42 U.S.C. § 13664 — Definitions

Page 8613 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13664 1 So in original. No subsec. (b) has been enacted. use of a controlled substance or abuse of alco- hol (as applicable); or (3) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable). (Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.) Editorial Notes CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. § 13663. Ineligibility of dangerous sex offenders for admission to public housing (a) In general Notwithstanding any other provision of law, an owner of federally assisted housing shall pro- hibit admission to such housing for any house- hold that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program. (b) Obtaining information As provided in regulations issued by the Sec- retary to carry out this section— (1) a public housing agency shall carry out criminal history background checks on appli- cants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an appli- cant for federally assisted housing is subject to a lifetime registration requirement under a State sex offender registration program; and (2) State and local agencies responsible for the collection or maintenance of criminal his- tory record information or information on per- sons required to register as sex offenders shall comply with requests of public housing agen- cies for information pursuant to this section. (c) Requests by owners for PHAs to obtain infor- mation A public housing agency may take any action under subsection (b) regarding applicants for, or tenants of, federally assisted housing other than federally assisted housing described in subpara- graph (A) or (B) of section 13664(a)(2) of this title, but only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency take such action on behalf of the owner. Upon such a request by the owner, the agency shall take the action requested under subsection (b). The agen- cy may not make any information obtained pur- suant to the action under subsection (b) avail- able to the owner but shall perform determina- tions for the owner regarding screening, lease enforcement, and eviction based on criteria sup- plied by the owner. (d) Opportunity to dispute Before an adverse action is taken with respect to an applicant for federally assisted housing on the basis that an individual is subject to a life- time registration requirement under a State sex offender registration program, the public hous- ing agency obtaining the record shall provide the tenant or applicant with a copy of the reg- istration information and an opportunity to dis- pute the accuracy and relevance of that infor- mation. (e) Fee A public housing agency may be charged a rea- sonable fee for taking actions under subsection (b). In the case of a public housing agency tak- ing actions on behalf of another owner of feder- ally assisted housing pursuant to subsection (c), the agency may pass such fee on to the owner making the request and may charge an addi- tional reasonable fee for making the request on behalf of the owner. (f) Records management Each public housing agency shall establish and implement a system of records management that ensures that any criminal record or infor- mation regarding a lifetime registration re- quirement under a State sex offender registra- tion program that is obtained under this section by the public housing agency is— (1) maintained confidentially; (2) not misused or improperly disseminated; and (3) destroyed, once the purpose for which the record was requested has been accomplished. (Pub. L. 105–276, title V, § 578, Oct. 21, 1998, 112 Stat. 2641.) Editorial Notes CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. § 13664. Definitions (a) 1 Definitions For purposes of this subchapter, the following definitions shall apply: (1) Drug-related criminal activity The term ‘‘drug-related criminal activity’’ has the meaning given the term in section 1437a(b) of this title. Page 8614 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13664 (2) Federally assisted housing The term ‘‘federally assisted housing’’ means a dwelling unit— (A) in public housing (as such term is de- fined in section 1437a(b) of this title); (B) assisted with tenant-based assistance under section 1437f of this title; (C) in housing that is provided project- based assistance under section 1437f of this title, including new construction and sub- stantial rehabilitation projects; (D) in housing that is assisted under sec- tion 1701q of title 12 (as amended by section 801 of the Cranston-Gonzalez National Af- fordable Housing Act); (E) in housing that is assisted under sec- tion 1701q of title 12, as such section existed before the enactment of the Cranston-Gon- zalez National Affordable Housing Act [No- vember 28, 1990]; (F) in housing that is assisted under sec- tion 8013 of this title; (G) in housing financed by a loan or mort- gage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12; (H) in housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z–1 of title 12; or (I) in housing assisted under section 1484 or 1485 of this title. (3) Owner The term ‘‘owner’’ means, with respect to federally assisted housing, the entity or pri- vate person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in such hous- ing. (Pub. L. 105–276, title V, § 579, Oct. 21, 1998, 112 Stat. 2642.) Editorial Notes REFERENCES IN TEXT Section 801 of the Cranston-Gonzalez National Afford- able Housing Act, referred to in subsec. (a)(2)(D), is sec- tion 801 of Pub. L. 101–625. CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. CHAPTER 136—VIOLENT CRIME CONTROL AND LAW ENFORCEMENT SUBCHAPTER I—PRISONS PART A—VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING INCENTIVE GRANTS Sec. 13701 to 13713. Transferred. Sec. PART B—MISCELLANEOUS PROVISIONS 13721 to 13727a. Transferred or Omitted. SUBCHAPTER II—CRIME PREVENTION PART A—OUNCE OF PREVENTION COUNCIL 13741 to 13744. Transferred or Omitted. PART B—LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM 13751 to 13758. Repealed. PART C—MODEL INTENSIVE GRANT PROGRAMS 13771 to 13777. Transferred or Omitted. PART D—FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM 13791 to 13793. Repealed, Transferred, or Omitted. PART E—ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH 13801, 13802. Repealed. PART F—POLICE RECRUITMENT 13811, 13812. Transferred or Omitted. PART G—NATIONAL COMMUNITY ECONOMIC PARTNERSHIP SUBPART 1—COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS 13821 to 13826. Transferred. SUBPART 2—EMERGING COMMUNITY DEVELOPMENT CORPORATIONS 13841, 13842. Transferred. SUBPART 3—MISCELLANEOUS PROVISIONS 13851 to 13853. Transferred or Omitted. PART H—COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS 13861 to 13868. Transferred or Omitted. PART I—FAMILY UNITY DEMONSTRATION PROJECT 13881 to 13883. Transferred or Omitted. SUBPART 1—GRANTS TO STATES 13891 to 13893. Transferred. SUBPART 2—FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS 13901, 13902. Transferred. PART J—PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS 13911. Transferred. PART K—GANG RESISTANCE EDUCATION AND TRAINING 13921. Transferred. SUBCHAPTER III—VIOLENCE AGAINST WOMEN 13925. Transferred. PART A—SAFE STREETS FOR WOMEN SUBPART 1—SAFETY FOR WOMEN IN PUBLIC TRANSIT 13931. Transferred. SUBPART 2—ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT 13941 to 13943. Transferred. PART B—SAFE HOMES FOR WOMEN SUBPART 1—CONFIDENTIALITY FOR ABUSED PERSONS 13951. Transferred.