Sec. 3. Testing for discrimination
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Section 561(a) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a) ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and adjusting the margins accordingly; in the matter preceding subparagraph (A), as so redesignated— by striking The Secretary and inserting the following: The Secretary ; and by inserting after discriminatory housing practices the following: or, in the case of grants, contracts, or cooperative agreements for activities under subparagraph (C), 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 subparagraph (A), as so redesignated, by striking and at the end; in subparagraph (B), as so redesignated, by striking paragraph (1). and inserting subparagraph (A); and ; and by adding at the end the following: programs of regional or national testing and investigations to— 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 a protected class under the Fair Housing Act ( 42 U.S.C. 3601 et seq.); and measure the prevalence, nature, and extent of discriminatory practices covered under the Fair Housing Act. The results of any testing and investigations under paragraph (1)(C) may be used as the basis for the Secretary, 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 party within the meaning of the Fair Housing Act ( 42 U.S.C. 3601 et seq.) or other substantially equivalent State or local fair housing law, or other public or private entity with which the Secretary has entered into a contract or cooperative agreement under this section to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as that term is defined in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 )) uncovered as a result of the testing and investigations. Testing conducted under paragraph (1)(C) shall not constitute a violation of any provision of criminal law or the Truth in Lending Act ( 15 U.S.C. 1601 et seq.). . Section 561(a)(2) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a)(2) ) is amended by striking subsection (a)(1) and inserting subsection (a)(1)(A) . Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations that apply the minimum tester training standards required under section 125.107 of title 24, Code of Federal Regulations (or any successor regulation), to organizations conducting testing under paragraph (1)(C) of section 561(a) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a) ), as added by subsection (a)(1)(E) of this section. On and after the date on which the regulations issued under paragraph
(1)take effect, the minimum tester training standards described in that paragraph shall apply to any testing activities conducted under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ), as amended by subsection (a)(1) of this section.
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