117 
proved by the Secretary. Such program may be de-
livered virtually, by telephone, or any other method 
the Secretary determines acceptable and shall in-
clude providing information on fair housing rights 
and on the availability of post-purchase housing 
counseling opportunities and instruction on how to 
file a fair housing complaint. 
(2) ALTERNATIVE
REQUIREMENT.—The Sec-
retary shall provide that if a qualified homebuyer is 
unable to complete the requirement under paragraph 
(1) within 30 days due to housing counseling agency 
capacity issues, a State or eligible entity may allow 
such qualified homebuyer to complete alternative 
homebuyer education to fulfill the requirement under 
paragraph (1), including homebuyer education that 
is provided through an online platform, and such 
qualified homebuyer shall be made aware of the 
availability of post-purchase housing counseling op-
portunities. 
(3) REFERRAL UPON MORTGAGE DENIAL.—The 
Secretary shall require that any qualified homebuyer 
who has completed a counseling program referred to 
in paragraph (1) or alternative requirement pursu-
ant to paragraph (2), who receives a commitment 
for assistance with grant amounts under this section 
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and who applies for an eligible mortgage loan for ac-
quisition of an eligible home and is denied such 
mortgage loan, shall be referred to a counseling 
agency described in paragraph (1) for counseling re-
lating to such denial and for re-qualification. An eli-
gible homebuyer may be re-qualified at least one ad-
ditional time in a calendar year, or more as deter-
mined by the Secretary. 
(4) FUNDING.—Of any amounts appropriated 
to carry out this section, the Secretary shall use not 
less than 5 percent for costs of providing counseling 
referred to in paragraph (1). 
(f) ADMINISTRATIVE COSTS.— Of any grant amounts 
under this section received by a State or eligible entity, 
the State or eligible entity may use not more than 5 per-
cent for administrative costs of and training for carrying 
out the program of the State or eligible entity to provide 
assistance with such grant amounts. 
(g) REPORTS.— 
(1) IN GENERAL.—For each fiscal year during 
which the Secretary makes grants under this section, 
the Secretary shall submit to the Congress, and 
make publicly available online in an easily accessible 
location on the website of the Department, a report 
that shall include— 
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(A) demographic information regarding ap-
plicants for and recipients of assistance pro-
vided pursuant to this section, including race, 
ethnicity, and gender; 
(B) information regarding the types and 
amount of assistance provided, including down-
payment assistance, assistance with closing 
costs, and assistance to reduce mortgage loan 
interest rates; 
(C) information regarding properties ac-
quired using such assistance, including location, 
property value, property type, and first mort-
gage type and investor. 
All data shall be disaggregated by zip code or census 
tract level, whichever is most feasible, and demo-
graphic information, including race, ethnicity, and 
gender, and any other data points the Secretary 
deems appropriate especially to observe equitable 
outcomes to ensure the program is affirmatively fur-
thering fair housing. 
(2) CAPACITY BUILDING.—Of any amounts ap-
propriated to carry out this section, the Secretary 
shall use not more than 1 percent to assist States 
and eligible entities to develop capacity to meet the 
reporting requirements under paragraph (1). The 
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Secretary shall encourage States and eligible entities 
to consult with community-based and nonprofit or-
ganizations that have as their mission to advance 
fair housing and fair lending. 
(3) PRIVACY REQUIREMENTS.— 
(A) IN GENERAL.—Each State and eligible 
entity that receives a grant under this section 
shall establish data privacy and security re-
quirements for the information described in 
paragraph (1) that— 
(i) include appropriate measures to 
ensure that the privacy of the individuals 
and households is protected; 
(ii) provide that the information, in-
cluding any personally identifiable informa-
tion, is collected and used only for the pur-
pose of submitting reports under para-
graph (1); and 
(iii) provide confidentiality protections 
for data collected about any individuals 
who are survivors of intimate partner vio-
lence, sexual assault, or stalking. 
(B) STATISTICAL RESEARCH.— 
(i) IN GENERAL.—The Secretary— 
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(I) may provide full and unre-
dacted information provided under 
paragraph (1), including personally 
identifiable information, for statistical 
research purposes in accordance with 
existing law; and 
(II) may collect and make avail-
able for statistical research, at the 
census tract level, information col-
lected under subparagraph (A). 
(ii) APPLICATION
OF
PRIVACY
RE-
QUIREMENTS.—A recipient of information 
under clause (i) shall establish for such in-
formation the data privacy and security re-
quirements described in subparagraph (A). 
(h) COMPELLING INTEREST STUDY.—The Secretary 
and the Attorney General shall survey and compile evi-
dence to determine whether or not there is a sufficient 
history of discrimination in housing and the appropriate 
remedy to redress such historic discrimination. The Sec-
retary shall make conclusions and recommendations based 
on the evidence and provide States and eligible entities 
granted awards under this section an opportunity to mod-
ify their programs for assistance under this section ac-
cording to such recommendations. 
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