Page:United States Statutes at Large Volume 112 Part 3.djvu/808

 112 STAT. 2638 PUBLIC LAW 105-276—OCT. 21, 1998 applicant based upon that denial of admission has expired. "(C) EXPIRATION OF WRITTEN CONSENT.—In addition to the requirements of subparagraph (B), an applicant's signed written consent shall expire automatically after the public housing agency has made a final decision to either approve or deny the applicant's application for admittance to public housing. " (3) PROHIBITION OF DISCRIMINATORY TREATMENT OF APPLICANTS. — "(A) FORMS SIGNED.— ^A public housing agency may only require an applicant for admission to public housing to sign one or more forms of written consent under this subsection if the public housing agency requires all such applicants to sign the same form or forms of written consent. "(B) CIRCUMSTANCES OF INQUIRY. —A public housing agency may only make an inquiry to a drug abuse treatment facility under this subsection if— "(i) the public housing agency makes the same inquiry with respect to all applicants; or "(ii) the public housing agency only makes the same inquiry with respect to each and every applicant with respect to whom— "(I) the public housing agency receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction; or "(II) the public housing agency receives information from the records of prior tenancy of the applicant that demonstrates that the applicant— "(aa) engaged in the destruction of property; "(bb) engaged in violent activity against another person; or "(cc) interfered with the right of peaceful enjo3mient of the premises of another tenant. "(4) FEE PERMITTED. —A drug abuse treatment facility may charge a public housing agency a reasonable fee for information provided under this subsection. " (5) DISCLOSURE PERMITTED BY TREATMENT FACILITIES.— A drug abuse treatment facility shall not be liable for damages based on any information required to be disclosed pursuant to this subsection if such disclosure is consistent with section 543 of the Public Health Service Act (42 U.S.C. 290dd-2). "(6) OPTION TO NOT REQUEST INFORMATION. —A public housing agency shall not be liable for damages based on its decision not to require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the public housing agency to receive information from a drug abuse treatment facility under this subsection. "(7) DEFINITIONS. — For purposes of this subsection, the following definitions shall apply: "(A) DRUG ABUSE TREATMENT FACILITY.—The term 'drug abuse treatment facility* means an entity that— "(pis—

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