Obtaining information from drug abuse treatment facilities

(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 [ 42 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 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.

(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 enjoyment of the premises of another tenant.

A drug abuse treatment facility may charge a public housing agency a reasonable fee for information provided under this subsection.

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 ).

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.

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— (i) is— (I) an identified unit within a general medical care facility; or (II) an entity other than a general medical care facility; and (ii) holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal use of a controlled substance.

(B) Controlled substance The term “controlled substance” has the meaning given the term in section 802 of title 21 .

(C) Currently engaging in the illegal use of a controlled substance The term “currently engaging in the illegal use of a controlled substance” means the illegal use of a controlled substance that occurred recently enough to justify a reasonable belief that an applicant’s illegal use of a controlled substance is current or that continuing illegal use of a controlled substance by the applicant is a real and ongoing problem.

This subsection shall take effect on October 21, 1998 , and without the necessity of guidance from, or any regulation issued by, the Secretary.