§ 4138. — Availability of records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4138]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER II--AFFORDABLE HOUSING ACTIVITIES
Sec. 4138. Availability of records
(a) Provision of information
Notwithstanding any other provision of law, except as provided in
subsection (b) of this section, the National Crime Information Center,
police departments, and other law enforcement agencies shall, upon
request, provide information to Indian tribes or tribally designated
housing entities regarding the criminal conviction records of adult
applicants for, or tenants of, housing assisted with grant amounts
provided to such tribe or entity under this chapter for purposes of
applicant screening, lease enforcement, and eviction.
(b) Exception
A law enforcement agency described in subsection (a) of this section
shall provide information under this paragraph relating to any criminal
conviction of a juvenile only to the extent that the release of such
information is authorized under the law of the applicable State, tribe,
or locality.
(c) Confidentiality
An Indian tribe or tribally designated housing entity receiving
information under this section may use such information only for the
purposes provided in this section and such information may not be
disclosed to any person who is not an officer, employee, or authorized
representative of the tribe or entity or the owner of housing assisted
under this chapter, and who has a job-related need to have access to the
information for the purposes under this section. For judicial eviction
proceedings, disclosures may be made to the extent necessary. The
Secretary shall, by regulation, establish procedures necessary to ensure
that information provided under this section to any tribe or entity is
used, and confidentiality is maintained, as required under this section.
(Pub. L. 104-330, title II, Sec. 208, Oct. 26, 1996, 110 Stat. 4035;
Pub. L. 105-276, title V, Sec. 595(e)(10), Oct. 21, 1998, 112 Stat.
2658.)
Amendments
1998--Subsec. (a). Pub. L. 105-276, Sec. 595(e)(10)(A), substituted
``subsection (b) of this section'' for ``paragraph (2)''.
Subsec. (b). Pub. L. 105-276, Sec. 595(e)(10)(B), substituted
``subsection (a) of this section'' for ``paragraph (1)''.
Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as a note under
section 4101 of this title.
