2018 US Code
Title 25 - Indians
Chapter 43 - Native American Housing Assistance and Self-Determination
Subchapter II - Affordable Housing Activities
Part A - General Block Grant Program
Sec. 4138 - Availability of records
25 U.S.C. § 4138 (2018) |
§4138. Availability of records |
(a) Provision of information
Notwithstanding any other provision of law, except as provided in subsection (b), 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 applicants for employment, and 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) ExceptionA law enforcement agency described in subsection (a) 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) ConfidentialityAn 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, §208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, §595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, §205, Oct. 14, 2008, 122 Stat. 4326.) |
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. AMENDMENTS2008—Subsec. (a). Pub. L. 110–411 inserted "applicants for employment, and of" after "records of". 1998—Subsec. (a). Pub. L. 105–276, §595(e)(10)(A), substituted "subsection (b)" for "paragraph (2)". Subsec. (b). Pub. L. 105–276, §595(e)(10)(B), substituted "subsection (a)" for "paragraph (1)". EFFECTIVE DATESection 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. |
United States Code, 2018 Edition, Title 25 - INDIANS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 25 - INDIANS CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES Part A - General Block Grant Program Sec. 4138 - Availability of records |
section 4138 |
2018 |
January 14, 2019 |
No |
standard |
110 Stat. 4035, 4016 112 Stat. 2658 122 Stat. 4326 |
Public Law 104-330, Public Law 105-276, Public Law 110-411 |