II 

117TH CONGRESS 

1ST SESSION S. 2549 

To authorize a grant program for educational institutions to analyze, digitize, 

and map historic records relating to housing discrimination, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2021 

Ms. SMITH (for herself, Mr. BROWN, Mr. VAN HOLLEN, Ms. WARREN, Mr. 

MENENDEZ, Mr. SANDERS, Mr. CASEY, Ms. KLOBUCHAR, Mr. WYDEN, 

Mr. BLUMENTHAL, Mr. HEINRICH, Mr. MURPHY, Mr. PADILLA, and Mr. 

OSSOFF) introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To authorize a grant program for educational institutions 

to analyze, digitize, and map historic records relating 

to housing discrimination, 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 ‘‘Mapping Housing Dis5 crimination Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to support— 


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1 (1) efforts by educational institutions to con2 duct primary analysis and digitization of historic 

3 housing discrimination patterns between 1850 and 

4 1988; 

5 (2) efforts by local governments to digitize 

6 property deeds and other historic records relating to 

7 housing discrimination; and 

8 (3) the creation of a national, publicly available 

9 database of local records of housing discrimination 

10 patterns between 1850 and 1988. 

11 SEC. 3. GRANT PROGRAM. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’— 

15 (A) means an institution of higher edu16 cation (as defined in section 101 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1001)); and 

18 (B) includes a minority-serving institution. 

19 (2) HISTORIC HOUSING DISCRIMINATION

20 RECORD.—The term ‘‘historic housing discrimina21 tion record’’ means— 

22 (A) a deed or other historic property 

23 record originating between 1850 and 1988 in 

24 which there is evidence of housing discrimina25 tion, which may include— 


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1 (i) a racial covenant or other provision 

2 in a property deed that was legally enforce3 able on the date on which the racial cov4 enant or other provision was written; or 

5 (ii) racially restrictive language in any 

6 agreement entered into by the developer of 

7 a subdivision, a neighborhood association, 

8 a real estate operator, or a group of prop9 erty owners; or 

10 (B) a State law, a local ordinance, or a 

11 document that presents evidence of a State law 

12 or local ordinance, that— 

13 (i) originated between 1850 and 1988; 

14 and 

15 (ii) permitted housing discrimination. 

16 (3) JURISDICTION.—The term ‘‘jurisdiction’’ 

17 means— 

18 (A) a political subdivision of a State; or 

19 (B) the District of Columbia. 

20 (4) MAPPING PROJECT.—The term ‘‘mapping 

21 project’’ means a project performed with a grant 

22 awarded under subsection (b)(1). 

23 (5) MINORITY-SERVING INSTITUTION.—The 

24 term ‘‘minority-serving institution’’ means an insti25 tution of higher education described in section 


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1 371(a) of the Higher Education Act of 1965 (20 

2 U.S.C. 1067q(a)). 

3 (6) OFFICE.—The term ‘‘Office’’, except as oth4 erwise specified, means the Office of Policy Develop5 ment and Research of the Department of Housing 

6 and Urban Development. 

7 (7) OFFICE OF FAIR HOUSING AND EQUAL OP8 PORTUNITY.—The term ‘‘Office of Fair Housing and 

9 Equal Opportunity’’ means the Office of Fair Hous10 ing and Equal Opportunity of the Department of 

11 Housing and Urban Development. 

12 (8) STATE.—The term ‘‘State’’ means any 

13 State of the United States. 

14 (b) MAPPING PROJECTS.— 

15 (1) IN GENERAL.—The Office may award 

16 grants on a competitive basis to eligible entities for 

17 the purpose of performing projects for analyzing, 

18 digitizing, and mapping the historic housing dis19 crimination records of not less than 1 jurisdiction. 

20 (2) DURATION AND AMOUNT.— 

21 (A) DURATION.—The duration of a map22 ping project shall be not more than 3 years. 

23 (B) AMOUNT.—In determining the amount 

24 of a grant under this section, the Office shall 

25 consider— 


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1 (i) the size of the jurisdiction or juris2 dictions that are the focus of the mapping 

3 project; and 

4 (ii) the estimated duration of the 

5 mapping project included in the application 

6 of an eligible entity under paragraph 

7 (3)(B)(ii). 

8 (3) APPLICATIONS.— 

9 (A) IN GENERAL.—An eligible entity desir10 ing a grant under this section shall submit to 

11 the Office an application at such time, in such 

12 manner, and accompanied by such information 

13 as the Office may require. 

14 (B) CONTENTS.—An application submitted 

15 by an eligible entity under this paragraph shall 

16 include a description of— 

17 (i) each jurisdiction that will be the 

18 focus of the mapping project; 

19 (ii) the estimated duration of the 

20 mapping project; 

21 (iii) any necessary partnership with a 

22 jurisdiction to digitize and collect historic 

23 housing discrimination records, including 

24 any— 


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1 (I) memorandum of under2 standing entered into by the eligible 

3 entity and the jurisdiction; or 

4 (II) compensation given to the 

5 jurisdiction to aid in document 

6 digitization efforts; 

7 (iv) the methodology that the eligible 

8 entity will use to— 

9 (I) review documents for racial 

10 covenants or racially restrictive lan11 guage; 

12 (II) compile historic housing dis13 crimination records; and 

14 (III) create a spatial dataset of 

15 historic housing discrimination 

16 records; 

17 (v) any research the eligible entity has 

18 already conducted on historic housing dis19 crimination records in a jurisdiction that 

20 will be a focus of the mapping project; and 

21 (vi) if the eligible entity has conducted 

22 any research described in clause (v), a plan 

23 for coordinating that research with re24 search the eligible entity will perform dur25 ing the mapping project. 


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1 (4) PROJECT REQUIREMENTS.—An eligible enti2 ty that performs a mapping project shall— 

3 (A) use the data standards developed 

4 under paragraph (6) to create and maintain a 

5 dataset relating to historic housing discrimina6 tion records; and 

7 (B) upon the completion of the mapping 

8 project, submit to the Office— 

9 (i) the dataset required under sub10 paragraph (A); and 

11 (ii) with respect to the dataset re12 quired under subparagraph (A)— 

13 (I) raw data relating to the 

14 dataset; 

15 (II) metadata that describes— 

16 (aa) the methodology of the 

17 eligible entity in creating the 

18 dataset; and 

19 (bb) the dataset; and 

20 (III) any other information rel21 evant to the creation of the dataset. 

22 (5) USE OF FUNDS.—An eligible entity may use 

23 funds from a grant under this section to— 

24 (A) confer with other educational institu25 tions or other entities conducting research on 


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1 historic housing discrimination patterns to de2 velop and adopt best practices for— 

3 (i) coordination with jurisdictions; 

4 (ii) data collection; 

5 (iii) the involvement of volunteer re6 searchers in mapping projects; and 

7 (iv) the creation of spatial datasets of 

8 historic housing discrimination records; 

9 (B) compensate jurisdictions to aid in the 

10 digitization of local property deeds or other 

11 records; 

12 (C) develop or purchase digital tools to 

13 identify racial covenants in digitized property 

14 deeds or other records; 

15 (D) create a spatial dataset of historic 

16 housing discrimination records; and 

17 (E) make the submission required under 

18 paragraph (4)(B). 

19 (6) DATA STANDARDS.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 after the date of enactment of this Act, the Of22 fice, in coordination with the Office of Fair 

23 Housing and Equal Opportunity, shall establish 

24 a set of uniform data standards for the anal25 ysis, digitization, and mapping of historic housVerDate Sep 11 2014 16:44 Aug 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2549.IS S2549

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1 ing discrimination records with which eligible 

2 entities performing mapping projects shall com3 ply. 

4 (B) METADATA.—The set of uniform data 

5 standards established under subparagraph (A) 

6 shall include guidance for the creation of the 

7 metadata required under paragraph 

8 (4)(B)(ii)(II). 

9 (C) INPUT.—In developing the uniform 

10 data standards under subparagraph (A), the 

11 Office shall seek input from educational institu12 tions or other entities conducting research on 

13 historic housing discrimination patterns. 

14 (D) THIRD PARTY PROPOSAL.— 

15 (i) IN GENERAL.—The Office may 

16 award a grant to, or enter into a contract 

17 with, a non-Federal entity on a competitive 

18 basis for the purpose of proposing the uni19 form data standards required to be estab20 lished under subparagraph (A). 

21 (ii) INPUT.—A non-Federal entity 

22 that proposes uniform data standards 

23 under clause (i) shall seek input from the 

24 entities described in subparagraph (C). 

25 (7) NATIONAL DATABASE.— 


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1 (A) IN GENERAL.— 

2 (i) CREATION.—Subject to clause (ii), 

3 the Office shall use the data submitted by 

4 eligible entities under paragraph (4)(B) to 

5 create a national database of historic hous6 ing discrimination records. 

7 (ii) OPTIONAL 6-MONTH DELAY.—At 

8 the request of an eligible entity, the Office 

9 shall wait to add data submitted by the eli10 gible entity under paragraph (4)(B) to the 

11 national database created under clause (i) 

12 of this subparagraph until the date that is 

13 180 days after the date on which the eligi14 ble entity submitted the data. 

15 (B) PUBLIC AVAILABILITY.— 

16 (i) IN GENERAL.—The Office shall 

17 make the database created under subpara18 graph (A) publicly available at no cost on 

19 the website of the Office. 

20 (ii) OTHER INFORMATION.—At the re21 quest of any individual, the Office shall 

22 provide the individual with the information 

23 submitted by an eligible entity under para24 graph (4)(B)(ii). 


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1 (C) OPTIONAL ADDITIONS.—The Office 

2 may import Federal data relating to historic 

3 housing discrimination records into the national 

4 database created under subparagraph (A). 

5 (8) DIGITIZATION.—If an eligible entity com6 pensates a jurisdiction for the purpose of digitizing 

7 local property deeds or other records with funds 

8 from a mapping project, the jurisdiction shall make 

9 those deeds and records publicly available at no cost. 

10 (c) REPORTS.— 

11 (1) PROJECT REPORT.—Not later than 180 

12 days after the date on which an eligible entity re13 ceives a grant under this section, and annually 

14 thereafter for the duration of the mapping project, 

15 an eligible entity performing a mapping project shall 

16 submit to the Office a report on the status of the 

17 mapping project, which shall include information on 

18 the progress of the eligible entity— 

19 (A) in community outreach and engage20 ment, including whether volunteers are involved 

21 in the mapping project; 

22 (B) on any necessary collaboration with a 

23 jurisdiction for the purpose of digitizing historic 

24 housing discrimination records; 


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1 (C) on data collection and identification of 

2 historic housing discrimination records relating 

3 to racial discrimination; 

4 (D) on data collection and the identifica5 tion of historic housing discrimination records 

6 that suggest a pattern of discrimination against 

7 individuals with any protected characteristic 

8 other than race; and 

9 (E) on the creation of the dataset required 

10 under subsection (b)(4)(A). 

11 (2) REPORT TO CONGRESS.—Not later than 1 

12 year after the date of enactment of this Act, and not 

13 less frequently than once every 3 years thereafter, 

14 the Office shall submit to the Committee on Bank15 ing, Housing, and Urban Affairs of the Senate and 

16 the Committee on Financial Services of the House of 

17 Representatives a report that includes— 

18 (A) information relating to— 

19 (i) the status of the grant program es20 tablished under subsection (b), including a 

21 list of the ongoing and completed mapping 

22 projects and the jurisdictions that are the 

23 focus of those mapping projects; 

24 (ii) the status of the national database 

25 required under subsection (b)(7); and 


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1 (iii) any research the Office or the 

2 Secretary of Housing and Urban Develop3 ment performs with information from the 

4 national database required under sub5 section (b)(7); and 

6 (B) an addendum from the Office of Fair 

7 Housing and Equal Opportunity that details— 

8 (i) the involvement of the Office of 

9 Fair Housing and Equal Opportunity in 

10 the grant program established under sub11 section (b), including any coordination with 

12 the Office of Policy Development and Re13 search of the Department of Housing and 

14 Urban Development; and 

15 (ii) how the grant program established 

16 under subsection (b) relates to— 

17 (I) the mission of the Office of 

18 Fair Housing and Equal Opportunity 

19 to enforce the Fair Housing Act (42 

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

21 (II) any ongoing work of the Of22 fice of Fair Housing and Equal Op23 portunity. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Office— 


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1 (1) $5,000,000 for each of fiscal years 2022 

2 through 2031 to award grants under subsection (b); 

3 and 

4 (2) $750,000 for each of fiscal years 2022 

5 through 2031, to remain available until expended, 

6 for costs associated with carrying out the require7 ments of this Act. 

Æ 


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