. (Ms.) Georgia ranking-side member [unidentified by name in transcript]0:44:34: Opposed H.R. 8365, citing Fulton County jail and foster care monitorships in Georgia0:45:29, and warned mandatory 5-year monitor and 6-year judge term limits would create turnover, waste, and incentives for officials to "run out the clock"0:47:12.

Committee Clerk0:09:27: Reported bill numbers and conducted the roll call vote on H.R. 83650:50:52.

Key moments

H.R. 8352 passed by voice vote with no recorded opposition after bipartisan praise from Schmidt, Raskin, and Ross0:18:16.

Schmidt cited over 50,000 annual law enforcement applicants nationwide and said all 50 states now have a POST-type agency, none of which can directly query the FBI database0:10:340:11:02.

Biggs said Maricopa County has spent nearly $350 million on monitoring since 2013, including $97,000 for one year of office space for the monitor despite remote work0:30:50.

Biggs alleged monitor Robert Warshaw is paid over $1 million annually by Oakland despite reportedly spending little time there, calling the fee structure an incentive to prolong oversight0:33:32.

Raskin countered that Sheriff Arpaio's office was found by a federal court to have committed "the worst pattern of racial profiling by a law enforcement agency in US history," and that racial disparities in arrests persist under a new sheriff0:37:150:38:43.

Raskin argued H.R. 8365 contradicts the Garland memo it claims to codify, noting the memo counsels against automatic termination and explicitly warns against retroactive application, while the bill applies retroactively and would end the Maricopa County monitor and judge shortly after enactment0:41:220:42:20.

The Georgia member noted the bill's 5-year monitor and 6-year judge term limits apply even when all parties agree the monitor and judge are effective0:46:150:47:12.

H.R. 8365 passed by a recorded vote of 13 ayes to 11 noes, largely along party lines0:54:560:54:59.

Biggs noted the Department of Justice itself filed a brief this year supporting Maricopa County's request to end federal oversight0:32:13.

Post-vote, members entered into the record letters and articles on the Maricopa monitorship, including one alleging the sheriff's office "misled public by massively inflating the costs of court-ordered reforms"0:56:30.

Metadata

CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
Date2026-04-22
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript162 caption blocks · 5,995 words · 0:56:44 runtime
EventCongress.gov 119222