(b) RELIANCE ON BORROWER ATTESTATIONS.—No 
creditor shall be subject to liability, including monetary 
penalties or requirements to indemnify a Federal agency 
or repurchase a loan that has been sold or securitized, for 
the provision of downpayment assistance under this Act 
to a borrower who does not meet the eligibility require-
ments if the creditor does so in good faith reliance on bor-
rower attestations of eligibility required by this Act or reg-
ulation. 
SEC. 4. ELIGIBLE HOMES. 
(a) IN GENERAL.—Assistance from grant amounts 
under this Act may be provided only in connection with 
the acquisition by a qualified homebuyer of a residential 
property that— 
(1) consists of 1 to 4 dwelling units; and 
(2) will be occupied by the qualified homebuyer, 
in accordance with such assurances and commit-
ments as the Secretary shall require, as the primary 
residence of the homebuyer, subject to section 3. 
(b) REPAYMENT OF ASSISTANCE.— 
(1) REQUIREMENT.—The Secretary shall re-
quire that, if a homebuyer on behalf of whom assist-
ance is provided from grant amounts under this Act 
fails or ceases to occupy the property acquired using 
such assistance as the primary residence of the 
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homebuyer, except in the case of assistance is pro-
vided in connection with the purchase of a primary 
residence through a shared equity homeownership 
program, the homebuyer shall repay to the Sec-
retary— 
(A) 100 percent of the amount of such as-
sistance, if such failure to occupy commences 
before the expiration of the 12-month period be-
ginning on the date of acquisition; 
(B) 80 percent of the amount of such as-
sistance, if such failure to occupy commences 
after the expiration of the 12-month period be-
ginning on such date of acquisition but before 
the expiration of the 24-month period beginning 
on such date of acquisition; 
(C) 60 percent of the amount of such as-
sistance, if such failure to occupy commences 
after the expiration of the 24-month period be-
ginning on such date of acquisition but before 
the expiration of the 36-month period beginning 
on such date of acquisition; 
(D) 40 percent of the amount of such as-
sistance, if such failure to occupy commences 
after the expiration of the 36-month period be-
ginning on such date of acquisition but before 
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the expiration of the 48-month period beginning 
on such date of acquisition; and 
(E) 20 percent of the amount of such as-
sistance, if such failure to occupy commences 
after the expiration of the 48-month period be-
ginning on such date of acquisition but before 
the expiration of the 60-month period beginning 
on such date of acquisition. 
(2) LIMITATION.—Notwithstanding paragraph 
(1), if a homebuyer on behalf of whom assistance is 
provided from grant amounts under this Act experi-
ences an unforeseen hardship, such as death or mili-
tary deployment, or sells the property acquired with 
such assistance before the expiration of the 60- 
month period beginning on such date of acquisition 
and the capital gains from such sale are less than 
the amount the homebuyer is required to repay the 
Secretary under paragraph (1), the homebuyer shall 
not be liable to the Secretary for repayment of the 
amount of such shortage. 
(c) COMMUNITY LAND TRUSTS AND SHARED EQUITY 
HOMEOWNERSHIP PROGRAMS.—If assistance from grant 
amounts under this Act are provided in connection with 
an eligible home made available through a community land 
trust or shared equity homeownership program, such as-
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sistance shall remain in the community land trust or 
shared equity property upon transfer of the property to 
keep the home affordable to the next eligible community 
land trust or shared equity homebuyer. 
SEC. 5. ELIGIBLE MORTGAGE LOANS. 
Assistance from grant amounts under this Act may 
be provided only in connection with the acquisition of an 
eligible home involving a residential mortgage loan that— 
(1) meets the underwriting requirements and 
dollar amount limitations for acquisition by the Fed-
eral National Mortgage Association or the Federal 
Home Loan Mortgage Corporation; 
(2) is made, insured, or guaranteed under title 
II of the National Housing Act (12 U.S.C. 1707 et 
seq.) or title V of the Housing Act of 1949 (42 
U.S.C. 1471 et seq.); 
(3) is a qualified mortgage, as such term is de-
fined in section 129C(b)(2) of the Truth in Lending 
Act (15 U.S.C. 1639c(b)(2)); 
(4) is made, insured, or guaranteed under chap-
ter 37 of title 38, United States Code; or 
(5) is guaranteed under section 184 of the 
Housing and Community Development Act of 1992 
(12 U.S.C. 1715z–13a). 
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SEC. 6. HOUSING COUNSELING REQUIREMENT. 
(a) IN GENERAL.—Except as provided pursuant to 
section 3, assistance with grant amounts under this Act 
may not be provided on behalf of qualified homebuyer un-
less such homebuyer has completed a program of coun-
seling with respect to the responsibilities and financial 
management involved in homeownership before entering 
into a sales purchase agreement or loan application, except 
as provided under subsection (c), as the Secretary shall 
require, provided through a counseling agency approved 
by the Secretary. Such program may be delivered virtually, 
by telephone, or any other method the Secretary deter-
mines acceptable and shall include providing information 
on fair housing rights and on the availability of post-pur-
chase housing counseling opportunities and instruction on 
how to file a fair housing complaint. 
(b) ALTERNATIVE REQUIREMENT.—The Secretary 
shall provide that if a qualified homebuyer is unable to 
complete the requirement under subsection (a) within 30 
days due to housing counseling agency capacity issues, a 
State or eligible entity may allow such qualified home-
buyer to complete alternative homebuyer education to ful-
fill the requirement under subsection (a), including home-
buyer education that is provided through an online plat-
form, and such qualified homebuyer shall be made aware 
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of the availability of post-purchase housing counseling op-
portunities. 
(c) REFERRAL UPON MORTGAGE DENIAL.—The Sec-
retary shall require that any qualified homebuyer who has 
completed a counseling program referred to in subsection 
(a) or alternative requirement pursuant to subsection (b), 
who receives a commitment for assistance with grant 
amounts under this Act and who applies for an eligible 
mortgage loan for acquisition of an eligible home and is 
denied such mortgage loan, shall be referred to a coun-
seling agency described in subsection (a) for counseling 
relating to such denial and for re-qualification. An eligible 
homebuyer may be re-qualified at least one additional time 
in a calendar year, or more as determined by the Sec-
retary. 
(d) FUNDING.—Of any amounts appropriated to 
carry out this Act, the Secretary shall use not less than 
5 percent for costs of providing counseling referred to in 
subsection (a). 
SEC. 7. ADMINISTRATIVE COSTS. 
Of any grant amounts under this Act received by a 
State or eligible entity, the State or eligible entity may 
use not more than 5 percent for administrative costs of 
and training for carrying out the program of the State 
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or eligible entity to provide assistance with such grant 
amounts. 
SEC. 8. REPORTS. 
(a) IN GENERAL.—For each fiscal year during which 
the Secretary makes grants under this Act, 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— 
(1) demographic information regarding appli-
cants for and recipients of assistance provided pur-
suant to this Act, including race, ethnicity, and gen-
der; 
(2) information regarding the types and amount 
of assistance provided, including downpayment as-
sistance, assistance with closing costs, and assist-
ance to reduce mortgage loan interest rates; 
(3) information regarding properties acquired 
using such assistance, including location, property 
value, property type, and first mortgage type and in-
vestor. 
All data shall be disaggregated by zip code or census tract 
level, whichever is most feasible, and demographic infor-
mation, including race, ethnicity, and gender, and any 
other data points the Secretary deems appropriate espe-
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cially to observe equitable outcomes to ensure the program 
is affirmatively furthering fair housing. 
(b) CAPACITY BUILDING.—Of any amounts appro-
priated to carry out this Act, the Secretary shall use not 
more than 1 percent to assist States and eligible entities 
to develop capacity to meet the reporting requirements 
under subsection (a). The Secretary shall encourage 
States and eligible entities to consult with community- 
based and nonprofit organizations that have as their mis-
sion to advance fair housing and fair lending. 
(c) PRIVACY REQUIREMENTS.— 
(1) IN GENERAL.—Each State and eligible enti-
ty that receives a grant under this Act shall estab-
lish data privacy and security requirements for the 
information described in subsection (a) that— 
(A) include appropriate measures to ensure 
that the privacy of the individuals and house-
holds is protected; 
(B) provide that the information, including 
any personally identifiable information, is col-
lected and used only for the purpose of submit-
ting reports under subsection (a); and 
(C) provide confidentiality protections for 
data collected about any individuals who are 
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survivors of intimate partner violence, sexual 
assault, or stalking. 
(2) STATISTICAL RESEARCH.— 
(A) IN GENERAL.—The Secretary— 
(i) may provide full and unredacted 
information provided under subsection (a), 
including personally identifiable informa-
tion, for statistical research purposes in ac-
cordance with existing law; and 
(ii) may collect and make available for 
statistical research, at the census tract 
level, information collected under para-
graph (1). 
(B) APPLICATION
OF
PRIVACY
REQUIRE-
MENTS.—A recipient of information under sub-
paragraph (A) shall establish for such informa-
tion the data privacy and security requirements 
described in paragraph (1). 
SEC. 9. COMPELLING INTEREST STUDY. 
The Secretary and the Attorney General shall survey 
and compile evidence to determine whether or not there 
is a sufficient history of discrimination in housing and the 
appropriate remedy to redress such historic discrimina-
tion. The Secretary shall make conclusions and rec-
ommendations based on the evidence and provide States 
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and eligible entities granted awards under this Act an op-
portunity to modify their programs for assistance under 
this Act according to such recommendations. 
SEC. 10. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) AFFIRMATIVELY
FURTHER
FAIR
HOUS-
ING.—The term ‘‘affirmatively further fair housing’’ 
has the same meaning as defined by the Secretary 
to implement section 808(e)(5) of the Fair Housing 
Act (42 U.S.C. 3608(e)(5)). 
(2) COMMUNITY
LAND
TRUST.—The term 
‘‘community land trust’ ’’ means a nonprofit organi-
zation or State or local governments or instrumen-
talities that— 
(A) use a ground lease or deed covenant 
with an affordability period of at least 30 years 
or more to— 
(i) make homeownership units afford-
able to households; and 
(ii) stipulate a preemptive option to 
purchase the affordable homeownership 
units so that the affordability of the units 
is preserved for successive income-eligible 
households; and 
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