Overview
Title
To authorize the use of Federal Bureau of Investigation criminal history record information for administration of certain licenses.
ELI5 AI
The SHARE Act of 2025 is a plan that lets the FBI share criminal history records with states so they can check if people applying for certain jobs in different states have a criminal record. This information can only be used for job licensing and can't be shared any further.
Summary AI
S. 1101, also known as the "States Handling Access to Reciprocity for Employment Act of 2025" or the "SHARE Act of 2025," seeks to allow the Federal Bureau of Investigation (FBI) to share criminal history records with state licensing authorities. This would help these authorities conduct background checks on individuals applying for licenses to practice certain professions in multiple states. The bill ensures that the shared criminal history information is used solely for licensing purposes and prohibits further sharing of this data, except for confirming if a background check was completed successfully.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
General Summary of the Bill
The proposed legislation, Senate Bill 1101, aims to authorize the use of Federal Bureau of Investigation (FBI) criminal history record information for the administration of certain licenses. Officially titled the "States Handling Access to Reciprocity for Employment Act of 2025" or "SHARE Act of 2025," the bill focuses on regulating how this criminal history information is shared and utilized by state licensing authorities. The bill intends to facilitate the process by which individuals can secure licenses or privileges to practice occupations or professions across state lines, leveraging an interstate compact.
Key Provisions
- Authorization Requirement: The FBI is required to furnish relevant criminal history record information to state licensing authorities through agreements with state law enforcement agencies or state identification bureaus.
- Restricted Use: State licensing authorities can use this information solely for conducting background checks on individuals seeking licenses or privileges to practice professions in member states of the compact.
- Non-Disclosure: The sharing of detailed criminal history information with other state entities, or its public release, is prohibited, barring limited acknowledgment of the completion of background checks.
Summary of Significant Issues
Complexity and Ambiguity
The bill employs complex legal terminology and nested clauses, which could make it difficult for those without legal expertise to understand. The definitions and scope of certain terms, such as "criminal history record information," and the distinctions between "license" and "privilege" are not entirely clear, potentially leading to inconsistent interpretations.
Transparency and Oversight Concerns
A significant issue is the prohibition on sharing criminal history information beyond what is necessary for the specified purpose. This could limit transparency and make oversight or accountability difficult, raising potential ethical concerns regarding the misuse of sensitive data. Moreover, the bill lacks specific mechanisms to ensure compliance with these restrictions.
Binary Outcomes for Background Checks
The bill specifies that only a binary outcome (satisfactory or not) of the criminal history background check can be shared with a compact Commission. This limitation may exclude valuable contextual details from the decision-making process, potentially affecting the fairness and comprehensiveness of licensing decisions.
Impact on the Public
The bill could have a broad public impact by potentially streamlining the process for professionals to acquire necessary licenses to practice across multiple states. This could facilitate greater employment mobility and address workforce shortages in certain professions. However, the complexity of the bill and its lack of transparency could lead to public skepticism or concern about privacy and data protection.
Impact on Specific Stakeholders
Positive Impact
- Professionals Seeking Licensure: The bill aims to simplify the process for professionals seeking to work in different states, potentially easing barriers to employment.
- State Licensing Authorities: The authorities could benefit from clear guidelines on accessing and using criminal history information, thus possibly reducing administrative burden.
Negative Impact
- Data Privacy Advocates: There may be concerns about how personal data is handled and protected, given the limitations on sharing and the potential for unauthorized use.
- Legal and Compliance Officials: Given the intricate legal language and potential for ambiguous interpretations, officials responsible for compliance might face challenges in implementing the bill.
Overall, while the SHARE Act of 2025 has the potential to enhance employment flexibility and streamline licensing processes, it must address issues related to privacy, transparency, and effective implementation to be fully effective and gain broad support.
Issues
The prohibition on sharing criminal history record information by State licensing authorities (Section 6404, subsection (c)(1)) may limit transparency and oversight, potentially hindering necessary communication between State authorities, and it could also raise concerns about the lack of checks and balances.
The bill does not specify an oversight or accountability mechanism to ensure that the criminal history record information is used solely for licensing purposes (Section 6404, subsection (c)), which may raise ethical and legal concerns about the misuse of sensitive data.
The section on definitions (Section 6404, subsection (a)) uses complex terminology and nested clauses, which could make the legislation difficult to understand for individuals without a legal background, potentially leading to misinterpretation or misuse.
There is potential ambiguity in the scope of the requirement for the Federal Bureau of Investigation to provide criminal history record information 'to the extent required by an interstate compact' (Section 6404, subsection (b)), which could lead to inconsistent application and enforcement.
The exclusion of 'identification information' such as fingerprint records from the definition of criminal history record information (Section 6404, subsection (a)(2)(B)) unless it indicates involvement with the criminal justice system might create ambiguity in interpreting what constitutes relevant data.
The section allows only binary outcomes of criminal history background checks to be shared with a compact Commission (Section 6404, subsection (c)(2)), which might limit context or nuance in the decision-making process.
The distinction between terms such as 'license' and 'privilege' (Section 6404, subsection (a)(3)-(4)) might lead to confusion, particularly if there are nuanced differences in how these are applied in practice.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act specifies its short title, stating that it can be referred to as the “States Handling Access to Reciprocity for Employment Act of 2025” or simply the “SHARE Act of 2025.”
2. Sharing and use of criminal history record information Read Opens in new tab
Summary AI
The section outlines how criminal history record information is shared and used for licensing purposes. It specifies that the FBI must provide such information to state licensing authorities, who can only use it for conducting background checks related to granting licenses or privileges. State authorities cannot share this information with other entities, except to confirm that a background check was done and whether it was satisfactory.
6404. Sharing and use of criminal history record information Read Opens in new tab
Summary AI
In this section, the bill defines terms related to the handling of criminal history information, including what is meant by a "license" and "privilege" in the context of interstate practice. It also sets rules for how state licensing authorities can use this information, ensuring it's only used for background checks needed to practice a profession in certain states, while prohibiting unnecessary sharing of the detailed information.