FAIR HOUSING INITIATIVES PROGRAM.

SEC. 905. FAIR HOUSING INITIATIVES PROGRAM. (a) Findings.—The Congress finds that— (1) in the past half decade, there have been major legislative and administrative changes in Federal fair housing and fair lending laws and substantial improvements in the Nation’s understanding of discrimination in the housing markets; (2) in response to evidence of continuing housing discrimination, the Congress passed the Fair Housing Act Amendments of 1988, to provide for more effective enforcement of fair housing rights through judicial and administrative avenues and to expand the number of protected classes covered under Federal fair housing laws; 106 STAT. 3869 (3) in the Financial Institutions Reform, Recovery and Enforcement Act of 1989, the Congress expanded the disclosure provisions under the Home Mortgage Disclosure Act to provide increased information on the mortgage lending patterns of financial institutions; (4) in the Americans with Disabilities Act of 1990, the Congress provided a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (5) in 1991, data collected under the Home Mortgage Disclosure Act disclosed evidence of pervasive discrimination in the Nation’s mortgage lending markets; (6) the Housing Discrimination Survey, released by the Department of Housing and Urban Development in 1991, found that Hispanic and African-American homeseekers experience some form of discrimination in at least half of their encounters with sales and rental agents; (7) the Fair Housing Initiatives Program should be revised and expanded to reflect the significant changes in the fair housing and fair lending area that have taken place since the Program’s initial authorization in the Housing and Community Development Act of 1987; (8) continuing educational efforts by the real estate industry are a useful way to increase understanding by the public of their fair housing rights and responsibilities; and (9) the proven efficacy of private nonprofit fair housing enforcement organizations and community-based efforts makes support for these organizations a necessary component of the fair housing enforcement system. (b) In General.—Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616 note) is amended— (1) by redesignating subsections (b) through (e) as sub-sections (e) through (h), respectively; (2) by inserting after subsection (a) the following new sub-sections: “(b) Private Enforcement Initiatives.— “(1) In general.—The Secretary shall use funds made available under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, investigations of violations of the rights granted under title VIII of the Civil Rights Act of 1968, and such enforcement activities as appropriate to remedy such violations. The Secretary may enter into multiyear contracts and take such other action as is appropriate to enhance the effectiveness of such investigations and enforcement activities. “(2) Activities.— The Secretary shall use funds made avail-able under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, a range of investigative and enforcement activities designed to— “(A) carry out testing and other investigative activities in accordance with subsection (b)(1), including building the capacity for housing investigative activities in unserved or underserved areas; “(B) discover and remedy discrimination in the public and private real estate markets and real estate-related transactions, including, but not limited to, the making or purchasing of loans or the provision of other financial 106 STAT. 3870 assistance sales and rentals of housing and housing advertising; “(C) carry out special projects, including the development of prototypes to respond to new or sophisticated forms of discrimination against persons protected under title VIII of the Civil Rights Act of 1968; “(D) provide technical assistance to local fair housing organizations, and assist in the formation and development of new fair housing organizations; and “(E) provide funds for the costs and expenses of litigation, including expert witness fees. “(c) Funding of Fair Housing Organizations.— “(1) In general.—The Secretary shall use funds made available under this section to enter into contracts or cooperative agreements with qualified fair housing enforcement organizations, other private nonprofit fair housing enforcement organizations, and nonprofit groups organizing to build their capacity to provide fair housing enforcement, for the purpose of supporting the continued development or implementation of initiatives which enforce the rights granted under title VIII of the Civil Rights Act of 1968, as amended. Contracts or cooperative agreements may not provide more than 50 percent of the operating budget of the recipient organization tor any one year. “(2) Capacity enhancement.—The Secretary shall use funds made available under this section to help establish, organize, and build the capacity of fair housing enforcement organizations, particularly in those areas of the country which are currently underserved by fair housing enforcement organizations as well as those areas where large concentrations of protected classes exist. For purposes of meeting the objectives of this paragraph, the Secretary may enter into contracts or cooperative agreements with qualified fair housing enforcement organizations. The Secretary shall establish annual goals which reflect the national need for private fair housing enforcement organizations. “(d) Education and Outreach.— “(1) In general.— The Secretary, through contracts with one or more qualified fair housing enforcement organizations, other fair housing enforcement organizations, and other non-profit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, shall establish a national education and outreach program. The national pro-gram shall be designed to provide a centralized, coordinated effort for the development and dissemination of fair housing media products, including— “(A) public service announcements, both audio and video; “(B) television, radio and print advertisements; “(C) posters; and “(D) pamphlets and brochures. The Secretary shall designate a portion of the amounts provided in subsection (g)(4) for a national program specifically for activities related to the annual national fair housing month. The Secretary shall encourage cooperation with real estate industry organizations in the national education and outreach program. The Secretary shall also encourage the dissemination of edu-106 STAT. 3871cational information and technical assistance to support compliance with the housing adaptability and accessibility guidelines contained in the Fair Housing Act Amendments of 1983. “(2) Regional and local programs.—The Secretary, through contracts with fair housing enforcement organizations, other nonprofit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, State and local agencies certified by the Secretary under section 810(f) of the Fair Housing Act, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices, shall establish or support education and outreach programs at the regional and local levels. “(3) Community-based programs.—The Secretary shall provide funding to fair housing organizations and other non-profit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, or other public or private entities that are formulating or carrying out pro-grams to prevent or eliminate discriminatory housing practices, to support community-based education and outreach activities, including school, church, and community presentations, conferences, and other educational activities.”; (3) in subsection (g), as redesignated by paragraph (1) by striking all in the first sentence after “section,” and inserting the following: “$21,000,000 for fiscal year 1993 and $26,000,000 for fiscal year 1994, of which— “(1) not less than $3,820,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for private enforcement initiatives authorized under subsection (b), divided equally between activities specified under subsection (b)(1) and those specified under subsection (b)(2); “(2) not less than $2,230,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for qualified fair housing enforcement organizations authorized under subsection (c)(1); “(3) not less than $2,010,000 for fiscal year 1993 and $4,000,000 for fiscal year 1994 shall be for the creation of new fair housing enforcement organizations authorized under subsection (c)(2); and “(4) not less than $2,540,000 for fiscal year 1993 and $5,000,000 for fiscal year 1994 shall be for education and out-reach programs authorized under subsection (d), to be divided equally between activities specified under subsection (d)(1) and those specified under subsections (d)(2) and (d)(3).”; and (4) by striking subsection (h), as redesignated by paragraph (1), and inserting the following: “(h) Qualified Fair Housing Enforcement Organization.— (1) The term ‘qualified fair housing enforcement organization’ means any organization that— “(A) is organized as a private, tax-exempt, nonprofit, charitable organization; “(B) has at least 2 years experience in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims; and “(C) is engaged in all the activities listed in paragraph (1)(B) at the time of application for assistance under this section. 106 STAT. 3872 An organization which is not solely engaged in fair housing enforcement activities may qualify aa a qualified fair housing enforcement organization, provided that the organization is actively engaged in each of the activities listed in subparagraph (B). “(2) The term fair housing enforcement organization’ means any organization that— “(A) meets the requirements specified in paragraph (1)(A); “(B) is currently engaged in the activities specified in paragraph (1)(B); “(C) upon the receipt of funds under this section will become engaged in all of the activities specified in paragraph (1)(B); and “(D) for purposes of funding under subsection (b), has at least 1 year of experience in the activities specified in paragraph (1)(B). “(i) Prohibition on Use of Funds.—None of the funds authorized under this section may be used by the Secretary for purposes of settling claims, satisfying judgments or fulfilling court orders in any litigation action involving either the Department or housing providers funded by the Department. None of the funds authorized under this section may be used by the Department for administrative costs. “(j) Reporting Requirements.—Not later than 180 days after the close of each fiscal year in which assistance under this section is furnished, the Secretary shall prepare and submit to the Congress a comprehensive report which shall contain— “(1) a description of the progress made in accomplishing the objectives of this section; “(2) a summary of all the private enforcement activities carried out under this section and the use of such funds during the preceding fiscal year; “(3) a list of all fair housing enforcement organizations funded under this section during the preceding fiscal year, identified on a State-by-State basis; “(4) a summary of all education and outreach activities funded under this section and the use of such funds during the preceding fiscal year; and “(5) any findings, conclusions, or recommendations of the Secretary as a result of the funded activities.”.