34 U.S.C. § 40314 — Effect on other laws

submitted 28 years ago by Pub. L. 105-251 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 348 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Compact does not change the FBI's duties under the Privacy Act. It also does not affect record access already allowed under laws like the Brady Act. The Compact Council is not a federal advisory committee, and most members aren't federal employees.

(a) Privacy Act of 1974. Nothing in the Compact changes the FBI's duties under the Privacy Act of 1974 (5 U.S.C. § 552a). (b) Access to certain records not affected. Nothing in the Compact interferes with (1) access to records already allowed under (A) section 9101 of title 5, (B) the National Child Protection Act, (C) the Brady Handgun Violence Prevention Act, (D) the Violent Crime Control and Law Enforcement Act of 1994 or its amendments, (E) the United States Housing Act of 1937, or (F) the Native American Housing Assistance and Self-Determination Act of 1996; or (2) any other direct access to federal criminal history records already allowed 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 changes the FBI's authority under that 1973 appropriations law. (d) Chapter 10 of title 5. The Council is not treated as a federal advisory committee under chapter 10 of title 5. (e) Members of Council not Federal officers or employees. Council members — other than the FBI's member or an at-large member who happens to be a federal official — do not, just by being on the Council, (1) count as U.S. officers or employees for any purpose besides carrying out the Compact, or (2) become entitled to any federal officer or employee pay or benefits.

the actual law source: uscode.house.gov ↗public domain

(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 1 [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 sections 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.

Source credit: (Pub. L. 105–251, title II, § 215, Oct. 9, 1998, 112 Stat. 1875; Pub. L. 117–286, § 4(a)(213), Dec. 27, 2022, 136 Stat. 4329.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-251 · 112 Stat. 1875
2022Amended · Pub. L. 117-286 · 136 Stat. 4329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-251 on 1998-10-09.

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