[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 476 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 476

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 13, 2009

Mr. Al Green of Texas (for himself, Ms. Waters, Mr. Ellison, Mr. Clay, 
   Mr. Hinojosa, Mr. Meek of Florida, Mr. Larson of Connecticut, Mr. 
 Sires, Mr. Serrano, Mr. Pastor of Arizona, Mr. Cleaver, Mr. McGovern, 
   Ms. Edwards of Maryland, Mr. Moran of Virginia, Mr. Carnahan, Mr. 
Gonzalez, and Ms. Schakowsky) introduced the following bill; which was 
            referred to the Committee on Financial Services

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Fairness Act of 2009''.

SEC. 2. TESTING FOR DISCRIMINATION.

    (a) In General.--The Secretary of Housing and Urban Development 
shall conduct a nationwide program of testing to--
            (1) detect and document differences in the treatment of 
        persons seeking to rent or purchase housing or obtain or 
        refinance a home mortgage loan, and measure patterns of adverse 
        treatment because of the race, color, religion, sex, familial 
        status, disability status, or national origin of a renter, home 
        buyer, or borrower; and
            (2) measure the prevalence of such discriminatory practices 
        across the housing and mortgage lending markets as a whole.
    (b) Administration.--The Secretary of Housing and Urban Development 
shall enter into agreements with qualified fair housing enforcement 
organizations, as such organizations are defined under subsection (h) 
of section 561 of the Housing and Community Development Act of 1987 (42 
U.S.C. 3616a(h)), for the purpose of conducting the testing required 
under subsection (a).
    (c) Report.--The Secretary of Housing and Urban Development shall 
report to Congress--
            (1) on a biennial basis, the results of each round of 
        testing required under subsection (a) along with any 
        recommendations or proposals for legislative or administrative 
        action to address any issues raised by such testing; and
            (2) on an annual basis, a detailed summary of the calls 
        received by the Fair Housing Administration's 24-hour toll-free 
        telephone hotline.
    (d) Use of Results.--The results of any testing required under 
subsection (a) may be used as the basis for the Secretary, or any State 
or local government or agency, public or private nonprofit organization 
or institution, or other public or private entity that the Secretary 
has entered into a contract or cooperative agreement with under section 
561 of the Housing and Community Development Act of 1987 (42 U.S.C. 
3616a) to commence, undertake, or pursue any investigation or 
enforcement action to remedy any discrimination uncovered as a result 
of such testing.
    (e) Definitions.--As used in this section:
            (1) Disability status.--The term ``disability status'' has 
        the same meaning given the term ``handicap'' in section 802 of 
        the Civil Rights Act of 1968 (42 U.S.C. 3602).
            (2) Familial status.--The term ``familial status'' has the 
        same meaning given that term in section 802 of the Civil Rights 
        Act of 1968 (42 U.S.C. 3602).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section $20,000,000 
for fiscal year 2010 and each fiscal year thereafter.

SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM.

    Section 561 of the Housing and Community Development Act of 1987 
(42 U.S.C. 3616a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``qualified'' 
                before ``private nonprofit fair housing enforcement 
                organizations,''; and
                    (B) in paragraph (2), by inserting ``qualified'' 
                before ``private nonprofit fair housing enforcement 
                organizations,'';
            (2) by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out the provisions of this section $52,000,000 for 
        each of fiscal years 2010 through 2014, of which--
                    ``(A) not less than 75 percent of such amounts 
                shall be for private enforcement initiatives authorized 
                under subsection (b);
                    ``(B) not more than 10 percent of such amounts 
                shall be for education and outreach programs under 
                subsection (d); and
                    ``(C) any remaining amounts shall be used for 
                program activities authorized under this section.
            ``(2) Availability.--Any amount appropriated under this 
        section shall remain available until expended.'';
            (3) in subsection (h), in the matter following subparagraph 
        (C), by inserting ``and meets the criteria described in 
        subparagraphs (A) and (C)'' after ``subparagraph (B)''; and
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding after subparagraph (D) the 
                        following new subparagraph:
                    ``(E) websites and other media outlets.'';
                    (B) in paragraph (2), by striking ``or other public 
                or private entities'' and inserting ``or other public 
                or private nonprofit entities''; and
                    (C) in paragraph (3), by striking ``or other public 
                or private entities'' and inserting ``or other public 
                or private nonprofit entities''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of Housing and Urban 
Development should--
            (1) fully comply with the requirements of section 561(d) of 
        the Housing and Community Development Act of 1987 (42 U.S.C. 
        3616a(d)) to establish, design, and maintain a national 
        education and outreach program to provide a centralized, 
        coordinated effort for the development and dissemination of the 
        fair housing rights of individuals who seek to rent, purchase, 
        sell, or facilitate the sale of a home;
            (2) utilize all amounts appropriated for such education and 
        outreach program under section 561(g) of such Act; and
            (3) promulgate regulations regarding the fair housing 
        obligations of each recipient of Federal housing funds to 
        affirmatively further fair housing, as that term is defined 
        under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 
        3601 et seq.).

SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION.

    (a) Grant Program.--The Secretary of Housing and Urban Development 
shall carry out a competitive matching grant program to assist private 
nonprofit organizations in--
            (1) conducting comprehensive studies that examine--
                    (A) the causes of housing discrimination and 
                segregation; and
                    (B) the effects of housing discrimination and 
                segregation on education, poverty, and economic 
                development; and
            (2) implementing pilot projects that test solutions that 
        will help prevent or alleviate housing discrimination and 
        segregation.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a private nonprofit organization shall--
            (1) submit an application to the Secretary of Housing and 
        Urban Development, containing such information as the Secretary 
        shall require; and
            (2) agree to provide matching non-Federal funds for 25 
        percent of the total amount of the grant, which matching funds 
        may include items donated on an in-kind contribution basis.
    (c) Preference.--In awarding any grant under this section, the 
Secretary of Housing and Urban Development shall give preference to any 
applicant who is--
            (1) a qualified fair housing enforcement organization, as 
        such organization is defined under subsection (h) of section 
        561 of the Housing and Community Development Act of 1987 (42 
        U.S.C. 3616a(h)); or
            (2) a partner of any such organization.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section $5,000,000 for 
each of fiscal years 2010 through 2014.
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