IB 

Union Calendar No. 548 

116TH CONGRESS 

2D SESSION H. R. 149 

[Report No. 116–664] 

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 HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. GREEN of Texas introduced the following bill; which was referred to the 

Committee on Financial Services 

DECEMBER 17, 2020 

Additional sponsors: Mr. PERLMUTTER, Mr. DAVID SCOTT of Georgia, Mr. 

LAWSON of Florida, Mr. CLAY, Mr. CLEAVER, Ms. TLAIB, Mr. SAN NICOLAS, Mr. HECK, Mr. BLUMENAUER, and Mr. DELGADO

DECEMBER 17, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 3, 2019] 


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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. 


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•HR 149 RH

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 2020’’. 

6 SEC. 2. TESTING FOR DISCRIMINATION. 

7 (a) ELIGIBLE ACTIVITY UNDER FHIP.—Subsection 

8 (a) of section 561 of the Housing and Community Develop9 ment Act of 1987 (42 U.S.C. 3616a(a)) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 inserting after ‘‘discriminatory housing practices’’ the 

12 following: ‘‘or, in the case of grants or contracts for 

13 activities under paragraph (3) with qualified private, 

14 non-profit fair housing enforcement organizations 

15 that have demonstrated expertise in managing and 

16 implementing regional or national testing programs 

17 to address systemic fair housing issues’’; 

18 (2) in paragraph (1), by striking ‘‘and’’ at the 

19 end; 

20 (3) in paragraph (2), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(3) programs of regional or national testing 

24 and investigations to (i) detect and document dif25 ferences in the treatment of persons seeking to rent or 


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1 purchase housing or obtain or refinance a home mort2 gage loan, and measure patterns of differential treat3 ment because of the status of a renter, home buyer, or 

4 borrower as a member of the protected classes under 

5 the Fair Housing Act (42 U.S.C. 3601 et seq.), and 

6 (ii) measure the prevalence, nature, and extent of dis7 criminatory practices covered under the Fair Housing 

8 Act. 

9 The results of any testing and investigations pursuant to 

10 paragraph (3) may be used as the basis for the Secretary, 

11 or any Federal agency authorized to bring such an enforce12 ment action, or any State or local government or agency, 

13 public or private nonprofit organization or institution, or 

14 other aggrieved parties as defined by title VIII of the Civil 

15 Rights Act of 1968 or other substantially equivalent State 

16 or local fair housing law, or other public or private entity 

17 that the Secretary has entered into a contract or cooperative 

18 agreement with under this section to commence, undertake, 

19 or pursue any investigation or enforcement action to rem20 edy any discriminatory housing practice (as such term is 

21 defined in section 802 of the Fair Housing Act (42 U.S.C. 

22 3602)) uncovered as a result of such testing and investiga23 tions. Testing conducted pursuant to paragraph (3) shall 

24 not constitute a violation of any provision of criminal law 

25 or the Truth in Lending Act (15 U.S.C. 1601 et seq.).’’. 


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1 (b) REGULATIONS.—Not later than the expiration of 

2 the 180-day period beginning on the date of the enactment 

3 of this Act, the Secretary of Housing and Urban Develop4 ment shall issue regulations that apply the minimum tester 

5 training standards required under section 125.107 of title 

6 24, Code of Federal Regulations, to organizations con7 ducting testing under section 561(a)(3) of the Housing and 

8 Community Development Act of 1987, as added by the 

9 amendment made by subsection (a)(4) of this section. Any 

10 subsequent amendments, changes, and updates to such min11 imum standards shall apply to all activities under such sec12 tion 561. 

13 SEC. 3. FAIR HOUSING INITIATIVES PROGRAM. 

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

15 Housing and Community Development Act of 1987 (42 

16 U.S.C. 3616a) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (1), by inserting ‘‘quali19 fied’’ before ‘‘private nonprofit fair housing en20 forcement organizations,’’; and 

21 (B) in paragraph (2), by inserting ‘‘quali22 fied’’ before ‘‘private nonprofit fair housing en23 forcement organizations,’’; 

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

25 following: 


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1 ‘‘(3) PROGRAM-EARNED INCOME.—No restric2 tions on the use of program-earned income received by 

3 qualified fair housing enforcement organizations shall 

4 apply after the grant period for such organization 

5 ends.’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (1)— 

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

9 ‘‘and’’ at the end; 

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

11 the period and inserting ‘‘; and’’; and 

12 (iii) by adding after subparagraph (D) 

13 the following: 

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

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

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

17 other public or private nonprofit entities’’; 

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

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

20 other public or private nonprofit entities’’; and 

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

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

23 provision of this section, a State or local agency cer24 tified by the Secretary under section 810(f) of the 

25 Fair Housing Act may receive assistance under this 


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1 subsection only to carry out activities eligible for as2 sistance under this subsection in areas in which no 

3 qualified fair housing enforcement organization is 

4 available to carry out such activities. 

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

6 provision of this section, if an award of funding 

7 under subsection (b) for multiple fiscal years has been 

8 made to a qualified fair housing enforcement organi9 zation, such organization is, subject only to the avail10 ability of amounts provided in appropriation Acts, 

11 eligible to receive funding under this subsection for 

12 each fiscal year covered by such award under sub13 section (b).’’; 

14 (4) in subsection (e)— 

15 (A) in paragraph (1) by striking ‘‘Banking, 

16 Finance and Urban Affairs’’ and inserting ‘‘Fi17 nancial Services’’; and 

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

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

20 this section with respect to metropolitan statistical 

21 areas for which there are multiple applications for 

22 such assistance, the Secretary shall give priority to 

23 applications submitted by qualified fair housing en24 forcement organizations that have experience in con25 ducting fair housing enforcement activities.’’; 


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

2 following: 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 appropriated to carry out this section— 

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

7 2021 through 2025, of which— 

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

9 any activities under this section other than 

10 programs under subsection (a)(3), of 

11 which— 

12 ‘‘(I) not less than $38,000,000 

13 shall be for private enforcement initia14 tives authorized under subsection (b); 

15 ‘‘(II) not less than $1,500,000 

16 shall be for the fair housing organiza17 tions initiative under subsection (c); 

18 ‘‘(III) not less than $10,000,000 

19 shall be for the education and outreach 

20 initiative under subsection (d), of 

21 which— 

22 ‘‘(aa) at least $8,000,000 

23 shall be for local education and 

24 outreach activities; and 


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1 ‘‘(bb) at least $2,000,000 

2 shall be for national media activi3 ties; and 

4 ‘‘(IV) any remaining amounts 

5 shall be used for any program activi6 ties authorized under this section; and 

7 ‘‘(ii) $3,000,000 shall be available only 

8 for programs under subsection (a)(3); and 

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

10 2026 through 2031, of which— 

11 ‘‘(i) for each such fiscal year, 

12 $65,000,000 shall be available for any ac13 tivities under this section other than pro14 grams under subsection (a)(3), of which— 

15 ‘‘(I) not less than $44,000,000 

16 shall be for private enforcement initia17 tives authorized under subsection (b); 

18 ‘‘(II) not less than $1,500,000 

19 shall be for the fair housing organiza20 tions initiative under subsection (c); 

21 ‘‘(III) not less than $12,500,000 

22 shall be for the education and outreach 

23 initiative under subsection (d), of 

24 which— 


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1 ‘‘(aa) at least $10,000,000 

2 shall be for local education and 

3 outreach activities; and 

4 ‘‘(bb) at least $2,500,000 

5 shall be for national media activi6 ties; and 

7 ‘‘(IV) any remaining amounts 

8 shall be used for any program activi9 ties authorized under this section; and 

10 ‘‘(ii) for each such fiscal year 

11 $5,000,000 shall be available only for pro12 grams under subsection (a)(3). 

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

14 under this section shall remain available until ex15 pended to carry out the provisions of this section. 

16 ‘‘(3) AWARD OF FUNDING.—Within 90 days after 

17 the date of the enactment of any Act making amounts 

18 available to carry out this section, the Secretary shall 

19 issue a Notice of Funding Availability with respect to 

20 such amounts and, within 180 days after such date 

21 of enactment, the Secretary shall award such 

22 amounts.’’; 

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

24 subparagraph (C), by inserting ‘‘and meets the criVerDate Sep 11 2014 23:23 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H149.RH H149

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1 teria described in subparagraphs (A) and (C)’’ before 

2 the period at the end; and 

3 (7) in subsection (j)— 

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

5 by inserting ‘‘regarding such preceding fiscal 

6 year,’’ after ‘‘comprehensive report’’; and 

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

8 use of such funds during the preceding fiscal 

9 year’’ and inserting ‘‘, the use of such funds dur10 ing the preceding fiscal year, and outcomes such 

11 as the number of housing units made available 

12 and accessible to protected classes under the Fair 

13 Housing Act (42 U.S.C. 3601 et seq.)’’. 

14 (b) STUDY.—The Secretary of Housing and Urban De15 velopment shall conduct a study to determine the feasibility, 

16 efficiency, and effectiveness of converting the Fair Housing 

17 Initiatives Program under section 561 of the Housing and 

18 Community Development Act of 1987 (42 U.S.C. 3616a) 

19 into a noncompetitive, entitlement program to provide gen20 eral operating funding to qualified fair housing organiza21 tions, the appropriate levels of funding for such a program 

22 taking into consideration the number of such qualified 

23 funding recipients, and what factors should be considered 

24 in providing for an equitable distribution to qualified re25 cipients of funding. The Secretary shall submit a report to 


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1 the Congress setting forth the results of the study under this 

2 subsection not later than the expiration of the 12-month pe3 riod beginning on the date of the enactment of this Act, 

4 which shall include any recommendations regarding such 

5 conversion of the program. 

6 SEC. 4. SENSE OF CONGRESS. 

7 It is the sense of Congress that the Secretary of Hous8 ing and Urban Development should— 

9 (1) fully comply with the requirements of section 

10 561(d) of the Housing and Community Development 

11 Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, 

12 and maintain a national education and outreach pro13 gram to provide a centralized, coordinated effort for 

14 the development and dissemination of— 

15 (A) materials and information about the 

16 fair housing rights of individuals who seek to 

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

18 home; and 

19 (B) materials and information about the 

20 fair housing responsibilities of industry profes21 sionals providing products and services covered 

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

23 seq.); 

24 (2) expend for such education and outreach pro25 grams all amounts appropriated for such programs; 


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1 (3) fully reinstate the regulations promulgated 

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

3 fair housing obligations of each recipient of Federal 

4 housing and community development funds to affirm5 atively further fair housing, as that term is defined 

6 under title VIII of the Civil Rights Act of 1968 (42 

7 U.S.C. 3601 et seq.); and 

8 (4) fully comply with the requirements of section 

9 810(a) of the Fair Housing Act (42 U.S.C. 3610(a)). 

10 SEC. 5. GRANTS TO PUBLIC AND PRIVATE ENTITIES TO 

11 STUDY HOUSING DISCRIMINATION. 

12 (a) GRANT PROGRAM.—The Secretary of Housing and 

13 Urban Development shall carry out a competitive matching 

14 grant program to assist public and private non-profit orga15 nizations in— 

16 (1) conducting studies that examine issues re17 garding housing discrimination and segregation and 

18 the Fair Housing Act, including— 

19 (A) the causes of housing discrimination 

20 and segregation, including their effects on mem21 bers of protected classes under the Fair Housing 

22 Act, and their effects on education, poverty, eco23 nomic development, health, and other socio24 economic factors; 


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1 (B) the incidence, causes, and effects of 

2 housing discrimination and segregation based on 

3 personal characteristics not protected under the 

4 Fair Housing Act, including— 

5 (i) veteran and military status; and 

6 (ii) source of income; 

7 (C) the ways in which the use of algorithms 

8 and artificial intelligence in the housing and 

9 mortgage lending markets impact the avail10 ability of housing for protected classes under the 

11 Fair Housing Act, including the use of digital 

12 and online platforms in the advertising and pro13 vision of housing and other services covered 

14 under the Fair Housing Act; or 

15 (D) any additional topics of study related 

16 to the implementation and expansion of the Fair 

17 Housing Act; or 

18 (2) implementing pilot projects that test solu19 tions that will help prevent or alleviate housing dis20 crimination and segregation. 

21 A grant under this section may provide funding to an orga22 nization for only activities under paragraph (1) or para23 graph (2) or for activities under both paragraph (1) and 

24 (2). 


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

2 under this section, a public or private nonprofit organiza3 tion shall— 

4 (1) submit an application to the Secretary of 

5 Housing and Urban Development, containing— 

6 (A) the issues the applicant will address 

7 and a justification for the need to address such 

8 issues; 

9 (B) the applicant’s experience in formu10 lating or carrying out programs or activities de11 scribed in this section; and 

12 (C) the geographical area and period of 

13 time to be studied; 

14 (2) agree to provide matching non-Federal funds 

15 for 10 percent of the total amount of the grant, which 

16 matching funds may include monetary donations and 

17 items donated on an in-kind contribution basis; and 

18 (3) meet the requirements of a qualified fair 

19 housing enforcement organization, as such term is de20 fined in section 561(h) of the Housing and Commu21 nity Development Act of 1987 (42 U.S.C. 3616a(h)). 

22 (c) PARTNERSHIPS WITH ACADEMIC INSTITUTIONS.— 

23 A public or private nonprofit organization applying for a 

24 grant under this section may partner with an academic or 


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1 educational organization or institution for the purpose of 

2 carrying out activities assisted with such grant amounts. 

3 (d) REPORT.—The Secretary of Housing and Urban 

4 Development shall submit a report to the Congress on a bi5 ennial basis that provides a detailed summary of the results 

6 of the comprehensive studies and pilot projects carried out 

7 under subsection (a), together with any recommendations 

8 or proposals for legislative or administrative actions to ad9 dress any issues raised by such studies. The Secretary may 

10 submit the reports required under this subsection as part 

11 of the reports prepared in accordance with paragraphs (2) 

12 and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 

13 3608(e)) and section 561(j) of the Housing and Community 

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

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated to carry out the provisions 

17 of this section $5,000,000 for each of fiscal years 2021 

18 through 2025. 

19 SEC. 6. LIMITATION ON USE OF FUNDS. 

20 None of the funds made available under this Act, or 

21 the amendments made by this Act, may be used for any 

22 political activities, political advocacy, or lobbying (as such 

23 terms are defined by Circular A–122 of the Office of Man24 agement and Budget, entitled ‘‘Cost Principles for Non25 Profit Organizations’’), or for expenses for travel to engage 


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1 in political activities or preparation of or provision of ad2 vice on tax returns. 


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Union Calendar No. 548 

116TH CONGRESS 

2D SESSION H. R. 149 

[Report No. 116–664] 

A BILL 

To authorize funds to prevent housing discriminaProgram, and for other purposes. crease funds for the Fair Housing Initiatives tion through the use of nationwide testing, to inDECEMBER 17, 2020 Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS