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Requires the FBI to provide criminal history record information (CHRI) to state licensing authorities when an interstate compact requires a background check, and restricts how that information may be used and shared. Member-state licensing authorities may use the CHRI only to decide issuance, denial, or continuation of a license or privilege and may not disclose CHRI details to the compact Commission, other states, or the public; they may only inform the Commission that a check occurred and whether the result was satisfactory.
Adds a new section titled "6404 Sharing and use of criminal history record information" to Subtitle E of title VI of the Intelligence Reform and Terrorism Prevention Act of 2004 (34 U.S.C. 41106 et seq.) .
Defines the term "Commission" to mean a joint governmental entity, including an interstate compact commission, established by legislative enactment of an interstate compact .
Defines "criminal history record information" as information collected by criminal justice agencies about arrests, detentions, indictments, information, or other formal criminal charges and any dispositions (such as acquittal, sentencing, correctional supervision, and release). It also says this term does not include identification information (for example, fingerprint records) if that information does not indicate the individual's involvement with the criminal justice system .
Defines "license" to mean a license, multistate license, certification, or other authorization by which a State licensing authority allows an individual to practice an occupation or profession in that State .
Defines "privilege" as a grant of authority issued under an interstate compact to a license holder that permits the license holder to practice in a compact member State .
Who is affected and how:
• State licensing authorities: Most directly affected. They will receive CHRI from the FBI for interstate-compact background checks but must restrict use to licensing decisions and are barred from sharing CHRI details with the compact Commission, other state entities, or the public. States will need to update policies, staff training, and IT/security procedures to comply.
• Federal agency (FBI): Required to transmit CHRI to member-state licensing authorities when a compact requires a background check. The FBI may need to coordinate transmission procedures and ensure compliance with compact and federal privacy rules.
• Individuals applying for licenses or privileges: Subject to background checks; the law governs how their criminal history information is transmitted and limits broader sharing of that information, which provides privacy protections against wider dissemination.
• Interstate compact Commissions: Impacted by a restriction on the information they may receive — they can be told only whether a check occurred and whether the result was satisfactory, not the underlying CHRI details. This limits the Commission’s access to case-level data.
• Public and other state entities: Will not have access to CHRI obtained under these compact-related checks; disclosure beyond the licensing determination is restricted.
Overall effect: The legislation standardizes a mechanism for FBI-to-state CHRI transmission in the context of interstate compacts while tightening limits on downstream sharing and public disclosure. Administrative and technical implementation burdens fall mainly on the FBI and state licensing authorities, but the statute does not specify funding or enforcement steps. The policy increases privacy protections for applicants but may require states and compact administrations to adapt procedures and IT systems to comply with the nondisclosure and reporting limits.
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Read twice and referred to the Committee on the Judiciary.
Introduced March 25, 2025 by Peter Welch · Last progress March 25, 2025
SHARE Act of 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate