forth by the Attorney General or by the State in which 
the entity is located.’’; 
(B) in subsection (b)— 
(i) in paragraph (1)(E), by striking 
‘‘unsupervised’’; 
(ii) in paragraph (2)— 
(I) by redesignating subpara-
graph (A) as clause (i); 
(II) in subparagraph (B)— 
(aa) by adding ‘‘and’’ at the 
end; and 
(bb) by redesignating such 
subparagraph as clause (ii); 
(III) by striking ‘‘that each pro-
vider who is the subject of a back-
ground check’’ and inserting ‘‘(A) 
that each covered individual who is 
the subject of a background check 
conducted pursuant to the procedures 
established pursuant to subsection 
(a)(1)’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(B) that each covered individual who is the 
subject of a national criminal history background
check and criminal history review conducted pursu-
ant to the procedures established pursuant to sub-
section (a)(3) is entitled to challenge the accuracy 
and completeness of any information in the criminal 
history record of the individual by contacting the 
Federal Bureau of Investigation under the procedure 
set forth in section 16.34 of title 28, Code of Fed-
eral Regulations, or any successor thereto.’’; 
(iii) in paragraph (3), by inserting 
after ‘‘authorized agency’’ the following: 
‘‘or designated entity, as applicable’’; and 
(iv) in paragraph (4), by inserting 
after ‘‘authorized agency’’ the following: 
‘‘or designated entity, as applicable,’’; 
(C) in subsection (d), by inserting after 
‘‘officer or employee thereof,’’ the following: 
‘‘nor shall any designated entity nor any officer 
or employee thereof,’’; 
(D) by amending subsection (e) to read as 
follows: 
‘‘(e) FEES.— 
‘‘(1) STATE PROGRAM.—In the case of a back-
ground check conducted pursuant to a State require-
ment adopted after December 20, 1993, conducted 
with fingerprints on a covered individual, the fees
collected by authorized State agencies and the Fed-
eral Bureau of Investigation may not exceed eight-
een dollars, respectively, or the actual cost, which-
ever is less, of the background check conducted with 
fingerprints. 
‘‘(2) FEDERAL PROGRAM.—In the case of a na-
tional criminal history background check and crimi-
nal history review conducted pursuant to the proce-
dures established pursuant to subsection (a)(3), the 
fees collected by a designated entity shall be set at 
a level that will ensure the recovery of the full costs 
of providing all such services. The designated entity 
shall remit the appropriate portion of such fee to the 
Attorney General, which amount is in accordance 
with the amount published in the Federal Register 
to be collected for the provision of a criminal history 
background check by the Federal Bureau of Inves-
tigation. 
‘‘(3) ENSURING
FEES
DO
NOT
DISCOURAGE 
VOLUNTEERS.—A fee system under this subsection 
shall be established in a manner that ensures that 
fees to qualified entities for background checks do 
not discourage volunteers from participating in pro-
grams to care for children, the elderly, or individuals 
with disabilities.’’;
(E) by inserting after subsection (e) the 
following: 
‘‘(f) NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PROGRAM.— 
‘‘(1) NATIONAL
CRIMINAL
HISTORY
BACK-
GROUND CHECK.—Upon a designated entity receiv-
ing notice of a request submitted by a qualified enti-
ty pursuant to subsection (a)(3), the designated en-
tity shall forward the request to the Attorney Gen-
eral, who shall, acting through the Director of the 
Federal Bureau of Investigation, complete a finger-
print-based check of the national criminal history 
background check system, and provide the informa-
tion received in response to such national criminal 
history background check to the appropriate des-
ignated entity. The designated entity may, upon re-
quest from a qualified entity, complete a check of a 
State criminal history database. 
‘‘(2) CRIMINAL HISTORY REVIEW.— 
‘‘(A) DESIGNATED ENTITIES.—The Attor-
ney General shall designate, and enter into an 
agreement with, one or more entities to make 
determinations described in paragraph (2). The 
Attorney General may not designate and enter
into an agreement with a Federal agency under 
this subparagraph. 
‘‘(B) DETERMINATIONS.—A designated en-
tity shall, upon the receipt of the information 
described in paragraph (1), make a determina-
tion of fitness described in subsection (b)(4), 
using the criteria described in subparagraph 
(C). 
‘‘(C) CRIMINAL
HISTORY
REVIEW
CRI-
TERIA.—The Attorney General shall, by rule, 
establish the criteria for use by designated enti-
ties in making a determination of fitness de-
scribed in subsection (b)(4). Such criteria shall 
be based on the criteria established pursuant to 
section 108(a)(3)(G)(i) of the Prosecutorial 
Remedies and Other Tools to end the Exploi-
tation of Children Today Act of 2003 (42 
U.S.C. 5119a note).’’; and 
(F) by striking— 
(i) ‘‘provider’’ each place it appears, 
and inserting ‘‘covered individual’’; and 
(ii) ‘‘provider’s’’ each place it appears, 
and inserting ‘‘covered individual’s’’; and 
(2) in section 5—
(A) by amending paragraph (9) to read as 
follows: 
‘‘(9) the term ‘covered individual’ means an in-
dividual— 
‘‘(A) who has, seeks to have, or may have 
access to children, the elderly, or individuals 
with disabilities, served by a qualified entity; 
and 
‘‘(B) who— 
‘‘(i) is employed by or volunteers with, 
or seeks to be employed by or volunteer 
with, a qualified entity; or 
‘‘(ii) owns or operates, or seeks to 
own or operate, a qualified entity.’’; 
(B) in paragraph (10), by striking ‘‘and’’ 
at the end; 
(C) in paragraph (11), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by inserting after paragraph (11) the 
following: 
‘‘(12) the term ‘designated entity’ means an en-
tity designated by the Attorney General under sec-
tion 3(f)(2)(A).’’.
SEC. 3. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
be fully implemented by not later than 1 year after the 
date of enactment of this Act. 
Passed the House of Representatives May 22, 2017. 
Attest: 
Clerk.