; 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 appropriate 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. 4. Rules of construction Nothing in this Act may be construed to— (1) impose a requirement on a qualified entity, a consumer reporting agency, or a State, to participate in the Program