Title 34 — NavyRelease 119-73
§40314 Effect on other laws
Title 34 › Subtitle Subtitle IV— - Criminal Records and Information › Chapter CHAPTER 403— - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION › Subchapter SUBCHAPTER II— - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES › § 40314
Summary
The Compact does not change the FBI’s duties under the Privacy Act of 1974. It also does not stop access to records when other federal laws allow it — for example, laws about background checks, child-protection checks, gun checks, housing, and similar federal rules — and it does not block any direct access to federal criminal history records that the law permits. It also does not affect FBI authority under the 1973 Appropriations Act. The Council is not a federal advisory committee under the federal rules. Most Council members who are not FBI staff or other federal employees do not become federal officers or employees by joining, and they do not get federal pay or benefits just because they are on the Council.
Full Legal Text
Title 34, §40314
Navy — Source: USLM XML via OLRC
(a)Nothing in the Compact shall affect the obligations and responsibilities of the FBI under section 552a of title 5 (commonly known as the “Privacy Act of 1974”).
(b)Nothing in the Compact shall interfere in any manner with—
(1)access, direct or otherwise, to records pursuant to—
(B)the National Child Protection Act 11 See References in Text note below. [34 U.S.C. 40101 et seq.];
(C)the Brady Handgun Violence Prevention Act (Public Law 103–159; 107 Stat. 1536);
(D)the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2074) or any amendment made by that Act;
(E)the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); or
(F)the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or
(2)any direct access to Federal criminal history records authorized by law.
(c)Nothing in the Compact shall be construed to affect the authority of the FBI under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92–544 (86 Stat. 1115)).
(d)The Council shall not be considered to be a Federal advisory committee for purposes of chapter 10 of title 5.
(e)Members of the Council (other than a member from the FBI or any at-large member who may be a Federal official or employee) shall not, by virtue of such membership, be deemed—
(1)to be, for any purpose other than to effect the Compact, officers or employees of the United States (as defined in section 2104 and 2105 of title 5); or
(2)to become entitled by reason of Council membership to any compensation or benefit payable or made available by the Federal Government to its officers or employees.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Privacy Act of 1974, referred to in subsec. (a), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see
Short Title
note set out under section 552a of Title 5 and Tables. The National Child Protection Act, referred to in subsec. (b)(1)(B), probably means the National Child Protection Act of 1993, Pub. L. 103–209, Dec. 20, 1993, 107 Stat. 2490, which is classified principally to chapter 401 (§ 40101 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
of 1993 Act note set out under section 10101 of this title and Tables. The Brady Handgun Violence Prevention Act, referred to in subsec. (b)(1)(C), is title I of Pub. L. 103–159, Nov. 30, 1993, 107 Stat. 1536, which enacted section 925A of Title 18, Crimes and Criminal Procedure, amended section 921, 922, and 924 of Title 18 and former section 3759 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 921 and 922 of Title 18. For complete classification of this Act to the Code, see
Short Title
of 1993 Amendment note set out under section 921 of Title 18 and Tables. The Violent Crime Control and Law
Enforcement
Act of 1994, referred to in subsec. (b)(1)(D), is Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1796. For complete classification of this Act to the Code, see
Short Title
of 1994 Act note set out under section 10101 of this title and Tables. The United States Housing Act of 1937, referred to in subsec. (b)(1)(E), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see
Short Title
note set out under section 1437 of Title 42 and Tables. The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (b)(1)(F), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see
Short Title
note set out under section 4101 of Title 25 and Tables. The Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, referred to in subsec. (c), is Pub. L. 92–544, Oct. 25, 1972, 86 Stat. 1109. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 14614 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments
2022—Subsec. (d). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” in text.
Reference
Citations & Metadata
Citation
34 U.S.C. § 40314
Title 34 — Navy
Last Updated
Apr 6, 2026
Release point: 119-73