[Congressional Record Volume 153, Number 106 (Thursday, June 28, 2007)]
[Senate]
[Pages S8707-S8708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Schumer, Ms. Stabenow, and Mr. 
        Brown):
  S. 1733. 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; to the Committee 
on Banking, Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, today, I introduce the Housing Fairness 
Act of 2007, legislation that would strengthen efforts to detect 
discrimination and enforce equal housing opportunities. This 
legislation is especially timely given that June is National 
Homeownership Month.
  The Housing Fairness Act promotes equal housing opportunities for all 
people by authorizing funds to process complaints, investigate cases of 
housing discrimination, and develop and operate education and outreach 
programs to inform the general public of fair housing rights. The 
legislation also creates a competitive matching grant program for 
private nonprofit organizations to examine the causes of housing 
discrimination and segregation and their effects on education, poverty 
and economic development.
  Despite the passage of the Fair Housing Act almost 40 years ago, more 
than 4 million fair housing violations still occur each year. When the 
Department of Housing and Urban Development designated certain real 
estate companies for investigation, studies uncovered an 87 percent 
rate of racial steering and a 20 percent denial rate for African-
Americans and Latinos. In part due to fair housing violations, the 
homeownership gap between people of different racial and ethnic groups 
is larger than it was in 1940. These facts confirm that we need to be 
doing more to promote fair housing.
  I invite my colleagues to cosponsor this legislation and work with me 
to find solutions to further detect discrimination and enforce the Fair 
Housing Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                S. 1733

       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 
     2007''.

     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 2008 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 2008 through 2012, 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'' and 
     inserting a semicolon;
       (ii) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end 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''.

[[Page S8708]]

     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, such 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 2008 through 
     2012.
                                 ______