§4138 — Title 25 Indians | U.S. Code

Summary

Police, the National Crime Information Center, police, and other law enforcement must give Indian tribes or tribally designated housing groups criminal-conviction records if asked. This is for job applicants and for adults applying for or living in housing paid for with grants under this law. Juvenile records are released only if state, tribal, or local law allows it. Tribes may use the records only to screen applicants, enforce leases, or start evictions. They must keep the records private and share them only with staff, authorized representatives, or housing owners who need them for their jobs. Records may be shown in court eviction cases if needed. The Secretary must make rules to protect use and privacy.

Title 25, §4138

Indians — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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.

Amendments

2008—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 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.

§4138 Availability of records