I 
118TH CONGRESS 
1ST SESSION H. R. 4231 
To provide downpayment assistance to first-generation homebuyers to address 
multigenerational inequities in access to homeownership and to narrow 
and ultimately close the racial homeownership gap in the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2023 
Ms. WATERS (for herself, Mr. GREEN of Texas, Ms. GARCIA of Texas, and 
Ms. PRESSLEY) introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To provide downpayment assistance to first-generation home-
buyers to address multigenerational inequities in access 
to homeownership and to narrow and ultimately close 
the racial homeownership gap in the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Downpayment Toward 
Equity Act of 2023’’. 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
SEC. 2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Housing 
and Urban Development shall carry out a program under 
this Act to provide grants to States and eligible entities 
to provide financial assistance under this Act to first-gen-
eration homebuyers to assist them with acquiring owner- 
occupied primary residences. 
(b) ALLOCATION.—After reserving amounts as re-
quired under sections 6(d) and 8(b), any remaining 
amounts made available to carry out this Act shall be allo-
cated as follows: 
(1) STATES.—75 percent of such amounts shall 
be allocated among States in accordance with a for-
mula established by the Secretary, which shall take 
into consideration best available data to provide 
more funding to States with a higher approximate 
number of potential qualified homebuyers (as such 
term is defined in section 10) and adjusted to reflect 
median area home prices. 
(2) ELIGIBLE ENTITIES.—25 percent of such 
amounts shall be made available only to eligible enti-
ties on a competitive basis. 
(c) ASSISTANCE.—Amounts from a grant under this 
Act shall be used only to provide assistance— 
(1) on behalf of a qualified homebuyer; and 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(2) for— 
(A) costs in connection with the acquisi-
tion, involving an eligible mortgage loan, of an 
eligible home, including downpayment costs, 
closing costs, and costs to reduce the rates of 
interest on eligible mortgage loans; 
(B) for subsidies to make shared equity 
homes affordable to eligible homebuyers by dis-
counting the price for which the home will be 
sold and to preserve the home’s affordability for 
subsequent eligible buyers; and 
(C) for pre-occupancy home modifications 
required to accommodate qualified homebuyers 
or members of their household with disabilities. 
(d) AMOUNT.—A grant of assistance under this 
Act— 
(1) may be provided on behalf of any qualified 
homebuyer only once; and 
(2) may not exceed the greater of $20,000 or 
10 percent of the purchase price in the case of a 
qualified homebuyer, not to include assistance re-
ceived under subsection (c)(2)(C) for disability re-
lated home modifications, except that the Secretary 
may increase such maximum limitation amounts for 
qualified homebuyers who are socially and economi-
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
cally disadvantaged, except that the Secretary may 
increase such maximum limitation amounts in the 
case of qualified homebuyers acquiring residences lo-
cated in high-cost areas, as determined based on me-
dian home prices or prices of residences under a 
shared equity homeownership program. 
(e) LAYERING
OF ASSISTANCE.—Assistance from 
grant amounts under this Act may be provided on behalf 
of a qualified homebuyer who is receiving assistance from 
other sources, including other State, Federal, local, pri-
vate, public, and nonprofit sources, for acquisition of an 
eligible home. 
(f) STATE ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall require 
that each State receiving grant amounts under this 
Act administer the program to provide assistance 
with such amounts through the State housing fi-
nance agency for the State or such other housing 
agency of the State as the Secretary finds appro-
priate, except that any such agency may, at the op-
tion of the agency, contract with a nonprofit entity, 
including a housing counseling agency approved by 
the Secretary, to administer such assistance. 
(2) AFFIRMATIVELY FURTHERING FAIR HOUS-
ING.—For a State to be eligible for a grant under 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
this Act, the State shall be in compliance with the 
Secretary’s regulations implementing the require-
ment under section 808(e)(5) of the Fair Housing 
Act (42 U.S.C. 3608(e)(5)) to affirmatively further 
fair housing. 
(3) 
PROHIBITION
OF
PRIORITY
OR 
RECOUPMENT
OF
FUNDS.—In selecting qualified 
homebuyers for assistance with grant amounts under 
this Act, a State or eligible entity may not provide 
any priority or preference for homebuyers who are 
acquiring eligible homes with a mortgage loan made, 
insured, guaranteed, or otherwise assisted by the 
State housing finance agency for the State, any 
other housing agency of the State, or an eligible en-
tity when applicable, nor may the State or eligible 
entity seek to recoup any funds associated with the 
provision of downpayment assistance to the qualified 
homebuyer, whether through premium pricing or 
otherwise, except as provided in subsection (g) or 
otherwise authorized by the Secretary. 
(g) RECAPTURE
AND REALLOCATION.—The Sec-
retary shall require changes in a grantee’s policy or dis-
tribution of funds or recapture any amounts remaining 
available to a grantee, and reallocate such funds among 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
other States and eligible entities, if the Secretary deter-
mines in his or her sole discretion that— 
(1) a State or eligible entity— 
(A) has not demonstrated the capacity to 
expend grant funds in a timely manner that 
furthers the purposes under this Act; or 
(B) is distributing or plans to distribute 
grant funds in a manner that results or will 
predictably result in qualified homebuyers from 
racial or ethnic groups that have faced historic 
obstacles to homeownership failing to receive 
the benefits of such funds in proportion to their 
population among qualified homebuyers in the 
relevant area; or 
(2) there is insufficient demand among qualified 
eligible entities to distribute fund. 
(h) UNIFORMITY
AND
PROGRAM
STANDARDIZA-
TION.—The Secretary shall establish a uniform set of re-
quirements to which each State and eligible entity receiv-
ing grant amounts under this Act shall comply. 
SEC. 3. QUALIFIED HOMEBUYERS. 
(a) 
REQUIREMENTS.—Assistance 
from 
grant 
amounts under this Act may be provided only on behalf 
of a homebuyer who meets all of the following require-
ments: 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(1) INCOME.—The household of the homebuyer 
has an income that does not exceed— 
(A) 120 percent of median income for the 
area (as determined by the Secretary) within 
which— 
(i) the eligible home to be acquired 
using such assistance is located; or 
(ii) the place of residence of the home-
buyer is located; or 
(B) in the case of a homebuyer acquiring 
an eligible home that is located in a high-cost 
area, as determined by the Secretary, 140 per-
cent of the median income for the area within 
which the eligible home to be acquired using 
such assistance is located. 
(2) FIRST-TIME HOMEBUYER.—The homebuyer, 
as self-attested by the homebuyer, is a first-time 
homebuyer, as such term is defined in section 104 
of the Cranston Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12704), except that for the pur-
poses of this Act the reference in such section 104 
to title II shall be considered to refer to this Act, 
and except that ownership of heir property shall not 
be treated as owning a home for purposes of deter-
VerDate Sep 11 2014 
19:54 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
mining whether a borrower qualifies as a first-time 
homebuyer. 
(3) 
FIRST-GENERATION
HOMEBUYER.—The 
term ‘‘first-generation homebuyer’’ means a home-
buyer that is, as self-attested by the homebuyer— 
(A) an individual— 
(i) whose parents or legal guardians 
do not, or did not at the time of their 
death, to the best of the individual’s knowl-
edge, have any present ownership interest 
in a residence in any State, excluding own-
ership of heir property or ownership of 
chattel; and 
(ii) whose spouse or domestic partner 
has not, during the 3-year period ending 
upon acquisition of the eligible home to be 
acquired using such assistance, had any 
present ownership interest in a residence 
in any State, excluding ownership of heir 
property or ownership of chattel, whether 
the individual is a co-borrower on the loan 
or not; or 
(B) an individual who has at any time 
been placed in foster care or institutional care 
whose spouse or domestic partner has not, dur-
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
ing the 3-year period ending upon acquisition of 
the eligible home to be acquired using such as-
sistance, had any ownership interest in a resi-
dence in any State, excluding ownership of heir 
property or ownership of chattel, whether such 
individuals are co-borrowers on the loan or not. 
(b) RELIANCE ON BORROWER ATTESTATIONS.—No 
additional documentation beyond the borrower’s attesta-
tion shall be required to demonstrate eligibility under 
paragraph (3) of subsection (a), and no creditor shall be 
subject to liability, including monetary penalties or re-
quirements to indemnify a Federal agency or repurchase 
a loan that has been sold or securitized, for the provision 
of downpayment assistance under this Act to a borrower 
who does not meet the eligibility requirements if the cred-
itor does so in good faith reliance on borrower attestations 
of eligibility required by this Act or regulation. 
SEC. 4. ELIGIBLE HOMES. 
(a) IN GENERAL.—Assistance from grant amounts 
under this Act may be provided only in connection with 
the acquisition by a qualified homebuyer of a residential 
property that— 
(1) consists of 1 to 4 dwelling units; and 
(2) will be occupied by the qualified homebuyer, 
in accordance with such assurances and commit-
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
ments as the Secretary shall require, as the primary 
residence of the homebuyer, subject to section 3. 
(b) REPAYMENT OF ASSISTANCE.— 
(1) REQUIREMENT.—The Secretary shall re-
quire that, if a homebuyer to or on behalf of whom 
assistance is provided from grant amounts under 
this Act fails or ceases to occupy the property ac-
quired using such assistance as the primary resi-
dence of the homebuyer, except in the case of assist-
ance provided in connection with the purchase of a 
principal residence through a shared equity home-
ownership program, the homebuyer shall repay to 
the State or eligible entity, as applicable, in a pro-
portional amount of the assistance the homebuyer 
receives based on the number of years they have oc-
cupied the eligible home up to 5 years, except that 
no assistance shall be repaid if the qualified home-
buyer occupies the eligible home as a primary resi-
dence for 5 years or more. 
(2) LIMITATION.—Notwithstanding subpara-
graph (A), a homebuyer to or on behalf of whom as-
sistance is provided from grant amounts under this 
Act shall not be liable to the State or eligible entity 
for the repayment of the amount of such shortage 
if the homebuyer fails or ceases to occupy the prop-
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
erty acquired using such assistance as the principal 
residence of the homebuyer at least in part because 
of a hardship, or sells the property acquired with 
such assistance before the expiration of the 60- 
month period beginning on such date of acquisition 
and the capital gains from such sale to a bona fide 
purchaser in an arm’s length transaction are less 
than the amount the homebuyer is required to repay 
the State or eligible entity under subparagraph (A). 
SEC. 5. ELIGIBLE MORTGAGE LOANS. 
Assistance from grant amounts under this Act may 
be provided only in connection with the acquisition of an 
eligible home involving a residential mortgage loan that— 
(1) meets the underwriting requirements and 
dollar amount limitations for acquisition by the Fed-
eral National Mortgage Association or the Federal 
Home Loan Mortgage Corporation; 
(2) is made, insured, or guaranteed under any 
program administered by the Secretary; 
(3) is made, insured, or guaranteed by the 
Rural Housing Administrator of the Department of 
Agriculture; 
(4) is a qualified mortgage, as such term is de-
fined in section 129C(b)(2) of the Truth in Lending 
Act (15 U.S.C. 1639c(b)(2)); or 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(5) is guaranteed for the benefit of a veteran. 
SEC. 6. HOUSING COUNSELING REQUIREMENT. 
(a) IN GENERAL.—Except as provided pursuant to 
section 3, assistance with grant amounts under this Act 
may not be provided on behalf of qualified homebuyer un-
less such homebuyer has completed a program of coun-
seling with respect to the responsibilities and financial 
management involved in homeownership before entering 
into a sales purchase agreement or loan application, except 
as provided under subsection (c), as the Secretary shall 
require, provided through a counseling agency approved 
by the Secretary. Such program may be delivered in-per-
son, virtually, by telephone, or any other method the Sec-
retary determines acceptable and shall include providing 
information on fair housing rights and on the availability 
of post-purchase housing counseling opportunities and in-
struction on how to file a fair housing complaint. 
(b) ALTERNATIVE REQUIREMENT.—The Secretary 
shall provide that if a qualified homebuyer is unable to 
complete the requirement under subsection (a) within 30 
days due to housing counseling agency capacity issues, a 
State or eligible entity may allow such qualified home-
buyer to complete alternative homebuyer education to ful-
fill the requirement under subsection (a), including home-
buyer education that is provided through an online plat-
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
form, and such qualified homebuyer shall be made aware 
of the availability of post-purchase housing counseling op-
portunities. 
(c) REFERRAL UPON MORTGAGE DENIAL.—The Sec-
retary shall require that any qualified homebuyer who has 
completed a counseling program referred to in subsection 
(a) or alternative requirement pursuant to subsection (b), 
who receives a commitment for assistance with grant 
amounts under this Act and who applies for an eligible 
mortgage loan for acquisition of an eligible home and is 
denied such mortgage loan, shall be referred to a coun-
seling agency described in subsection (a) for counseling 
relating to such denial and for re-qualification. An eligible 
homebuyer may be re-qualified at least one additional time 
in a calendar year, or more as determined by the Sec-
retary. 
(d) FUNDING.—Of any amounts appropriated to 
carry out this Act, the Secretary shall use not less than 
5 percent for costs of providing counseling referred to in 
subsection (a). 
SEC. 7. ADMINISTRATIVE COSTS. 
States and eligible entities receiving grant amounts 
under this Act may use a portion of such amounts for 
administrative costs up to the limit specified by the Sec-
retary. 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
SEC. 8. REPORTS. 
(a) IN GENERAL.—For each fiscal year during which 
the Secretary makes grants under this Act, the Secretary 
shall submit to the Congress, and make publicly available 
online in an easily accessible location on the website of 
the Department, a report that shall include— 
(1) demographic information regarding appli-
cants for and recipients of assistance provided pur-
suant to this Act, including race, ethnicity, and gen-
der; 
(2) information regarding the types and amount 
of assistance provided, including downpayment as-
sistance, assistance with closing costs, and assist-
ance to reduce mortgage loan interest rates; and 
(3) information regarding properties acquired 
using such assistance, including location, property 
value, property type, and first mortgage type and in-
vestor. 
All data shall be disaggregated by ZIP Code or census 
tract level, whichever is most feasible, and demographic 
information, including race, ethnicity, and gender, and any 
other data points the Secretary deems appropriate espe-
cially to observe equitable outcomes to ensure the program 
is affirmatively furthering fair housing. 
(b) CAPACITY BUILDING.—Of any amounts appro-
priated to carry out this Act, the Secretary shall use not 
VerDate Sep 11 2014 
19:54 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
more than 1 percent to assist States and eligible entities 
to develop capacity to meet the reporting requirements 
under subsection (a). The Secretary shall encourage 
States and eligible entities to consult with community- 
based and nonprofit organizations that have as their mis-
sion to advance fair housing and fair lending. 
(c) PRIVACY REQUIREMENTS.— 
(1) IN GENERAL.—Each State and eligible enti-
ty that receives a grant under this Act shall estab-
lish data privacy and security requirements for the 
information described in subsection (a) that— 
(A) include appropriate measures to ensure 
that the privacy of the individuals and house-
holds is protected; 
(B) provide that the information, including 
any personally identifiable information, is col-
lected and used only for the purpose of submit-
ting reports under subsection (a); and 
(C) provide confidentiality protections for 
data collected about any individuals who are 
survivors of intimate partner violence, sexual 
assault, or stalking. 
(2) STATISTICAL RESEARCH.— 
(A) IN GENERAL.—The Secretary— 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(i) may provide full and unredacted 
information provided under subsection (a), 
including personally identifiable informa-
tion, for statistical research purposes in ac-
cordance with existing law; and 
(ii) may collect and make available for 
statistical research, at the census tract 
level, information collected under para-
graph (1). 
(B) APPLICATION
OF
PRIVACY
REQUIRE-
MENTS.—A recipient of information under sub-
paragraph (A) shall establish for such informa-
tion the data privacy and security requirements 
described in paragraph (1). 
SEC. 9. COMPELLING INTEREST STUDY. 
The Secretary, in consultation with the Attorney 
General, shall survey and compile evidence to determine 
whether or not there is a sufficient history of discrimina-
tion in housing and, if so, the appropriate remedy to re-
dress such historic discrimination. The Secretary shall 
make conclusions and recommendations based on the evi-
dence and provide States and eligible entities granted 
awards under this Act an opportunity to modify their pro-
grams for assistance under this Act according to such rec-
ommendations. 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
SEC. 10. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) AFFIRMATIVELY
FURTHER
FAIR
HOUS-
ING.—The term ‘‘affirmatively further fair housing’’ 
has the same meaning as defined by the Secretary 
to implement section 808(e)(5) of the Fair Housing 
Act (42 U.S.C. 3608(e)(5)). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a minority depository institution, as 
such term is defined in section 308 of the Fi-
nancial Institutions Reform, Recovery, and En-
forcement Act of 1989 (12 U.S.C. 1463 note); 
(B) a community development financial in-
stitution, as such term is defined in section 103 
of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (12 
U.S.C. 4702), that is certified by the Secretary 
of the Treasury and targets services to minority 
and low-income populations or provides services 
in neighborhoods having high concentrations of 
minority and low-income populations; 
(C) any other nonprofit, mission-driven en-
tity that the Secretary finds has a track record 
of providing assistance to homeowners, targets 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
services to minority and low-income popu-
lations, or provides services in neighborhoods 
having high concentrations of minority and low- 
income population; and 
(D) a unit of general local government, as 
such term is defined in section 102 of the 
Housing and Community Development Act of 
1974 (42 U.S.C. 5302). 
(3) ELIGIBLE
HOME.—The term ‘‘eligible 
home’’ means a residential dwelling, including a unit 
in a condominium or cooperative project or a manu-
factured housing unit, that meets the requirements 
of section 4. 
(4) ELIGIBLE MORTGAGE LOAN.—The term ‘‘el-
igible mortgage loan’’ means a residential mortgage 
loan that meets the requirements of section 5. 
(5) HEIR
PROPERTY.—The term ‘‘heir prop-
erty’’ means residential property for which title 
passed by operation of law through intestacy and is 
held by two or more heirs as tenants in common. 
(6) OWNERSHIP INTEREST.—The term ‘‘owner-
ship interest’’ means any ownership, excluding any 
interest in heir property, in— 
(A) real estate in fee simple; 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(B) a leasehold on real estate under a lease 
for not less than ninety-nine years which is re-
newable; or 
(C) a fee interest in, or long-term leasehold 
interest in, real estate consisting of a one-family 
unit in a multifamily project, including a 
project in which the dwelling units are attached, 
or are manufactured housing units, semi-de-
tached, or detached, and an undivided interest 
in the common areas and facilities which serve 
the project. 
(7) 
QUALIFIED
HOMEBUYER.—The 
term 
‘‘qualified homebuyer’’ means a homebuyer who 
meets the requirements of section 3, and includes 
homebuyers consisting of multiple individuals, co- 
purchasers, and multi-member households. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(9) SHARED
EQUITY
HOMEOWNERSHIP
PRO-
GRAM.—The term ‘‘shared equity homeownership 
program’’ means affordable homeownership preser-
vation through a resale restriction program adminis-
tered by a community land trust, other nonprofit or-
ganization, or State or local government or instru-
mentalities. 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS
(10) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUAL.—The term ‘‘socially and eco-
nomically disadvantaged individual’’ means an indi-
vidual who meets the following requirements: 
(A) SOCIAL DISADVANTAGE.— 
(i) IN GENERAL.—The individual is a 
member of a socially disadvantaged group, 
whose members have historically been sub-
jected to racial or ethnic discrimination 
within the United States because of their 
identity as members of such group without 
regard to their individual qualities. 
(ii) PRESUMPTION; REBUTTAL.—An 
individual identifying as Black, Hispanic, 
Native American, or Asian American, or 
any combination thereof, shall be presumed 
to be socially disadvantaged for purposes 
of clause (i). Such presumption may be re-
butted with credible evidence to the con-
trary. 
(iii) BURDEN
OF
PROOF.—An indi-
vidual who does not identify as described 
in clause (ii) shall be required to establish 
individual social disadvantage for purposes 
VerDate Sep 11 2014 
19:20 Jul 31, 2023
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4231.IH
H4231
ddrumheller on DSK120RN23PROD with BILLS