Criminal History Access Act of 2026

The Congress possesses the authority to maintain records of criminal history generated in the execution of federal laws, particularly those concerning offenses against the laws of nations, piracies, felonies on the high seas, and counterfeiting, as enumerated in the Constitution. Authorizing state peace officer standards and training agencies to access such federal records is a proper regulation incidental to the management of these records and the faithful execution of federal powers, ensuring coordination in the administration of justice without usurping state police powers. This measure ali…

The Constitution grants no enumerated power to Congress to establish or maintain a central repository of criminal history records, especially those derived from state prosecutions, nor to authorize dissemination of such records to state agencies overseeing peace officer training. This action exceeds federal authority, intruding upon powers reserved to the States or the people. It further endangers the security of personal papers and effects against general inquisitions into private conduct, absent specific warrants tailored to individual cases.

The maintenance of criminal history record information by the Federal Bureau of Investigation falls within the implied powers of Congress to execute its enumerated authorities, such as those concerning commerce among the states and the punishment of counterfeiting and piracies. Authorizing agencies of the states, District of Columbia, or territories—responsible for standards of their own peace officers—to access such federal records facilitates cooperation between the general and local governments without encroaching upon the reserved powers of the states. This arrangement preserves the federa…

The Congress possesses the authority under the Constitution to establish departments of government and to regulate the access to records maintained by such departments for the execution of its enumerated powers. The Federal Bureau of Investigation, as a creation of Congress, maintains criminal history records incidental to the national government's execution of laws respecting interstate commerce and the apprehension of offenders therein. Authorizing state peace officer standards and training agencies to access such records constitutes a means plainly adapted to a legitimate end, namely, the p…