To prohibit the disclosure of records by the Secretary of Housing and Urban Development of individuals for the purposes of immigration enforcement, and for other purposes.
H.R. 5340 would shield records held by the Department of Housing and Urban Development (HUD) and by public housing agencies from disclosure for immigration enforcement. The core rule prohibits HUD from sharing any record in its systems with anyone or another agency for immigration enforcement unless the person to whom the record pertains (or someone with that person’s written consent) requests it in a language the person understands. The bill also blocks public housing agencies from being forced to disclose HUD records for immigration purposes. In addition, HUD would must report to Congress within 90 days with a plan to implement the act, confirmation that records are secured, a description of prior sharing, and steps to ensure ongoing compliance. Definitions clarify terms like “record,” “system of records,” and “immigration enforcement.” Overall, the bill broadens privacy protections for HUD records and limits cooperation with immigration enforcement.
Key Points
- 1Prohibition on disclosure for immigration enforcement: HUD may not disclose any record in its systems for immigration enforcement unless there is a written request from the individual (in the individual’s language) or the individual’s prior consent.
- 2Public housing agencies protected: The Secretary may not compel a public housing agency to disclose HUD records for immigration enforcement.
- 3Required Congress report and plan: Within 90 days of enactment, HUD must submit a report detailing a compliance timeline, confirmation that records are secured, how records were shared before enactment, and how compliance will be ensured.
- 4Defined terms: The bill provides specific definitions for agency, immigration enforcement, public housing agency, record, and system of records to apply the rules consistently.
- 5Strong privacy baseline with limited exceptions: The text codifies a default confidentiality standard for HUD records related to immigration enforcement, allowing disclosures only via a written request by the individual or with the individual’s consent, and notwithstanding other laws.