,,ii #aafth ,,congress #b;d ,session ,s4 #difi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjbj,ms4 ,cortez ,masto 7for herself1 ,mr4 ,wyden1 ,mr4 ,durbin1 ,mr4 ,sanders1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,mrs4 ,feinstein1 ,mr4 ,van ,hollen1 ,mr4 ,merkley1 and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to authorize funds to prevent housing discrimination through the use of nationwide testing1 to increase funds for the ,fair ,housing ,initiatives ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,housing ,fairness ,act of #bjbj4 #b4 ,definition ,in this ,act1 the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #c4 ,testing for discrimination 7a7 ,eligible activity under ,,fhip 7#a7 ,in general ,section #efa7;a7 of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7a77 is amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly2 7,b7 in the matter preceding subparagraph 7,a71 as so redesignated-- 7i7 by striking ,the ,secretary and inserting the following3 7#a7 ,grants1 contracts1 and cooperative agreements ,the ,secretary 2 and 7ii7 by inserting after discriminatory housing practices the following3 or1 in the case of grants1 contracts1 or cooperative agreements for activities under subparagraph 7,c71 with qualified private1 non-profit fair housing enforcement organizations that have demonstrated expertise in managing and implementing regional or national testing programs to address systemic fair housing issues2 7,c7 in subparagraph 7,a71 as so redesignated1 by striking and at the end2 7,d7 in subparagraph 7,b71 as so redesignated1 by striking paragraph 7#a74 and inserting subparagraph 7,a72 and2 and 7,e7 by adding at the end the following3 7,c7 programs of regional or national testing and investigations to-- 7i7 7,i7 detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan2 and 7,,ii7 measure patterns of differential treatment because of the status of a renter1 home buyer1 or borrower as a member of a protected class under the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 and 7ii7 measure the prevalence1 nature1 and extent of discriminatory practices covered under the ,fair ,housing ,act4 7#b7 ,enforcement actions 7,a7 ,in general ,the results of any testing and investigations under paragraph 7#a77;,c7 may be used as the basis for the ,secretary1 any ,federal agency authorized to bring such an enforcement action1 or any ,state or local government or agency1 public or private nonprofit organization or institution1 or other aggrieved party within the meaning of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq47 or other substantially equivalent ,state or local fair housing law1 or other public or private entity with which the ,secretary has entered into a contract or cooperative agreement under this section to commence1 undertake1 or pursue any investigation or enforcement action to remedy any discriminatory housing practice 7as that term is defined in section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb77 uncovered as a result of the testing and investigations4 7,b7 ,testing ,testing conducted under paragraph 7#a77;,c7 shall not constitute a violation of any provision of criminal law or the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afja et seq474 4 7#b7 ,technical and conforming amendment ,section #efa7;a77#b7 of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7a77#b77 is amended by striking subsection 7a77#a7 and inserting subsection 7a77#a77;,a74 7b7 ,regulations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue regulations that apply the minimum tester training standards required under section #abe4ajg of title #bd1 ,code of ,federal ,regulations 7or any successor regulation71 to organizations conducting testing under paragraph 7#a77;,c7 of section #efa7;a7 of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7a771 as added by subsection 7a77#a77;,e7 of this section4 7#b7 ,applicability to all testing activities ,on and after the date on which the regulations issued under paragraph 7#a7 take effect1 the minimum tester training standards described in that paragraph shall apply to any testing activities conducted under section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a71 as amended by subsection 7a77#a7 of this section4 #d4 ,fair ,housing ,initiatives ,program 7a7 ,amendments to program ,section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking private nonprofit and inserting qualified2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking private nonprofit and inserting qualified2 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,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 ends4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7iii7 by inserting after subparagraph 7,d7 the following3 7,e7 websites and other media outlets4 2 7,b7 in paragraph 7#b71 by striking or other public or private entities and inserting or other public or private nonprofit entities2 7,c7 in paragraph 7#c71 by striking or other public or private entities and inserting or other public or private nonprofit entities2 and 7,d7 by adding at the end the following3 7#d7 ,limitation ,notwithstanding any other provision of this section1 a ,state or local agency certified by the ,secretary under section #haj7;f7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfaj7;f77 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 activities4 7#e7 ,eligibility ,notwithstanding any other provision of this section1 if an award of funding under subsection 7b7 for multiple fiscal years has been made to a qualified fair housing enforcement organization1 the organization shall be1 subject only to the availability of amounts provided in appropriation ,acts1 eligible to receive funding under this subsection for each fiscal year covered by the award under subsection 7b74 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting ,congressional notification4-- after 7#a72 and 7ii7 by striking ,banking1 ,finance and ,urban ,affairs and inserting ,financial ,services2 and 7,b7 by adding at the end the following3 7#b7 ,priority ,in providing assistance under this section with respect to a metropolitan statistical area for which there are multiple applications for assistance1 the ,secretary shall give priority to applications submitted by qualified fair housing enforcement organizations that have experience in conducting fair housing enforcement activities4 2 7#e7 by striking subsection 7g7 and inserting the following3 7g7 ,authorization of ,appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section-- 7,a7 #eh1jjj1jjj for each of fiscal years #bjba through #bjbe1 of which-- 7i7 #ee1jjj1jjj shall be available for any activities under this section other than programs under subsection 7a77#a77;,c71 of which-- 7,i7 not less than #ch1jjj1jjj shall be for private enforcement initiatives authorized under subsection 7b72 7,,ii7 not less than #a1ejj1jjj shall be for the fair housing organizations initiative under subsection 7c72 7,,iii7 not less than #aj1jjj1jjj shall be for the education and outreach initiative under subsection 7d71 of which-- 7aa7 not less than #h1jjj1jjj shall be for local education and outreach activities2 and 7bb7 not less than #b1jjj1jjj shall be for national media activities2 and 7,,iv7 any remaining amounts shall be used for any program activities authorized under this section2 and 7ii7 #c1jjj1jjj shall be available only for programs under subsection 7a77#a77;,c72 and 7,b7 #gj1jjj1jjj for each of fiscal years #bjbf through #bjca1 of which-- 7i7 #fe1jjj1jjj shall be available for any activities under this section other than programs under subsection 7a77#a77;,c71 of which-- 7,i7 not less than #dd1jjj1jjj shall be for private enforcement initiatives authorized under subsection 7b72 7,,ii7 not less than #a1ejj1jjj shall be for the fair housing organizations initiative under subsection 7c72 7,,iii7 not less than #ab1ejj1jjj shall be for the education and outreach initiative under subsection 7d71 of which-- 7aa7 not less than #aj1jjj1jjj shall be for local education and outreach activities2 and 7bb7 not less than #b1ejj1jjj shall be for national media activities2 and 7,,iv7 any remaining amounts shall be used for any program activities authorized under this section2 and 7ii7 #e1jjj1jjj shall be available only for programs under subsection 7a77#a77;,c74 7#b7 ,availability ,any amount appropriated under this section shall remain available until expended to carry out the provisions of this section4 7#c7 ,award of funding 7,a7 ,notice ,not later than #ij days after the date of enactment of any ,act making amounts available to carry out this section1 the ,secretary shall issue a ,notice of ,funding ,availability with respect to the amounts4 7,b7 ,award ,not later than #ahj days after the date of enactment of any ,act making amounts available to carry out this section1 the ,secretary shall award the amounts4 2 7#f7 in subsection 7h77#a71 in the matter following subparagraph 7,c71 by inserting and meets the criteria described in subparagraphs 7,a7 and 7,c7 before the period at the end2 and 7#g7 in subsection 7j7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting regarding that fiscal year1 after comprehensive report2 7,b7 in paragraph 7#b71 by striking and the use of such funds during the preceding fiscal year and inserting 1 the use of such funds1 and outcomes such as the number of housing units made available and accessible to protected classes under the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 7,c7 in paragraph 7#c71 by striking during the preceding fiscal year2 and 7,d7 in paragraph 7#d71 by striking during the preceding fiscal year4 7b7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study to determine-- 7,a7 the feasibility1 efficiency1 and effectiveness of converting the ,fair ,housing ,initiatives ,program under section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a71 as amended by this ,act1 into a noncompetitive entitlement program to provide general operating funding to qualified fair housing enforcement organizations1 as defined in subsection 7h7 of that section2 7,b7 the appropriate levels of funding for such a program1 taking into consideration the number of such qualified fair housing enforcement organizations2 and 7,c7 the factors that should be considered in providing for an equitable distribution to qualified fair housing enforcement organizations4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit a report to ,congress setting forth the results of the study conducted under paragraph 7#a71 which shall include any recommendations regarding such conversion of the program4 #e4 ,sense of ,congress ,it is the sense of ,congress that the ,secretary should-- 7#a7 fully comply with the requirements of section #efa7;d7 of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7d771 as amended by this ,act1 to establish1 design1 and maintain a national education and outreach program to provide a centralized1 coordinated effort for the development and dissemination of-- 7,a7 materials and information about the fair housing rights of individuals who seek to rent1 purchase1 sell1 or facilitate the sale of a home2 and 7,b7 materials and information about the fair housing responsibilities of industry professionals providing products and services covered under the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 7#b7 expend for the education and outreach programs described in paragraph 7#a7 all amounts appropriated for those programs2 7#c7 fully reinstate the regulations promulgated on ,july #af1 #bjae 7#hj ,fed4 ,reg4 #dbbga71 regarding the fair housing obligations of each recipient of ,federal housing and community development funds to affirmatively further fair housing1 as that term is used in the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 and 7#d7 fully comply with the requirements of section #haj7;a7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfaj7;a774 #f4 ,grants to public and private entities to study housing discrimination 7a7 ,grant ,program ,the ,secretary shall carry out a competitive matching grant program to assist public and private nonprofit organizations in-- 7#a7 conducting comprehensive studies that examine-- 7,a7 the causes of housing discrimination and segregation2 7,b7 the effects of housing discrimination and segregation on education1 poverty1 economic development1 health1 and other socioeconomic factors2 or 7,c7 the incidences1 causes1 and effects of housing discrimination based on veteran and military status2 and 7#b7 implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a public or private nonprofit organization shall-- 7#a7 submit an application to the ,secretary that contains-- 7,a7 the issues the applicant will address and a justification for the need to address those issues2 7,b7 the applicant's experience in formulating or carrying out programs or activities described in this section2 and 7,c7 the geographical area and period of time to be studied2 and 7#b7 agree to provide matching non-,federal funds for #aj percent of the total amount of the grant1 which matching funds may include monetary donations and items donated on an in-kind contribution basis4 7c7 ,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 amounts4 7d7 ,report 7#a7 ,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 7a71 together with any recommendations or proposals for legislative or administrative actions to address any issues raised by the studies and pilot projects4 7#b7 ,concurrent submission ,the ,secretary may submit the reports required under paragraph 7#a7 as part of the reports prepared in accordance with paragraphs 7#b7 and 7#f7 of section #hjh7;e7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjh7;e77 and section #efa7;j7 of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7j774 7e7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 #g4 ,limitation on use of funds 7a7 ,definition ,in this section1 the term lobbying means an activity the costs of which are unallowable under paragraph #be of attachment ,b to ,circular ,a-#abb of the ,office of ,management and ,budget1 entitled ,cost ,principles for ,non-,profit ,organizations4 7b7 ,prohibition ,none of the funds made available under this ,act1 or the amendments made by this ,act1 may be used for any political activities1 political advocacy1 or lobbying1 or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns4