chemical and refining infrastructure entities in a manner 
that promotes public safety while protecting the interests 
of both individuals and qualified entities. 
(b) FINDINGS.—Congress finds the following: 
(1) Federal Criminal History Record Informa-
tion (CHRI) is an essential and widely accepted re-
source for background screening. 
(2) The Federal Bureau of Investigation’s 
(FBI) existing CHRI system, the Interstate Identi-
fication Index (III), including the National Finger-
print File (NFF), is a partnership between the 
States and the FBI. It is the primary means for ac-
cessing and communicating CHRI for criminal jus-
tice and certain critical noncriminal justice purposes. 
(3) The existing CHRI system is built on infor-
mation maintained by the States. CHRI available 
from the States represents 95 percent of the CHRI 
available for background check decisions. 
(4) Today, access to a national criminal history 
background check through the FBI is dependent on 
a patchwork of legal authorizations, resulting in on-
going requests for new Federal or State authorizing 
legislation by private sector entities that do not cur-
rently have a means of access. 
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(5) An enhanced system for facilitating chem-
ical and refining infrastructure access to CHRI for 
venue access should rely upon a user-fee-funded 
mechanism through which qualified chemical and re-
fining infrastructure entities nationwide can obtain 
fingerprint-based positive identification and national 
criminal history background checks from the FBI. 
(6) Qualified chemical and refining infrastruc-
ture entities should be free to use either a national 
criminal history background check through the FBI 
or a court-sourced history record information 
through a check using name and other identifiers, 
fingerprints, or a combination of both. 
(7) Any national system for qualified chemical 
and refining infrastructure noncriminal justice back-
ground checks must adhere to high standards for 
privacy and security, including mechanisms for those 
seeking access to challenge accuracy and complete-
ness of the information reported about them. 
(8) The national criminal history background 
check system should leverage the most recent tech-
nological advances to obtain high speed responses, as 
well as enhance accuracy and completeness. 
(9) The national criminal history background 
check system does not alter the Department of 
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Homeland Security’s responsibilities under the 
Chemical Facility Anti-Terrorism Act and the per-
formance standards for high risk chemical facilities. 
SEC. 3. NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK PROGRAM. 
(a) ESTABLISHMENT OF THE PROGRAM.—The Attor-
ney General, acting through the Director of the FBI, shall 
establish and implement a program to be known as the 
‘‘National Criminal History Chemical and Refining Back-
ground Check Program’’ (referred to in this Act as the 
‘‘Program’’) to permit qualified entities to request na-
tional criminal history background checks for the purpose 
of obtaining identification authentication and criminal his-
tory background check information of individuals seeking 
access to a qualified entity. 
(b) REQUEST SYSTEM.—The Program shall include 
a system through which a qualified entity may request a 
national criminal history background check directly 
through the FBI, which system shall be fingerprint-sup-
ported and maintain appropriate privacy protections. 
(c) ROLE OF QUALIFIED EDUCATIONAL ENTITIES.— 
The Program shall include a process through which a 
qualified educational entity may assist in— 
(1) identification authentication of individuals 
seeking access to a qualified entity and may obtain 
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access to the personally identifiable information of 
such individuals; and 
(2) setting criminal history record information 
standards for access to qualified entities. 
(d) RESPONSE TIME.—To the extent practicable, the 
FBI shall respond to a request received under the national 
criminal history background check program under this 
section not later than two business days after receipt of 
such request. 
(e) FEES.—The Attorney General may charge a fee 
for conducting a national criminal history background 
check under this section, except that the amount of such 
fee may not exceed the actual cost of the background 
check. For purposes of calculating the actual cost of the 
background check, the Attorney General shall include the 
cost of building, maintaining, and enhancing an appro-
priate Federal and State infrastructure for the national 
criminal history background check system, technology 
costs, staffing costs, and administrative costs based on the 
sum of both State-by-State and Federal costs, and shall 
review the amount of the fee no less frequently than every 
two years. 
SEC. 4. RULES OF CONSTRUCTION. 
Nothing in this Act may be construed to— 
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(1) impose a requirement on a qualified entity, 
a consumer reporting agency, or a State, to partici-
pate in the Program; and 
(2) limit the authority under any other Federal 
or State law for a qualified entity, a consumer re-
porting agency, or an authorized agency to request 
or provide criminal history background checks that 
are independent from the Program. 
SEC. 5. REPORT. 
Not later than one year after the date of the enact-
ment of this Act, the Attorney General shall submit to 
Congress a report on the Program, including any rec-
ommendations for improvements to the Program. 
SEC. 6. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) AUTHORIZED AGENCY.—The term ‘‘author-
ized agency’’ means a division or office of a State 
designated by a State to collect, maintain, and dis-
seminate criminal history record information under 
this Act. 
(2) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an entity that— 
(A) provides natural gas or petroleum 
chemical 
manufacturing 
or 
refining-related 
services, including connecting terminals and 
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