
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
