II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Housing Fairness Act 

5 of 2021’’. 


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1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Housing and Urban Development. 

4 SEC. 3. TESTING FOR DISCRIMINATION. 

5 (a) ELIGIBLE ACTIVITY UNDER FHIP.— 

6 (1) IN GENERAL.—Section 561(a) of the Hous7 ing and Community Development Act of 1987 (42 

8 U.S.C. 3616a(a)) is amended— 

9 (A) by redesignating paragraphs (1) and 

10 (2) as subparagraphs (A) and (B), respectively, 

11 and adjusting the margins accordingly; 

12 (B) in the matter preceding subparagraph 

13 (A), as so redesignated— 

14 (i) by striking ‘‘The Secretary’’ and 

15 inserting the following: 

16 ‘‘(1) GRANTS, CONTRACTS, AND COOPERATIVE

17 AGREEMENTS.—The Secretary’’; and 

18 (ii) by inserting after ‘‘discriminatory 

19 housing practices’’ the following: ‘‘or, in 

20 the case of grants, contracts, or coopera21 tive agreements for activities under sub22 paragraph (C), with qualified private, non23 profit fair housing enforcement organiza24 tions that have demonstrated expertise in 

25 managing and implementing regional or 


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1 national testing programs to address sys2 temic fair housing issues’’; 

3 (C) in subparagraph (A), as so redesig4 nated, by striking ‘‘and’’ at the end; 

5 (D) in subparagraph (B), as so redesig6 nated, by striking ‘‘paragraph (1).’’ and insert7 ing ‘‘subparagraph (A); and’’; and 

8 (E) by adding at the end the following: 

9 ‘‘(C) programs of regional or national test10 ing and investigations to— 

11 ‘‘(i)(I) detect and document dif12 ferences in the treatment of persons seek13 ing to rent or purchase housing or obtain 

14 or refinance a home mortgage loan; and 

15 ‘‘(II) measure patterns of differential 

16 treatment because of the status of a 

17 renter, home buyer, or borrower as a mem18 ber of a protected class under the Fair 

19 Housing Act (42 U.S.C. 3601 et seq.); and 

20 ‘‘(ii) measure the prevalence, nature, 

21 and extent of discriminatory practices cov22 ered under the Fair Housing Act (42 

23 U.S.C. 3601 et seq.). 

24 ‘‘(2) ENFORCEMENT ACTIONS.— 


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1 ‘‘(A) IN GENERAL.—The results of any 

2 testing and investigations under paragraph 

3 (1)(C) may be used as the basis for the Sec4 retary, any Federal agency authorized to bring 

5 such an enforcement action, or any State or 

6 local government or agency, public or private 

7 nonprofit organization or institution, or other 

8 aggrieved party within the meaning of the Fair 

9 Housing Act (42 U.S.C. 3601 et seq.) or other 

10 substantially equivalent State or local fair hous11 ing law, or other public or private entity with 

12 which the Secretary has entered into a contract 

13 or cooperative agreement under this section to 

14 commence, undertake, or pursue any investiga15 tion or enforcement action to remedy any dis16 criminatory housing practice (as defined in sec17 tion 802 of the Fair Housing Act (42 U.S.C. 

18 3602)) uncovered as a result of the testing and 

19 investigations. 

20 ‘‘(B) TESTING.—Testing conducted under 

21 paragraph (1)(C) shall not constitute a viola22 tion of any provision of criminal law or the 

23 Truth in Lending Act (15 U.S.C. 1601 et 

24 seq.).’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—Section 561(f)(2) of the Housing and Com3 munity Development Act of 1987 (42 U.S.C. 

4 3616a(a)(2)) is amended by striking ‘‘subsection 

5 (a)(1)’’ and inserting ‘‘subsection (a)(1)(A)’’. 

6 (b) REGULATIONS.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of this Act, the Sec9 retary shall issue regulations that apply the min10 imum tester training standards required under sec11 tion 125.107 of title 24, Code of Federal Regula12 tions (or any successor regulation), to organizations 

13 conducting testing under paragraph (1)(C) of sec14 tion 561(a) of the Housing and Community Develop15 ment Act of 1987 (42 U.S.C. 3616a(a)), as added 

16 by subsection (a)(1)(E) of this section. 

17 (2) APPLICABILITY TO ALL TESTING ACTIVI18 TIES.—On and after the date on which the regula19 tions issued under paragraph (1) take effect, the 

20 minimum tester training standards described in that 

21 paragraph shall apply to any testing activities con22 ducted under section 561 of the Housing and Com23 munity Development Act of 1987 (42 U.S.C. 

24 3616a), as amended by subsection (a)(1) of this sec25 tion. 


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1 SEC. 4. FAIR HOUSING INITIATIVES PROGRAM. 

2 (a) AMENDMENTS TO PROGRAM.—Section 561 of the 

3 Housing and Community Development Act of 1987 (42 

4 U.S.C. 3616a) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘private 

7 nonprofit’’ and inserting ‘‘qualified’’; and 

8 (B) in paragraph (2), in the matter pre9 ceding subparagraph (A), by striking ‘‘private 

10 nonprofit’’ and inserting ‘‘qualified’’; 

11 (2) in subsection (c), by adding at the end the 

12 following: 

13 ‘‘(3) PROGRAM-EARNED INCOME.—No restric14 tion on the use of program-earned income received 

15 by a qualified fair housing enforcement organization 

16 shall apply after the grant period for the organiza17 tion ends.’’; 

18 (3) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (C), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (D), by striking 

23 the period and inserting ‘‘; and’’; and 

24 (iii) by inserting after subparagraph 

25 (D) the following: 

26 ‘‘(E) websites and other media outlets.’’; 


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1 (B) in paragraph (2), by striking ‘‘or other 

2 public or private entities’’ and inserting ‘‘or 

3 other public or private nonprofit entities’’; 

4 (C) in paragraph (3), by striking ‘‘or other 

5 public or private entities’’ and inserting ‘‘or 

6 other public or private nonprofit entities’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(4) LIMITATION.—Notwithstanding any other 

9 provision of this section, a State or local agency cer10 tified by the Secretary under section 810(f) of the 

11 Fair Housing Act (42 U.S.C. 3610(f)) may receive 

12 assistance under this subsection only to carry out 

13 activities eligible for assistance under this subsection 

14 in areas in which no qualified fair housing enforce15 ment organization is available to carry out those ac16 tivities. 

17 ‘‘(5) ELIGIBILITY.—Notwithstanding any other 

18 provision of this section, if an award of funding 

19 under subsection (b) for multiple fiscal years has 

20 been made to a qualified fair housing enforcement 

21 organization, the organization shall be, subject only 

22 to the availability of amounts provided in appropria23 tion Acts, eligible to receive funding under this sub24 section for each fiscal year covered by the award 

25 under subsection (b).’’; 


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1 (4) in subsection (e)— 

2 (A) in paragraph (1)— 

3 (i) by inserting ‘‘CONGRESSIONAL NO4 TIFICATION.—’’ after ‘‘(1)’’; and 

5 (ii) by striking ‘‘Banking, Finance 

6 and Urban Affairs’’ and inserting ‘‘Finan7 cial Services’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) PRIORITY.—In providing assistance under 

10 this section with respect to a metropolitan statistical 

11 area for which there are multiple applications for as12 sistance, the Secretary shall give priority to applica13 tions submitted by qualified fair housing enforce14 ment organizations that have experience in con15 ducting fair housing enforcement activities.’’; 

16 (5) by striking subsection (g) and inserting the 

17 following: 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—There are authorized to be 

20 appropriated to carry out this section— 

21 ‘‘(A) $58,000,000 for each of fiscal years 

22 2022 through 2026, of which— 

23 ‘‘(i) $55,000,000 shall be available for 

24 any activities under this section other than 


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1 programs under subsection (a)(1)(C), of 

2 which— 

3 ‘‘(I) not less than $38,000,000 

4 shall be for private enforcement initia5 tives authorized under subsection (b); 

6 ‘‘(II) not less than $1,500,000 

7 shall be for the fair housing organiza8 tions initiative under subsection (c); 

9 ‘‘(III) not less than $10,000,000 

10 shall be for the education and out11 reach initiative under subsection (d), 

12 of which— 

13 ‘‘(aa) not less than 

14 $8,000,000 shall be for local edu15 cation and outreach activities; 

16 and 

17 ‘‘(bb) not less than 

18 $2,000,000 shall be for national 

19 media activities; and 

20 ‘‘(IV) any remaining amounts 

21 shall be used for any program activi22 ties authorized under this section; and 

23 ‘‘(ii) $3,000,000 shall be available 

24 only for programs under subsection 

25 (a)(1)(C); and 


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1 ‘‘(B) $70,000,000 for each of fiscal years 

2 2027 through 2032, of which— 

3 ‘‘(i) $65,000,000 shall be available for 

4 any activities under this section other than 

5 programs under subsection (a)(1)(C), of 

6 which— 

7 ‘‘(I) not less than $44,000,000 

8 shall be for private enforcement initia9 tives authorized under subsection (b); 

10 ‘‘(II) not less than $1,500,000 

11 shall be for the fair housing organiza12 tions initiative under subsection (c); 

13 ‘‘(III) not less than $12,500,000 

14 shall be for the education and out15 reach initiative under subsection (d), 

16 of which— 

17 ‘‘(aa) not less than 

18 $10,000,000 shall be for local 

19 education and outreach activities; 

20 and 

21 ‘‘(bb) not less than 

22 $2,500,000 shall be for national 

23 media activities; and 


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1 ‘‘(IV) any remaining amounts 

2 shall be used for any program activi3 ties authorized under this section; and 

4 ‘‘(ii) $5,000,000 shall be available 

5 only for programs under subsection 

6 (a)(1)(C). 

7 ‘‘(2) AVAILABILITY.—Any amount appropriated 

8 under this section shall remain available until ex9 pended to carry out the provisions of this section. 

10 ‘‘(3) AWARD OF FUNDING.— 

11 ‘‘(A) NOTICE.—Not later than 90 days 

12 after the date of enactment of any Act making 

13 amounts available to carry out this section, the 

14 Secretary shall issue a Notice of Funding Avail15 ability with respect to the amounts. 

16 ‘‘(B) AWARD.—Not later than 180 days 

17 after the date of enactment of any Act making 

18 amounts available to carry out this section, the 

19 Secretary shall award the amounts.’’; 

20 (6) in subsection (h)(1), in the matter following 

21 subparagraph (C), by inserting ‘‘and meets the cri22 teria described in subparagraphs (A) and (C)’’ be23 fore the period at the end; and 

24 (7) in subsection (j)— 


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1 (A) in the matter preceding paragraph (1), 

2 by inserting ‘‘regarding that fiscal year,’’ after 

3 ‘‘comprehensive report’’; 

4 (B) in paragraph (2), by striking ‘‘and the 

5 use of such funds during the preceding fiscal 

6 year’’ and inserting ‘‘, the use of such funds, 

7 and outcomes such as the number of housing 

8 units made available and accessible to protected 

9 classes under the Fair Housing Act (42 U.S.C. 

10 3601 et seq.)’’; 

11 (C) in paragraph (3), by striking ‘‘during 

12 the preceding fiscal year’’; and 

13 (D) in paragraph (4), by striking ‘‘during 

14 the preceding fiscal year’’. 

15 (b) STUDY.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 a study to determine— 

18 (A) the feasibility, efficiency, and effective19 ness of converting the Fair Housing Initiatives 

20 Program under section 561 of the Housing and 

21 Community Development Act of 1987 (42 

22 U.S.C. 3616a), as amended by this Act, into a 

23 noncompetitive entitlement program to provide 

24 general operating funding to qualified fair housVerDate Sep 11 2014 01:40 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S769.IS S769

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1 ing enforcement organizations, as defined in 

2 subsection (h) of that section; 

3 (B) the appropriate levels of funding for 

4 such a program, taking into consideration the 

5 number of such qualified fair housing enforce6 ment organizations; and 

7 (C) the factors that should be considered 

8 in providing for an equitable distribution to 

9 qualified fair housing enforcement organiza10 tions. 

11 (2) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary shall 

13 submit a report to Congress setting forth the results 

14 of the study conducted under paragraph (1), which 

15 shall include any recommendations regarding such 

16 conversion of the program. 

17 SEC. 5. SENSE OF CONGRESS. 

18 It is the sense of Congress that the Secretary 

19 should— 

20 (1) fully comply with the requirements of sec21 tion 561(d) of the Housing and Community Develop22 ment Act of 1987 (42 U.S.C. 3616a(d)), as amend23 ed by this Act, to establish, design, and maintain a 

24 national education and outreach program to provide 


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1 a centralized, coordinated effort for the development 

2 and dissemination of— 

3 (A) materials and information about the 

4 fair housing rights of individuals who seek to 

5 rent, purchase, sell, or facilitate the sale of a 

6 home; and 

7 (B) materials and information about the 

8 fair housing responsibilities of industry profes9 sionals providing products and services covered 

10 under the Fair Housing Act (42 U.S.C. 3601 et 

11 seq.); 

12 (2) expend for the education and outreach pro13 grams described in paragraph (1) all amounts ap14 propriated for those programs; 

15 (3) fully reinstate the regulations promulgated 

16 on July 16, 2015 (80 Fed. Reg. 42271), regarding 

17 the fair housing obligations of each recipient of Fed18 eral housing and community development funds to 

19 affirmatively further fair housing, as that term is 

20 used in the Fair Housing Act (42 U.S.C. 3601 et 

21 seq.); and 

22 (4) fully comply with the requirements of sec23 tion 810(a) of the Fair Housing Act (42 U.S.C. 

24 3610(a)). 


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1 SEC. 6. GRANTS TO PUBLIC AND PRIVATE ENTITIES TO 

2 STUDY HOUSING DISCRIMINATION. 

3 (a) GRANT PROGRAM.—The Secretary shall carry out 

4 a competitive matching grant program to assist public and 

5 private nonprofit organizations in— 

6 (1) conducting comprehensive studies that ex7 amine— 

8 (A) the causes of housing discrimination 

9 and segregation; 

10 (B) the effects of housing discrimination 

11 and segregation on education, poverty, economic 

12 development, health, and other socioeconomic 

13 factors; or 

14 (C) the incidences, causes, and effects of 

15 housing discrimination based on veteran and 

16 military status; and 

17 (2) implementing pilot projects that test solu18 tions that will help prevent or alleviate housing dis19 crimination and segregation. 

20 (b) ELIGIBILITY.—To be eligible to receive a grant 

21 under this section, a public or private nonprofit organiza22 tion shall— 

23 (1) submit an application to the Secretary that 

24 contains— 


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1 (A) the issues the applicant will address 

2 and a justification for the need to address those 

3 issues; 

4 (B) the applicant’s experience in formu5 lating or carrying out programs or activities de6 scribed in this section; 

7 (C) the geographical area and period of 

8 time to be studied; and 

9 (D) a certification that the applicant has 

10 consulted with a qualified fair housing enforce11 ment organization in the design of its proposed 

12 area of study; and 

13 (2) agree to provide matching non-Federal 

14 funds for 10 percent of the total amount of the 

15 grant, which matching funds may include monetary 

16 donations and items donated on an in-kind contribu17 tion basis. 

18 (c) PARTNERSHIPS WITH ACADEMIC INSTITU19 TIONS.—A public or private nonprofit organization apply20 ing for a grant under this section may partner with an 

21 academic or educational organization or institution for the 

22 purpose of carrying out activities assisted with the grant 

23 amounts. 

24 (d) REPORT.— 


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1 (1) IN GENERAL.—The Secretary shall submit 

2 a report to Congress on a biennial basis that pro3 vides a detailed summary of the results of the com4 prehensive studies and pilot projects carried out 

5 under subsection (a), together with any rec6 ommendations or proposals for legislative or admin7 istrative actions to address any issues raised by the 

8 studies and pilot projects. 

9 (2) CONCURRENT SUBMISSION.—The Secretary 

10 may submit the reports required under paragraph 

11 (1) as part of the reports prepared in accordance 

12 with paragraphs (2) and (6) of section 808(e) of the 

13 Fair Housing Act (42 U.S.C. 3608(e)) and section 

14 561(j) of the Housing and Community Development 

15 Act of 1987 (42 U.S.C. 3616a(j)). 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 $5,000,000 for each of fiscal years 2021 through 2025. 

19 SEC. 7. LIMITATION ON USE OF FUNDS. 

20 (a) DEFINITION.—In this section, the term ‘‘lob21 bying’’ means an activity the costs of which are unallow22 able under paragraph 25 of attachment B to Circular A– 

23 122 of the Office of Management and Budget, entitled 

24 ‘‘Cost Principles for Non-Profit Organizations’’. 


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1 (b) PROHIBITION.—None of the funds made available 

2 under this Act, or the amendments made by this Act, may 

3 be used for any political activities, political advocacy, or 

4 lobbying, or for expenses for travel to engage in political 

5 activities or preparation of or provision of advice on tax 

6 returns. 

Æ 


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