§ 4138. Availability of records
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/usc/title-25/section-4138A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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)Exception 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.
(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, § 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.)
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Cited by 3 sections
statutes-at-large
- Public Law 104–330To provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes
- Public Law 110–411To reauthorize the programs for housing assistance for Native Americans
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
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U.S. Code
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- Pub. L. 104–330, title II, § 208
- 110 Stat. 4035
- Pub. L. 105–276, title V, § 595(e)(10)
- 112 Stat. 2658
- Pub. L. 110–411, title II, § 205
- 122 Stat. 4326
- Pub. L. 104–330
- 110 Stat. 4016
- Pub. L. 110–411
- Pub. L. 105–276, § 595(e)(10)(A)
- Pub. L. 105–276, § 595(e)(10)(B)
- section 107 of Pub. L. 104–330
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§ 4138
Availability of records
Stat.×3
Pub. L.Pub. L. 104–330, title II, § 208
Stat.110 Stat. 4035
Pub. L.Pub. L. 105–276, title V, § 595(e)(10)
Stat.112 Stat. 2658
Pub. L.Pub. L. 110–411, title II, § 205
Cites 13 · showing 6Cited by 3 across 1 source