SHARE Act of 2025
- Sponsor
- Sen. Welch, Peter [D-VT]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 25, 2025
Bottom line
This bill streamlines the process for State professional licensing boards to access FBI criminal history data for background checks, facilitating interstate professional reciprocity while aiming to protect privacy.
What it actually does
The States Handling Access to Reciprocity for Employment Act of 2025 (SHARE Act of 2025) authorizes the Federal Bureau of Investigation (FBI) to provide criminal history record information to State licensing authorities. This information is specifically for conducting background checks on individuals seeking professional licenses or privileges to practice an occupation in a State that is part of an interstate compact. The bill explicitly restricts the use of this information solely for licensing purposes and prohibits its further sharing with compact commissions or the public, while allowing notification of background check completion.
Proponents argue
Supporters argue that this bill will enhance public safety by ensuring that individuals practicing professions across state lines have undergone thorough criminal background checks. It also facilitates occupational licensure portability, making it easier for qualified professionals to work in different states without redundant background checks, thereby reducing barriers to employment and promoting economic mobility, especially for military spouses and other mobile populations.
Opponents contend
Critics might raise concerns about the expansion of access to FBI criminal history records, even with stated limitations. They could argue that any increase in data sharing, even for specific purposes, carries inherent privacy risks and the potential for misuse or data breaches. Some may also question the necessity of federalizing this data sharing, preferring state-level solutions.
The bill is very short and clearly written, making it highly accessible for a reader to understand its core provisions quickly.
Section 2, adding new Section 6404(b) to Subtitle E of title VI of the Intelligence Reform and Terrorism Prevention Act of 2004.
FBI Authorization to Share Criminal History Data for Licensing
This provision mandates that the Director of the FBI must provide criminal history record information to State licensing authorities. This sharing occurs through agreements with State law enforcement agencies or State identification bureaus. The purpose is strictly for conducting criminal history background checks required by interstate compacts for individuals seeking a license or privilege to practice an occupation or profession in a compact member State.
Supporters argue
Supporters argue this provision is crucial for ensuring public safety by allowing State licensing authorities to conduct comprehensive background checks on professionals, especially those practicing across state lines. It also supports professional mobility by standardizing and streamlining the background check process for interstate compacts, reducing administrative burdens and delays for qualified individuals.
Critics contend
Some might argue that expanding FBI data access, even with restrictions, increases the risk of data misuse or privacy breaches. They might also contend that existing state-level background check mechanisms are sufficient, and federalizing this process could lead to unintended consequences or overreach.
Tradeoffs
The provision balances the need for public safety through thorough background checks with concerns about individual privacy and the potential for expanded government access to personal data. It also navigates the tension between state autonomy in licensing and the benefits of interstate reciprocity.
Section 2, adding new Section 6404(c) to Subtitle E of title VI of the Intelligence Reform and Terrorism Prevention Act of 2004.
Privacy Protections and Data Sharing Limitations
This provision strictly prohibits State licensing authorities from sharing the received criminal history record information or any part of it with the compact's Commission, any other State entity, or the public. The information can only be used for the specific purpose of acting upon an individual's license or privilege application. However, it explicitly permits a State licensing authority to inform a compact Commission that a background check was completed and provide a binary 'satisfactory' or 'unsatisfactory' determination without sharing the underlying details.