25 U.S.C. § 4138
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.
A 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.
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.
25 U.S.C. § 4138
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning Pub. L. 104-330, 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)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104-330set out as a note under section 4101 of this title.
- Indian
- The term "Indian" means any person who is a member of an Indian tribe.
- State
- The term "State" means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes.
- tribally designated housing entity
- The terms "tribally designated housing entity" and "housing entity" have the following meaning:(A) Existing IHA'sWith respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority-(i) was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,(ii) is acting on October 26, 1996, as the Indian housing authority for the tribe, and(iii) is not an Indian tribe for purposes of this chapter,the terms mean such Indian housing authority.(B) Other entitiesWith respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established-(i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or(ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,the terms mean such entity.(C) EstablishmentA tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.1 See References in Text note below.