Sec. 2. Testing for discrimination
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Subsection
(a)of section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a) ) is amended— in the matter preceding paragraph (1), by inserting after discriminatory housing practices the following: or, in the case of grants or contracts for activities under paragraph
(3)with qualified private, non-profit fair housing enforcement organizations that have demonstrated expertise in managing and implementing regional or national testing programs to address systemic fair housing issues ; in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: programs of regional or national testing and investigations to
(i)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 differential treatment because of the status of a renter, home buyer, or borrower as a member of the protected classes under the Fair Housing Act ( 42 U.S.C. 3601 et seq.), and
(ii)measure the prevalence, nature, and extent of discriminatory practices covered under the Fair Housing Act. The results of any testing and investigations pursuant to paragraph
(3)may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other aggrieved parties as defined by title VIII of the Civil Rights Act of 1968 or other substantially equivalent State or local fair housing law, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under this section to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 )) uncovered as a result of such testing and investigations. Testing conducted pursuant to paragraph
(3)shall not constitute a violation of any provision of criminal law or the Truth in Lending Act ( 15 U.S.C. 1601 et seq.). . Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that apply the minimum tester training standards required under section 125.107 of title 24, Code of Federal Regulations, to organizations conducting testing under section 561(a)(3) of the Housing and Community Development Act of 1987, as added by the amendment made by subsection (a)(4) of this section. Any subsequent amendments, changes, and updates to such minimum standards shall apply to all activities under such section 561.
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