§ 40314. Effect on other laws

889 words·~4 min read·/usc/title-34/section-40314

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(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.)

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Cited by 8 sections

public-private-law