HR-2332-119
Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 0.
Sponsored by Tracey Mann (R-KS)
What it does
This bill would authorize the FBI to share criminal history record information with state licensing authorities for the purpose of conducting background checks on individuals seeking occupational or professional licenses under interstate compacts. It would restrict state licensing authorities to using that information solely for licensing decisions and prohibit them from sharing the full criminal record with compact commissions, other states, or the public. States could share only a binary "pass/fail" result — not the underlying record details — with the compact's governing commission.
Who benefits
Licensed professionals who work across state lines under interstate compacts — such as nurses, physical therapists, counselors, and emergency medical personnel — who would gain a clearer, more uniform background check process. State licensing boards that currently lack explicit federal authorization to access FBI criminal history data for compact-related licensing. Interstate compact commissions that would receive standardized, consistent background check outcomes. Employers in multi-state industries who hire compact-licensed workers and benefit from streamlined credentialing. Patients and consumers who may benefit from more thorough vetting of licensed practitioners.
Who is hurt
Applicants with criminal histories who may face denial of licensure in compact member states based on FBI records that might not have been accessible to those states before. Individuals with arrests that did not result in convictions, since the bill's definition of criminal history record information includes arrests and detentions, not just convictions. Privacy advocates concerned about expanded federal criminal data sharing with state agencies. States that prefer to set their own standards for what criminal history information is relevant to licensing decisions, who may see their discretion constrained by compact requirements backed by federal data access.
Supporters argue
Supporters argue that interstate compacts — which now cover millions of licensed professionals including nurses, physical therapists, and counselors — lack a consistent, legally clear mechanism for accessing FBI criminal history data, creating gaps in public safety screening. They contend that the bill fills a specific statutory void by explicitly authorizing FBI data sharing while building in strong privacy protections: the underlying record stays with the state, and only a binary result travels to the compact commission. This structure, they argue, protects both public safety and individual privacy simultaneously.
Opponents argue
Opponents argue that expanding FBI criminal history data access to state licensing authorities — particularly for arrests that never resulted in convictions — risks systematically excluding qualified professionals from their fields based on incomplete or misleading records. They contend that the binary pass/fail system, while limiting data sharing, still allows a single state's licensing decision (based on undisclosed record details) to effectively block a professional's ability to practice across all compact member states, concentrating consequential gatekeeping power without transparent, uniform standards for what disqualifies an applicant.