Bill Summary
The proposed legislation aims to protect the confidentiality of records maintained by the Secretary of Housing and Urban Development (HUD) by prohibiting their disclosure for immigration enforcement purposes. Specifically, it prevents HUD from sharing any individual records with immigration authorities or other entities without the prior written consent of the individual concerned, regardless of their immigration status. Additionally, the legislation prohibits public housing agencies from being compelled to disclose such records.
The Secretary of HUD is required to submit a report to Congress within 90 days of the legislation's enactment, detailing compliance measures, the security of records, past sharing practices, and strategies to ensure ongoing adherence to the law. Key terms defined in the legislation include "immigration enforcement," "public housing agency," "record," and "system of records," clarifying the scope and application of the provisions.
Possible Impacts
Here are three examples of how the legislation described could affect individuals:
1. **Increased Privacy for Tenants**: The legislation would enhance the privacy of individuals living in public housing by prohibiting the Secretary of Housing and Urban Development (HUD) from disclosing their records for immigration enforcement purposes. This could help individuals, especially immigrants or undocumented individuals, feel safer and more secure in their housing situations, knowing that their personal information will not be shared with immigration authorities without their consent.
2. **Protection from Fear of Deportation**: Immigrants living in public housing may experience reduced anxiety and fear regarding potential deportation or immigration enforcement actions. By limiting the circumstances under which their records can be disclosed, the legislation could encourage individuals to seek housing assistance or report maintenance issues without the fear that their immigration status will be investigated or reported.
3. **Impact on Public Housing Agencies**: Public housing agencies will be required to comply with the new confidentiality standards set forth by the legislation. They cannot be compelled to disclose records to immigration enforcement, which may necessitate changes in their policies and procedures. This could lead to increased training for staff on compliance with the law, as well as adjustments in how they handle tenant records. Additionally, this might affect the agencies' ability to work with other government entities, potentially creating challenges in resource allocation and inter-agency collaboration.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5340 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5340
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2025
Mr. Vargas (for himself, Mr. Liccardo, Mr. Menendez, Ms. Garcia of
Texas, Mrs. Ramirez, Mr. Krishnamoorthi, Mr. Thompson of Mississippi,
Ms. Tlaib, Mr. Takano, Ms. Barragan, Ms. Clarke of New York, Ms.
Jacobs, Ms. Simon, Ms. Schakowsky, Mr. Costa, Ms. McCollum, Mr. Lieu,
Ms. Ansari, Mr. Gomez, Mr. Goldman of New York, Mr. Johnson of Georgia,
Mr. Latimer, Ms. Velazquez, Ms. DelBene, Mr. Evans of Pennsylvania, Ms.
Rivas, Ms. Ocasio-Cortez, Ms. Norton, Mr. Larson of Connecticut, Ms.
Williams of Georgia, and Ms. Kamlager-Dove) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committee on Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONFIDENTIALITY OF DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT RECORDS.
(a) In General.--Notwithstanding section 552a(b)(7) of title 5,
United States Code, or any other law, the Secretary of Housing and
Urban Development (hereafter referred to as the ``Secretary'') may not,
for the purposes of immigration enforcement, disclose any record which
is contained in a system of records by any means of communication to
any person, or to another agency, except pursuant to a written request
made in a language of proficiency by, or with the prior consent of, the
individual to whom the record pertains, regardless of the immigration
status of such individual.
(b) Public Housing Agencies.--The Secretary may not compel a public
housing agency to disclose any record as described in subsection (a).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the Congress a report which
contains--
(1) a timeline for how the Secretary will comply with this
Act;
(2) a confirmation that the records described in this Act
have been secured;
(3) a description of how records described in subsection
(a) have been shared before the date of the enactment of this
Act; and
(4) a description of how the Secretary will ensure
compliance with this Act.
(d) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) Immigration enforcement.--The term ``immigration
enforcement'' means, with respect to an individual with an
alleged immigration violation, any law enforcement action
pursuant to title 8, United States Code.
(3) Public housing agency.--The term ``public housing
agency'' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Record.--The term ``record'' means any item,
collection, or grouping of information about an individual that
is maintained by the Secretary of Housing and Urban Development
or a public housing agency.
(5) System of records.--The term ``system of records''
means a group of any records under the control of the Secretary
of Housing and Urban Development or a public housing agency
from which information is retrieved by the name of an
individual or by some identifying number, symbol, or other
identifying particular assigned to an individual.
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