II 119THCONGRESS 1 STSESSION S. 1101 To authorize the use of Federal Bureau of Investigation criminal history record information for administration of certain licenses. IN THE SENATE OF THE UNITED STATES MARCH25, 2025 Mr. W ELCH(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. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘States Handling Ac-4 cess to Reciprocity for Employment Act of 2025’’ or the 5 ‘‘SHARE Act of 2025’’. 6 VerDate Sep 11 2014 22:05 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 1101 IS SEC. 2. SHARING AND USE OF CRIMINAL HISTORY RECORD 1 INFORMATION. 2 Subtitle E of title VI of the Intelligence Reform and 3 Terrorism Prevention Act of 2004 (34 U.S.C. 41106 et 4 seq.) is amended by adding at the end the following: 5 ‘‘SEC. 6404. SHARING AND USE OF CRIMINAL HISTORY 6 RECORD INFORMATION. 7 ‘‘(a) D EFINITIONS.—In this section: 8 ‘‘(1) C OMMISSION.—The term ‘Commission’ 9 means a joint governmental entity, including an 10 interstate compact commission, established by legis-11 lative enactment of an interstate compact. 12 ‘‘(2) C RIMINAL HISTORY RECORD INFORMA -13 TION.—The term ‘criminal history record informa-14 tion’— 15 ‘‘(A) means information collected by crimi-16 nal justice agencies on individuals consisting of 17 identifiable descriptions and notations of ar-18 rests, detentions, indictments, information, or 19 other formal criminal charges, and any disposi-20 tion arising therefrom, including acquittal, sen-21 tencing, correctional supervision, and release; 22 and 23 ‘‘(B) does not include identification infor-24 mation, such as fingerprint records, if such in-25 VerDate Sep 11 2014 22:05 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 1101 IS formation does not indicate the individual’s in-1 volvement with the criminal justice system. 2 ‘‘(3) L ICENSE.—The term ‘license’ means a li-3 cense, multistate license, certification, or other au-4 thorization by which a State licensing authority au-5 thorizes an individual to practice an occupation or 6 profession in that State. 7 ‘‘(4) P RIVILEGE.—The term ‘privilege’ means a 8 grant of authority issued pursuant to an interstate 9 compact to a license holder that permits the license 10 holder to practice in a compact member State. 11 ‘‘(5) S TATE.—The term ‘State’ means any 12 State, territory, or possession of the United States, 13 and the District of Columbia. 14 ‘‘(6) S TATE IDENTIFICATION BUREAU .—The 15 term ‘State identification bureau’ has the meaning 16 given such term in section 6402(c). 17 ‘‘(7) S TATE LICENSING AUTHORITY .—The term 18 ‘State licensing authority’ means a State licensing 19 board, agency, department, or other entity that is 20 empowered under the law of that State to grant a 21 license to practice an occupation or profession. 22 ‘‘(b) R EQUIREMENT FOR FEDERALBUREAU OFIN-23 VESTIGATIONTOPROVIDECERTAINCRIMINALHISTORY 24 R ECORDINFORMATION.—Subject to the restrictions in 25 VerDate Sep 11 2014 22:05 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 1101 IS subsection (c), the Director of the Federal Bureau of In-1 vestigation shall furnish or otherwise make available to a 2 State licensing authority, through an agreement with a 3 State law enforcement agency or State identification bu-4 reau, criminal history record information to the extent re-5 quired by an interstate compact, or the regulations duly 6 promulgated thereunder, for the purpose of conducting a 7 criminal history background check of any individual seek-8 ing a license or privilege to practice an occupation or pro-9 fession in a compact member State. 10 ‘‘(c) S TATELICENSINGAUTHORITYUSE OFCRIMI-11 NALHISTORYRECORDINFORMATION.— 12 ‘‘(1) P ROHIBITION.—A State licensing author-13 ity that is a member of an interstate compact that 14 requires completion of a criminal history background 15 check for an individual for the purpose of acting 16 upon a license or privilege of that individual to prac-17 tice an occupation or profession in a State shall use 18 such information solely for that purpose and may 19 not share criminal history record information or any 20 part thereof with the compact’s Commission, any 21 other State entity or State Licensing Authority, or 22 the public. 23 ‘‘(2) S HARING FACT OF COMPLETION OF CRIMI -24 NAL HISTORY BACKGROUND CHECK EXPRESSLY PER -25 VerDate Sep 11 2014 22:05 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 1101 IS MITTED.—A State licensing authority informing a 1 compact Commission of the completion of the crimi-2 nal history background check, including a binary de-3 termination of whether or not the criminal history 4 background check of an applicant was satisfactory, 5 is expressly permitted under this section and shall 6 not constitute the sharing of criminal history record 7 information under paragraph (1).’’. 8 Æ VerDate Sep 11 2014 22:05 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1101.IS S1101 ssavage on LAPJG3WLY3PROD with BILLS