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Title 34, NavyRelease 119-110

§40314 Effect on Other Laws

Title 34 › Subtitle IV — Criminal Records and Information › CHAPTER 403 — CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION › SUBCHAPTER II — EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES › § 40314

Last updated Sep 23, 2026|Official source

Summary

The Compact does not change the FBI’s duties under the Privacy Act of 1974 (section 552a of title 5). It also does not block access to records under certain laws, such as section 9101 of title 5, the National Child Protection Act, the Brady Handgun Violence Prevention Act, the Violent Crime Control and Law Enforcement Act of 1994, the U.S. Housing Act of 1937, or the Native American Housing Assistance and Self-Determination Act of 1996. It does not affect any lawful direct access to federal criminal history records. The FBI’s authority under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92–544 (86 Stat. 1115)) also stays the same. The Council is not a federal advisory committee under chapter 10 of title 5. Except for an FBI member or an at-large member who is a federal official, Council members are not federal officers or employees because of their membership and do not get federal pay or benefits for being on the Council.

Full Legal Text

Title 34, §40314

Navy, Source: USLM XML via OLRC

(a)Privacy Act of 1974
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)Access to certain records not affected
Nothing in the Compact shall interfere in any manner with—
(1)access, direct or otherwise, to records pursuant to—
(A)section 9101 of title 5;
(B)the National Child Protection Act [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)Authority of FBI under Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973
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)Chapter 10 of title 5
The Council shall not be considered to be a Federal advisory committee for purposes of chapter 10 of title 5.
(e)Members of Council not Federal officers or employees
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

Sep 23, 2026

Release point: 119-110