States Handling Access to Reciprocity for Employment Act
Bill: H.R.9306 | Sponsor: Rep. Mann, Tracey (R-KS)
Policy area: Government Operations and Politics

Summary:
States Handling Access to Reciprocity for Employment Act or the SHARE Act
This bill requires the Federal Bureau of Investigation to make available criminal history record information to a state occupational or professional licensing authority for background checks of individuals seeking a license under an interstate compact.
A state licensing authority may not share criminal history record information with the compact's commission, any other state entity or licensing authority, or the public, but may inform the compact's commission of completion of a background check.

To authorize the use of FBI criminal history record information for 
     administration of interstate compacts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``States Handling Access to 
Reciprocity for Employment Act'' or the ``SHARE Act''.

SEC. 2. INFORMATION SHARING.

    Subtitle E of title IV 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:

``SEC. 6404. SHARING AND USE OF CRIMINAL HISTORY RECORD INFORMATION.

    ``(a) FBI Providing Criminal History Record Information to State 
Licensing Authorities.--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 a interstate compact, or the 
regulations duly promulgated thereunder, for the purpose of conducting 
a criminal history background check of individuals seeking a license or 
privilege to practice an occupation or profession in a compact member 
State.
    ``(b) State Licensing Authority Use of Criminal History Record 
Information.--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 application 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 licensing authority, or the public.
    ``(c) Sharing the Fact of Completion of the Criminal History 
Background Check Expressly Permitted.--For the purpose of subsection 
(b), 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 by this Act 
and shall not constitute the sharing of criminal history record 
information.
    ``(d) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means a joint 
        governmental entity, established under an agreement of 2 or 
        more States participating in an interstate compact.
            ``(2) Criminal history record information.--The term 
        `criminal history record information' means information 
        collected by law enforcement agencies on individuals consisting 
        of identifiable descriptions and notations of arrests, 
        detentions, indictments, informations, or other formal criminal 
        charges, and any disposition arising therefrom, including 
        acquittal, sentencing, correctional supervision, and release. 
        The term 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 or 
        certification 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.
            ``(7) State licensing authority.--The term `State licensing 
        authority' means a State licensing board, commission, 
        department, or other entity that is empowered under the law of 
        that State to grant a license to practice an occupation or 
        profession.''.
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