§ 4138. Availability of records

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 title II § 208 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4138

   Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035

   Source evidence

   Code source credit
   Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035

   Enacted provision · exact public law section
   SEC. 208. AVAILABILITY OF RECORDS. (a) Provision of Information.— Notwithstanding any other provision of law, except as provided in paragraph (2), 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 Act for purposes of applicant screening, lease enforcement, and eviction. (b) Exception.— A law enforcement agency described in paragraph (1) 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 Act, 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 Regulations. Procedures. 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.

2. 1998

   Pub. L. 105–276 § 595(e)(10)(A) · 112 Stat. 2461

   Substituted · 25 U.S.C. § 4138(a)

   Pub. L. 105–276, § 595(e)(10)(A), substituted “subsection (b)” for “paragraph (2)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–276, § 595(e)(10)(A), substituted “subsection (b)” for “paragraph (2)”.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “paragraph (2)” and inserting “subsection (b)”; and

3. 1998

   Pub. L. 105–276 § 595(e)(10)(B) · 112 Stat. 2461

   Substituted · 25 U.S.C. § 4138(b)

   Pub. L. 105–276, § 595(e)(10)(B), substituted “subsection (a)” for “paragraph (1)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–276, § 595(e)(10)(B), substituted “subsection (a)” for “paragraph (1)”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking “paragraph (1)” and inserting “subsection (a)”.

4. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 title II § 205 · 122 Stat. 4319

   Inserted · 25 U.S.C. § 4138(a)

   Pub. L. 110–411 inserted “applicants for employment, and of” after “records of”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–411 inserted “applicants for employment, and of” after “records of”.

   Enacted provision · exact public law section
   SEC. 205. AVAILABILITY OF RECORDS.   Section 208(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is amended by inserting “applicants for employment, and of” after “records of”.

4 of 4 references resolved to an enrolled provision