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34 U.S.C. § 40316 — National Crime Prevention and Privacy Compact
Federal law — U.S. Code and appendices · legal_authorities
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Source file: Laws/federal/codes/united-states-code/title-34/section-40316-national-crime-prevention-and-privacy-compact--3147783589.md
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Source location: Title 34, Chapter 403, § 40316; chapter-403-criminal-justice-identification-information-and-communication.md
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14616 was editorially reclassified as [section 40316 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14616
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Attorney General** — The term “Attorney General” means the Attorney General of the United States.
(2) **Compact** — The term “Compact” means the National Crime Prevention and Privacy Compact set forth in [section 40316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim).
(3) **Council** — The term “Council” means the Compact Council established under Article VI of the Compact.
(4) **FBI** — The term “FBI” means the Federal Bureau of Investigation.
(5) **Party State** — The term “Party State” means a State that has ratified the Compact.
(6) **State** — The term “State” means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40312
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Federal law — U.S. Code and appendices · legal_authorities
The National Crime Prevention and Privacy Compact, as set forth in [section 40316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim), is enacted into law and entered into by the Federal Government. The consent of Congress is given to States to enter into the Compact.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal History Background Checks.—**
(1) **Access to information.—** — The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 ([34 U.S.C. 40316](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim)); and
(B) to receive relevant criminal history record information regarding the airman checked.
(2) **Release of information.—** — In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.
(3) **Limitation.—** — The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
(4) **Reimbursement.—** — The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
**(b) Designated Employees.—** The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40130
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Federal law — U.S. Code and appendices · legal_authorities
Page 595
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40316
1 See References in Text note below.
(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 Preven-
tion Act (Public Law 103–159; 107 Stat. 1536);
(D) the Violent Crime Control and Law En-
forcement 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 Assist-
ance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.); or
(2) any direct access to Federal criminal his-
tory 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 De-
partments 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
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40316
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