States Handling Access to Reciprocity for Employment Act

Bill: 117-hr-9306
Sponsor: full_name: Rep. Mann, Tracey [R-KS-1]
Introduced: 2022-11-16
Policy area: Government Operations and Politics
Latest action: action_date: 2022-11-16
text: Referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Summaries:
action_date: 2022-11-16
action_desc: Introduced in House
text: <p><strong>States Handling Access to Reciprocity for Employment Act or the SHARE Act</strong></p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9306 IN THE HOUSE OF REPRESENTATIVES November 16, 2022 Mr. Mann introduced the following bill; which was referred to the Committee on Education and Labor , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the use of FBI criminal history record information for administration of interstate compacts, and for other purposes.

1. Short title This Act may be cited as the States Handling Access to Reciprocity for Employment Act or the SHARE Act . 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: 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. .