SHARE Act of 2025
- Bill Number
- S. 1101
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-25: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-03-19T11:03:26Z
AI-Generated Summary
Summary of S. 1101: States Handling Access to Reciprocity for Employment Act of 2025 (SHARE Act of 2025)
Purpose
The legislation aims to enable the sharing of Federal Bureau of Investigation (FBI) criminal history records with state licensing authorities. This supports background checks for individuals seeking licenses or permissions to practice occupations or professions across multiple states through interstate agreements (known as compacts). The goal is to streamline multistate licensing while protecting privacy.
Key Provisions
- Definitions:
- Commission: A joint government body, like an interstate compact group, created by state laws.
- Criminal history record information: Details from criminal justice agencies about arrests, charges, and outcomes (e.g., convictions or acquittals), but excluding non-criminal identifiers like fingerprints unless tied to criminal involvement.
- License: Official permission from a state to work in a job or profession, including multistate versions.
- Privilege: Authority granted under an interstate compact allowing practice in member states.
- State licensing authority: A state board, agency, or department that issues such permissions.
- FBI Role: The FBI Director must provide criminal history records to state licensing authorities, but only through agreements with state law enforcement or identification bureaus. This is limited to what's needed for background checks required by interstate compacts.
- Use Restrictions: State licensing authorities can only use the information for deciding on licenses or privileges. They cannot share the actual criminal details with the compact commission, other states, or the public. However, they may inform the commission that a check was completed and whether it passed (a simple yes/no result).
Significant Changes to Existing Law
This bill amends the Intelligence Reform and Terrorism Prevention Act of 2004 by adding a new section (6404) to Subtitle E of Title VI. Previously, federal law restricted FBI criminal history sharing to specific national security or law enforcement purposes. The change explicitly allows sharing for state-administered multistate occupational licensing, filling a gap for interstate compacts while adding strict privacy limits.
Potential Impacts
- Government Agencies: The FBI gains a new obligation to share data, potentially increasing workload but through controlled agreements. State agencies benefit from easier access to federal records, speeding up licensing processes for professions like nursing or teaching that span states.
- Citizens: Professionals seeking to work across state lines (e.g., relocating for jobs) face simpler reciprocity, reducing barriers to employment. However, applicants must consent to background checks, and privacy rules prevent widespread disclosure of personal criminal records.
- International Relations: No direct impact, as the bill focuses on domestic U.S. states and territories.
Main Stakeholders Affected
- State Licensing Authorities: Directly receive and use FBI data for licensing decisions.
- Interstate Compact Commissions: Benefit from confirmed background check results (without details) to manage multistate privileges.
- Individuals Applying for Licenses: Subject to checks, which could affect job mobility but ensure safer professional standards.
- FBI and State Law Enforcement: Handle data sharing, with added administrative responsibilities.
- Professions Involved in Compacts: Workers in fields with multistate agreements, such as healthcare or education, gain easier access to opportunities.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens privacy protections under federal law by prohibiting unauthorized sharing of sensitive criminal data, aligning with existing statutes like the Privacy Act. It promotes uniformity in background checks for interstate commerce, potentially reducing legal disputes over license recognition.
- Constitutional: Supports the Commerce Clause by facilitating interstate professional mobility without infringing on states' rights to regulate occupations. No apparent free speech or due process issues, as use is limited to official licensing.
- Political: Encourages bipartisan cooperation on workforce mobility (introduced by senators from different parties). It could influence future compacts by setting a federal framework, but raises debates on balancing public safety with individual privacy rights.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Sen. Blackburn, Marsha [R-TN], Sen. King, Angus S., Jr. [I-ME], Sen. Van Hollen, Chris [D-MD], Sen. Whitehouse, Sheldon [D-RI], Sen. Collins, Susan M. [R-ME], Sen. Mullin, Markwayne [R-OK], Sen. Klobuchar, Amy [D-MN], Sen. Shaheen, Jeanne [D-NH], Sen. Ossoff, Jon [D-GA], Sen. Tuberville, Tommy [R-AL]
Recent Actions
- 2025-03-25: Read twice and referred to the Committee on the Judiciary.
- 2025-03-25: Introduced in Senate
Bill Versions
- States Handling Access to Reciprocity for Employment Act of 2025 — issued 2025-03-25 — PDF (5 pages)