S. 1101

119 S1101 IS: States Handling Access to Reciprocity for Employment Act of 2025
 U.S. Senate
 2025-03-25
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 1101  IN THE SENATE OF THE UNITED STATES   March 25, 2025   Mr. Welch  (for himself,  Mrs. Blackburn , and  Mr. King ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To authorize the use of Federal Bureau of Investigation criminal history record information for administration of certain licenses.
1.
Short title
This Act may be cited as the   States Handling Access to Reciprocity for Employment Act of 2025   or the   SHARE Act of 2025  .
2.
Sharing and use of criminal history record information
Subtitle E of title VI of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 34 U.S.C. 41106 et seq. ) is amended by adding at the end the following:
6404.
Sharing and use of criminal history record information
(a)
Definitions
In this section:
(1)
Commission
The term  Commission  means a joint governmental entity, including an interstate compact commission, established by legislative enactment of an interstate compact.
(2)
Criminal history record information
The term  criminal history record information —
(A)
means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release; and
(B)
does not include identification information, such as fingerprint records, if such information does not indicate the individual’s involvement with the criminal justice system.
(3)
License
The term  license  means a license, multistate license, certification, or other authorization by which a State licensing authority authorizes an individual to practice an occupation or profession in that State.
(4)
Privilege
The term  privilege  means a grant of authority issued pursuant to an interstate compact to a license holder that permits the license holder to practice in a compact member State.
(5)
State
The term  State  means any State, territory, or possession of the United States, and the District of Columbia.
(6)
State identification bureau
The term  State identification bureau  has the meaning given such term in section 6402(c).
(7)
State licensing authority
The term  State licensing authority  means a State licensing board, agency, department, or other entity that is empowered under the law of that State to grant a license to practice an occupation or profession.
(b)
Requirement for Federal Bureau of Investigation To provide certain criminal history record information
Subject to the restrictions in subsection (c), the Director of the Federal Bureau of Investigation shall furnish or otherwise make available to a State licensing authority, through an agreement with a State law enforcement agency or State identification bureau, criminal history record information to the extent required by an interstate compact, or the regulations duly promulgated thereunder, for the purpose of conducting a criminal history background check of any individual seeking a license or privilege to practice an occupation or profession in a compact member State.
(c)
State licensing authority use of criminal history record information
(1)
Prohibition
A State licensing authority that is a member of an interstate compact that requires completion of a criminal history background check for an individual for the purpose of acting upon a license or privilege of that individual to practice an occupation or profession in a State shall use such information solely for that purpose and may not share criminal history record information or any part thereof with the compact’s Commission, any other State entity or State Licensing Authority, or the public.
(2)
Sharing fact of completion of criminal history background check expressly permitted
A State licensing authority informing a compact Commission of the completion of the criminal history background check, including a binary determination of whether or not the criminal history background check of an applicant was satisfactory, is expressly permitted under this section and shall not constitute the sharing of criminal history record information under paragraph (1).
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