Text of US HB 8269 (2022)

I 117TH CONGRESS 2D SESSION H. R. 8269 To bring parity to the collection of housing data with respect to key demo- graphics not currently captured in Federal data sets and thereby to enhance accountability and transparency in the evaluation of housing and housing programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 1, 2022 Mr. GREEN of Texas introduced the following bill; which was referred to the Committee on Financial Services A BILL To bring parity to the collection of housing data with respect to key demographics not currently captured in Federal data sets and thereby to enhance accountability and transparency in the evaluation of housing and housing programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parity, Accountability, 4 and Transparency in Housing Data Act of 2022’’ or the 5 ‘‘PATH Data Act of 2022’’. 6 VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8269 IH SEC. 2. ANNUAL SURVEYS ON HOUSING DISCRIMINATION. 1 (a) ANNUAL SURVEYS.—The Secretary of Housing 2 and Urban Development shall conduct such surveys, on 3 an annual basis, as necessary to determine the levels of 4 discrimination in housing practices throughout the United 5 States on the basis of protected classes under the Fair 6 Housing Act (42 U.S.C. 3601 et seq.), including single, 7 partnered, and married persons’ sexual orientation or gen- 8 der identity (in this section referred to as ‘‘SOGI’’), or 9 both. 10 (b) COLLECTION OF DATA.—Data shall be collected 11 in a manner to identify the intersectionalities of protected 12 characteristics under the Fair Housing Act identified by 13 survey participants with other protected characteristics, as 14 well as age (disaggregated in increments of 5 years of 15 age). 16 (c) REPORTS.—Not later than June 1 of each cal- 17 endar year, the Secretary shall submit a report to the Con- 18 gress, and make such report publicly available on a 19 website of the Department of Housing and Urban Devel- 20 opment, setting forth the findings of the Secretary, with 21 respect to levels of discrimination occurring in the pre- 22 ceding calendar year, as determined by the surveys con- 23 ducted for such preceding year. 24 (d) DEFINITIONS.—For purposes of this section, the 25 following definitions shall apply: 26 VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8269 IH (1) GENDER IDENTITY.—The term ‘‘gender 1 identity’’ means, with respect to an individual, such 2 individual’s sense of being male, female, 3 transgender, or another gender, as distinct from the 4 individual’s sex assigned at birth. 5 (2) SEXUAL ORIENTATION.—The term ‘‘sexual 6 orientation’’ means, with respect to an individual, 7 how such individual identifies in terms of their emo- 8 tional, romantic, or sexual attractions, and includes 9 identification as straight, heterosexual, gay, lesbian, 10 or bisexual, among other identifications. 11 SEC. 3. COLLECTION OF DATA. 12 The Department of Housing and Urban Development 13 Act is amended by inserting after section 12 (42 U.S.C. 14 3537a) the following new section: 15 ‘‘SEC. 13. COLLECTION OF DEMOGRAPHIC DATA. 16 ‘‘(a) COLLECTION BY HUD.—Whenever the Sec- 17 retary collects any demographic data, whether under or 18 pursuant to any program, survey, study, form, or other 19 activity, including the Rental/Homebuyer/Homeowner 20 Rehab Set-Up Report form for the HOME Program under 21 title II of the Cranston-Gonzalez National Affordable 22 Housing Act (42 U.S.C. 12721 et seq.), the American 23 Healthy Homes Survey conducted by the Office of Healthy 24 Homes and Lead Hazard Control, and any forms involved 25 VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8269 IH in the programs for rental assistance under section 8 of 1 the United States Housing Act of 1937 (42 U.S.C. 1437f), 2 the Secretary shall collect and make available, to the same 3 extent that demographic data is collected and made avail- 4 able, information regarding sexual orientation and gender 5 identity of the same individuals about which demographic 6 data is collected. 7 ‘‘(b) COLLECTION BY RECIPIENTS AND GRANTEES.— 8 The Secretary shall require that any recipient or sub-re- 9 cipient of assistance within the jurisdiction of the Depart- 10 ment (as such term is defined in section 102(m) of the 11 Department of Housing and Urban Development Reform 12 Act of 1989 (42 U.S.C. 3545(m))), including any State 13 or agency or office thereof, unit of local government or 14 agency or office thereof, public housing agency, non-profit 15 or for-profit organization, and any other official or entity, 16 that collects any demographic data under, pursuant to, or 17 in connection with any project, program, initiative, survey, 18 study, form, or other activity conducted with such assist- 19 ance, such recipient shall collect and make available, to 20 the same extent that demographic data is collected and 21 made available, information regarding sexual orientation 22 and gender identity of the same individuals about which 23 demographic data is collected. 24 VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8269 IH ‘‘(c) DEFINITIONS.—For purposes of this section, the 1 following definitions shall apply: 2 ‘‘(1) DEMOGRAPHIC DATA.—The term ‘demo- 3 graphic data’ means information about the race or 4 ethnicity, sex, and age of a program or survey par- 5 ticipant or population. 6 ‘‘(2) GENDER IDENTITY.—The term ‘gender 7 identity’ means, with respect to an individual, such 8 individual’s sense of being male, female, 9 transgender, or another gender, as distinct from the 10 individual’s sex assigned at birth. 11 ‘‘(3) SEXUAL ORIENTATION.—The term ‘sexual 12 orientation’ means, with respect to an individual, 13 how such individual identifies in terms of their emo- 14 tional, romantic, or sexual attractions, and includes 15 identification as straight, heterosexual, gay, lesbian, 16 or bisexual, among other identifications.’’. 17 SEC. 4. OUTREACH AND EDUCATION. 18 The Secretary of Housing and Urban Development 19 shall develop and implement a program to promote the 20 new forms developed for reporting of information pursuant 21 to section 2 of this Act and section 13 of the Department 22 of Housing and Urban Development Act (as added by the 23 VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8269 IH amendment made by section 3 of this Act) to prospective 1 recipients of the forms. 2 Æ VerDate Sep 11 2014 04:25 Jul 07, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8269.IH H8269 kjohnson on DSK79L0C42PROD with BILLS