H.R.2332 - States Handling Access to Reciprocity for Employment Act of 2025; SHARE Act of 2025 (119th Congress)
Summary
H.R.2332, the SHARE Act of 2025, aims to facilitate the use of FBI criminal history record information for state licensing authorities participating in interstate compacts. It allows the FBI to provide criminal history data to state licensing agencies through agreements with state law enforcement, for the purpose of conducting background checks on individuals seeking occupational licenses. The bill restricts how state licensing authorities can use and share this information, primarily limiting its use to licensing decisions within the compact.
Expected Effects
The bill would streamline the process for interstate recognition of occupational licenses by enabling states to access necessary criminal history information. This could lead to increased mobility for professionals and a more efficient licensing process across state lines. However, it also introduces potential concerns regarding data privacy and the potential for misuse of criminal history information.
Potential Benefits
- Increased mobility for licensed professionals across state lines.
- Streamlined licensing processes for occupations covered by interstate compacts.
- Enhanced ability for states to conduct thorough background checks, potentially improving public safety.
- Promotion of reciprocity agreements between states, fostering interstate cooperation.
- Reduced administrative burden for both applicants and licensing authorities.
Potential Disadvantages
- Potential for misuse or unauthorized sharing of criminal history record information, despite restrictions.
- Concerns about data privacy and the accuracy of criminal history records.
- Possible creation of a national database of licensed professionals, raising federalism concerns.
- Increased burden on the FBI to provide criminal history data to state licensing authorities.
- Risk of inconsistent application of licensing standards across different states within the compact.
Constitutional Alignment
The bill's constitutional alignment is complex. While it aims to facilitate interstate commerce, potentially aligning with the Commerce Clause (Article I, Section 8), it also raises federalism concerns by potentially expanding federal involvement in state licensing processes, which are traditionally state responsibilities. The bill also implicates privacy concerns, potentially triggering scrutiny under the Fourth Amendment, although the restrictions on data sharing attempt to mitigate these concerns. The Tenth Amendment, reserving powers not delegated to the federal government to the states, is also relevant.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).