Page:United States Statutes at Large Volume 110 Part 6.djvu/213

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PUBLIC LAW 104-330—OCT. 26, 1996 110 STAT. 4035 (C) is criminal activity (including drug-related criminal activity) on or off the premises. (b) TENANT SELECTION.— The owner or manager of affordable rental housing assisted with grant amounts provided under this Act shall adopt and utilize written tenant selection policies and criteria that— (1) are consistent with the purpose of providing housing for low-income families; (2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and (3) provide for— (A) the selection of tenants from a written waiting list in accordance with the policies and goals set forth in the Indian housing plan for the tribe that is the grant beneficiary of such grant amounts; and (B) the prompt notification in writing of any rejected applicant of the grounds for any rejection. SEC. 208. AVAILABILITY OF RECORDS. 25 USC 4138. (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 applicsint 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 locsJity. (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, shall, by regulation, establish procedures necessary to ensure that Procedures, information provided under this section to any tribe or entity is used, and confidentiality is maintained, as required under this section. SEC. 209. REPAYMENT. 25 USC 4139. If a recipient uses grant amounts to provide affordable housing under activities under this title and, at any time during the useful life of the housing the housing does not comply with the requirement under section 205(2), the Secretary shall reduce fiiture grant pay- ments on behalf of the grant beneficiary by an amount equal to the grant amounts used for such housing (under the authority under section 401(a)(2)) or require repayment to the Secretary of an amount equal to such grant amounts.