Page:United States Statutes at Large Volume 112 Part 3.djvu/807

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PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2637 in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney's fees and other litigation costs.". (d) AUTHORITY TO REQUIRE ACCESS TO CRIMINAL RECORDS. — Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: " (t) AUTHORITY TO REQUIRE ACCESS TO CRIMINAL RECORDS. — A public housing agency may require, as a condition of providing admission to the public housing program or assisted housing program under the jurisdiction of the public housing agency, that each adult member of the household provide a signed, written authorization for the public housing agency to obtain records described in subsection (q)( 1) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.". (e) OBTAINING INFORMATION FROM DRUG ABUSE TREATMENT FACILITIES.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: " (u) OBTAINING INFORMATION FROM DRUG ABUSE TREATMENT FACILITIES.— "(1) AUTHORITY.— Notwithstanding any other provision of law other than the Public Health Service Act (42 U.S.C. 201 et seq.), a public housing agency may require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the agency to receive information from a drug abuse treatment facility that is solely related to whether the applicant is currently engaging in the illegal use of a controlled substance. " (2) CONFIDENTIALITY OF APPLICANT'S RECORDS. — " (A) LIMITATION ON INFORMATION REQUESTED.—In a form of written consent, a public housing agency may request only whether the drug abuse treatment facility has reasonable cause to believe that the applicant is currently engaging in the illegal use of a controlled substance. "(B) RECORDS MANAGEMENT.—Each public housing agency that receives information under this subsection from a drug abuse treatment facility shall establish and implement a system of records management that ensures that any information received by the public housing agency under this subsection— "(i) is maintained confidentially in accordance with section 543 of the Public Health Service Act (12 U.S.C. 290dd-2); "(ii) is not misused or improperly disseminated; and "(iii) is destroyed, as applicable— "(I) not later than 5 business days after the date on which the public housing agency gives final approval for an application for admission; or "(II) if the public housing agency denies the application for admission, in a timely manner after the date on which the statute of limitations for the commencement of a civil action from the