[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 769 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 769
To authorize funds to prevent housing discrimination through the use of
nationwide testing, to increase funds for the Fair Housing Initiatives
Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2021
Ms. Cortez Masto (for herself, Mrs. Gillibrand, Mr. Sanders, Mr.
Durbin, Mr. Wyden, Mr. Merkley, Mr. Blumenthal, Mr. Van Hollen, Mr.
Menendez, Mr. Kaine, and Mrs. Feinstein) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To authorize funds to prevent housing discrimination through the use of
nationwide testing, to increase funds for the Fair Housing Initiatives
Program, 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. SHORT TITLE.
This Act may be cited as the ``Housing Fairness Act of 2021''.
SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 3. TESTING FOR DISCRIMINATION.
(a) Eligible Activity Under FHIP.--
(1) In general.--Section 561(a) of the Housing and
Community Development Act of 1987 (42 U.S.C. 3616a(a)) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(B) in the matter preceding subparagraph (A), as so
redesignated--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) Grants, contracts, and cooperative agreements.--The
Secretary''; and
(ii) by inserting after ``discriminatory
housing practices'' the following: ``or, in the
case of grants, contracts, or cooperative
agreements for activities under subparagraph
(C), with qualified private, nonprofit fair
housing enforcement organizations that have
demonstrated expertise in managing and
implementing regional or national testing
programs to address systemic fair housing
issues'';
(C) in subparagraph (A), as so redesignated, by
striking ``and'' at the end;
(D) in subparagraph (B), as so redesignated, by
striking ``paragraph (1).'' and inserting
``subparagraph (A); and''; and
(E) by adding at the end the following:
``(C) programs of regional or national testing and
investigations to--
``(i)(I) detect and document differences in
the treatment of persons seeking to rent or
purchase housing or obtain or refinance a home
mortgage loan; and
``(II) measure patterns of differential
treatment because of the status of a renter,
home buyer, or borrower as a member of a
protected class under the Fair Housing Act (42
U.S.C. 3601 et seq.); and
``(ii) measure the prevalence, nature, and
extent of discriminatory practices covered
under the Fair Housing Act (42 U.S.C. 3601 et
seq.).
``(2) Enforcement actions.--
``(A) In general.--The results of any testing and
investigations under paragraph (1)(C) may be used as
the basis for the Secretary, any Federal agency
authorized to bring such an enforcement action, or any
State or local government or agency, public or private
nonprofit organization or institution, or other
aggrieved party within the meaning of the Fair Housing
Act (42 U.S.C. 3601 et seq.) or other substantially
equivalent State or local fair housing law, or other
public or private entity with which the Secretary has
entered into a contract or cooperative agreement under
this section to commence, undertake, or pursue any
investigation or enforcement action to remedy any
discriminatory housing practice (as defined in section
802 of the Fair Housing Act (42 U.S.C. 3602)) uncovered
as a result of the testing and investigations.
``(B) Testing.--Testing conducted under paragraph
(1)(C) shall not constitute a violation of any
provision of criminal law or the Truth in Lending Act
(15 U.S.C. 1601 et seq.).''.
(2) Technical and conforming amendment.--Section 561(f)(2)
of the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(a)(2)) is amended by striking ``subsection (a)(1)'' and
inserting ``subsection (a)(1)(A)''.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue regulations
that apply the minimum tester training standards required under
section 125.107 of title 24, Code of Federal Regulations (or
any successor regulation), to organizations conducting testing
under paragraph (1)(C) of section 561(a) of the Housing and
Community Development Act of 1987 (42 U.S.C. 3616a(a)), as
added by subsection (a)(1)(E) of this section.
(2) Applicability to all testing activities.--On and after
the date on which the regulations issued under paragraph (1)
take effect, the minimum tester training standards described in
that paragraph shall apply to any testing activities conducted
under section 561 of the Housing and Community Development Act
of 1987 (42 U.S.C. 3616a), as amended by subsection (a)(1) of
this section.
SEC. 4. FAIR HOUSING INITIATIVES PROGRAM.
(a) Amendments to Program.--Section 561 of the Housing and
Community Development Act of 1987 (42 U.S.C. 3616a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``private
nonprofit'' and inserting ``qualified''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``private nonprofit'' and
inserting ``qualified'';
(2) in subsection (c), by adding at the end the following:
``(3) Program-earned income.--No restriction on the use of
program-earned income received by a qualified fair housing
enforcement organization shall apply after the grant period for
the organization ends.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by inserting after subparagraph (D)
the following:
``(E) websites and other media outlets.'';
(B) in paragraph (2), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities'';
(C) in paragraph (3), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''; and
(D) by adding at the end the following:
``(4) Limitation.--Notwithstanding any other provision of
this section, a State or local agency certified by the
Secretary under section 810(f) of the Fair Housing Act (42
U.S.C. 3610(f)) may receive assistance under this subsection
only to carry out activities eligible for assistance under this
subsection in areas in which no qualified fair housing
enforcement organization is available to carry out those
activities.
``(5) Eligibility.--Notwithstanding any other provision of
this section, if an award of funding under subsection (b) for
multiple fiscal years has been made to a qualified fair housing
enforcement organization, the organization shall be, subject
only to the availability of amounts provided in appropriation
Acts, eligible to receive funding under this subsection for
each fiscal year covered by the award under subsection (b).'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``Congressional
notification.--'' after ``(1)''; and
(ii) by striking ``Banking, Finance and
Urban Affairs'' and inserting ``Financial
Services''; and
(B) by adding at the end the following:
``(2) Priority.--In providing assistance under this section
with respect to a metropolitan statistical area for which there
are multiple applications for assistance, the Secretary shall
give priority to applications submitted by qualified fair
housing enforcement organizations that have experience in
conducting fair housing enforcement activities.'';
(5) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $58,000,000 for each of fiscal years 2022
through 2026, of which--
``(i) $55,000,000 shall be available for
any activities under this section other than
programs under subsection (a)(1)(C), of which--
``(I) not less than $38,000,000
shall be for private enforcement
initiatives authorized under subsection
(b);
``(II) not less than $1,500,000
shall be for the fair housing
organizations initiative under
subsection (c);
``(III) not less than $10,000,000
shall be for the education and outreach
initiative under subsection (d), of
which--
``(aa) not less than
$8,000,000 shall be for local
education and outreach
activities; and
``(bb) not less than
$2,000,000 shall be for
national media activities; and
``(IV) any remaining amounts shall
be used for any program activities
authorized under this section; and
``(ii) $3,000,000 shall be available only
for programs under subsection (a)(1)(C); and
``(B) $70,000,000 for each of fiscal years 2027
through 2032, of which--
``(i) $65,000,000 shall be available for
any activities under this section other than
programs under subsection (a)(1)(C), of which--
``(I) not less than $44,000,000
shall be for private enforcement
initiatives authorized under subsection
(b);
``(II) not less than $1,500,000
shall be for the fair housing
organizations initiative under
subsection (c);
``(III) not less than $12,500,000
shall be for the education and outreach
initiative under subsection (d), of
which--
``(aa) not less than
$10,000,000 shall be for local
education and outreach
activities; and
``(bb) not less than
$2,500,000 shall be for
national media activities; and
``(IV) any remaining amounts shall
be used for any program activities
authorized under this section; and
``(ii) $5,000,000 shall be available only
for programs under subsection (a)(1)(C).
``(2) Availability.--Any amount appropriated under this
section shall remain available until expended to carry out the
provisions of this section.
``(3) Award of funding.--
``(A) Notice.--Not later than 90 days after the
date of enactment of any Act making amounts available
to carry out this section, the Secretary shall issue a
Notice of Funding Availability with respect to the
amounts.
``(B) Award.--Not later than 180 days after the
date of enactment of any Act making amounts available
to carry out this section, the Secretary shall award
the amounts.'';
(6) in subsection (h)(1), in the matter following
subparagraph (C), by inserting ``and meets the criteria
described in subparagraphs (A) and (C)'' before the period at
the end; and
(7) in subsection (j)--
(A) in the matter preceding paragraph (1), by
inserting ``regarding that fiscal year,'' after
``comprehensive report'';
(B) in paragraph (2), by striking ``and the use of
such funds during the preceding fiscal year'' and
inserting ``, the use of such funds, and outcomes such
as the number of housing units made available and
accessible to protected classes under the Fair Housing
Act (42 U.S.C. 3601 et seq.)'';
(C) in paragraph (3), by striking ``during the
preceding fiscal year''; and
(D) in paragraph (4), by striking ``during the
preceding fiscal year''.
(b) Study.--
(1) In general.--The Secretary shall conduct a study to
determine--
(A) the feasibility, efficiency, and effectiveness
of converting the Fair Housing Initiatives Program
under section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), as amended
by this Act, into a noncompetitive entitlement program
to provide general operating funding to qualified fair
housing enforcement organizations, as defined in
subsection (h) of that section;
(B) the appropriate levels of funding for such a
program, taking into consideration the number of such
qualified fair housing enforcement organizations; and
(C) the factors that should be considered in
providing for an equitable distribution to qualified
fair housing enforcement organizations.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
Congress setting forth the results of the study conducted under
paragraph (1), which shall include any recommendations
regarding such conversion of the program.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary should--
(1) fully comply with the requirements of section 561(d) of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(d)), as amended by this Act, to establish, design, and
maintain a national education and outreach program to provide a
centralized, coordinated effort for the development and
dissemination of--
(A) materials and information about the fair
housing rights of individuals who seek to rent,
purchase, sell, or facilitate the sale of a home; and
(B) materials and information about the fair
housing responsibilities of industry professionals
providing products and services covered under the Fair
Housing Act (42 U.S.C. 3601 et seq.);
(2) expend for the education and outreach programs
described in paragraph (1) all amounts appropriated for those
programs;
(3) fully reinstate the regulations promulgated on July 16,
2015 (80 Fed. Reg. 42271), regarding the fair housing
obligations of each recipient of Federal housing and community
development funds to affirmatively further fair housing, as
that term is used in the Fair Housing Act (42 U.S.C. 3601 et
seq.); and
(4) fully comply with the requirements of section 810(a) of
the Fair Housing Act (42 U.S.C. 3610(a)).
SEC. 6. GRANTS TO PUBLIC AND PRIVATE ENTITIES TO STUDY HOUSING
DISCRIMINATION.
(a) Grant Program.--The Secretary shall carry out a competitive
matching grant program to assist public and private nonprofit
organizations in--
(1) conducting comprehensive studies that examine--
(A) the causes of housing discrimination and
segregation;
(B) the effects of housing discrimination and
segregation on education, poverty, economic
development, health, and other socioeconomic factors;
or
(C) the incidences, causes, and effects of housing
discrimination based on veteran and military status;
and
(2) implementing pilot projects that test solutions that
will help prevent or alleviate housing discrimination and
segregation.
(b) Eligibility.--To be eligible to receive a grant under this
section, a public or private nonprofit organization shall--
(1) submit an application to the Secretary that contains--
(A) the issues the applicant will address and a
justification for the need to address those issues;
(B) the applicant's experience in formulating or
carrying out programs or activities described in this
section;
(C) the geographical area and period of time to be
studied; and
(D) a certification that the applicant has
consulted with a qualified fair housing enforcement
organization in the design of its proposed area of
study; and
(2) agree to provide matching non-Federal funds for 10
percent of the total amount of the grant, which matching funds
may include monetary donations and items donated on an in-kind
contribution basis.
(c) Partnerships With Academic Institutions.--A public or private
nonprofit organization applying for a grant under this section may
partner with an academic or educational organization or institution for
the purpose of carrying out activities assisted with the grant amounts.
(d) Report.--
(1) In general.--The Secretary shall submit a report to
Congress on a biennial basis that provides a detailed summary
of the results of the comprehensive studies and pilot projects
carried out under subsection (a), together with any
recommendations or proposals for legislative or administrative
actions to address any issues raised by the studies and pilot
projects.
(2) Concurrent submission.--The Secretary may submit the
reports required under paragraph (1) as part of the reports
prepared in accordance with paragraphs (2) and (6) of section
808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section
561(j) of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(j)).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2021 through 2025.
SEC. 7. LIMITATION ON USE OF FUNDS.
(a) Definition.--In this section, the term ``lobbying'' means an
activity the costs of which are unallowable under paragraph 25 of
attachment B to Circular A-122 of the Office of Management and Budget,
entitled ``Cost Principles for Non-Profit Organizations''.
(b) Prohibition.--None of the funds made available under this Act,
or the amendments made by this Act, may be used for any political
activities, political advocacy, or lobbying, or for expenses for travel
to engage in political activities or preparation of or provision of
advice on tax returns.
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