S.1101 - States Handling Access to Reciprocity for Employment Act of 2025; SHARE Act of 2025 (119th Congress)
Summary
S.1101, the SHARE Act of 2025, aims to authorize the use of FBI criminal history record information for administering certain licenses. This bill amends the Intelligence Reform and Terrorism Prevention Act of 2004 to allow state licensing authorities access to FBI criminal history data for individuals seeking licenses or privileges in compact member states. The goal is to facilitate interstate professional licensure reciprocity while ensuring public safety through background checks.
Expected Effects
The SHARE Act would likely streamline the process for professionals seeking to practice in multiple states by enabling efficient background checks. This could lead to increased mobility for licensed professionals and potentially address workforce shortages in certain fields. However, it also raises concerns about data privacy and the potential for misuse of criminal history information.
Potential Benefits
- Streamlined licensing process for professionals seeking reciprocity in multiple states.
- Enhanced public safety through criminal history background checks for licensed professions.
- Potential reduction in workforce shortages by facilitating interstate mobility of professionals.
- Increased efficiency for state licensing authorities through direct access to FBI criminal history data.
- Supports interstate compacts aimed at recognizing professional licenses across state lines.
Potential Disadvantages
- Potential for misuse or unauthorized sharing of criminal history record information.
- Concerns about data privacy and the protection of individual rights.
- Risk of errors or inaccuracies in criminal history data impacting licensing decisions.
- Increased burden on the FBI to provide criminal history information to state licensing authorities.
- Possible inconsistencies in how states interpret and use criminal history information.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is primarily related to the Commerce Clause (Article I, Section 8), which grants Congress the power to regulate interstate commerce. By facilitating interstate professional licensure, the SHARE Act could be seen as promoting interstate commerce. The Tenth Amendment, reserving powers not delegated to the federal government to the states, is also relevant, as the bill involves federal-state cooperation in licensing matters. However, the bill also implicates privacy concerns, potentially triggering scrutiny under the Fourth Amendment regarding unreasonable searches and seizures, although the bill attempts to limit the use of the data.
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).