I 

118TH CONGRESS 

1ST SESSION H. R. 613 

To establish a process for the creation of minority impact assessments to 

determine whether pending bills, if enacted, are likely to create or exacerbate disparate outcomes among racial or ethnic minority groups, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2023 

Mr. TORRES of New York (for himself, Ms. KAMLAGER-DOVE, and Ms. 

CROCKETT) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To establish a process for the creation of minority impact 

assessments to determine whether pending bills, if enacted, are likely to create or exacerbate disparate outcomes among racial or ethnic minority groups, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wayne Ford Racial 

5 Impact Statement Act of 2023’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Minority impact assessments are a tool for 

2 lawmakers to evaluate potential disparities of pro3 posed legislation prior to adoption and implementa4 tion. 

5 (2) There are 5,000 criminal penalties in Fed6 eral law and the number of Federal statutes car7 rying a criminal penalty has increased by 50 percent 

8 since the 1980s. 

9 (3) The enactment of criminal laws and pen10 alties is a serious matter and the legislative process 

11 should reflect the gravity of this process. 

12 (4) The United States Sentencing Commission 

13 was created to reduce sentencing disparities, which 

14 provides a strong foundation for equity action in this 

15 branch of Government. 

16 (5) Criminal laws conceived and voted on in 

17 haste can lead to the enactment of unnecessary, du18 plicative, ineffective, or prejudicial criminal pen19 alties. 

20 (6) In 2008, Iowa was the first State to enact 

21 minority impact assessment legislation, authored by 

22 former State Representative Wayne Ford, requiring 

23 that criminal justice legislation be evaluated with re24 spect to whether it will disproportionately impact 

25 specified minority groups. 


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1 (7) The Iowa law created a measurable decline 

2 in Black incarceration rates from 13.6 per 1 White 

3 resident to 9 to 1 White residents, demonstrating 

4 that minority impact assessments can effectively ad5 dress disparities in lawmaking and sentencing. 

6 (8) Similar legislation has since been considered 

7 or enacted in New York, Arizona, Arkansas, Cali8 fornia, Florida, Hawaii, Illinois, Kentucky, Lou9 isiana, Maryland, Michigan, Minnesota, Mississippi, 

10 Missouri, Nebraska, New Mexico, Ohio, Oklahoma, 

11 Pennsylvania, Texas, Utah, Vermont, Washington, 

12 Wisconsin, Connecticut, Oregon, New Jersey, Colo13 rado, Maine, and Virginia. 

14 (9) The NAACP and the National Black Cau15 cus of State Legislators have adopted resolutions in 

16 support of Federal legislation providing for the use 

17 of minority impact assessments. 

18 (10) Precedent for adopting procedural meas19 ures that increase critical deliberation and require 

20 independent analysis at the Federal level of racial 

21 disparities in criminal justice already exists in the 

22 form of scores from the Congressional Budget Of23 fice. 

24 (11) Deeply rooted discriminatory policies and 

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1 ities and cycles of poverty and hardship, stigmatize 

2 and exclude people with criminal records, and im3 pede community integration. 

4 (12) Requiring an independent assessment with 

5 sobering information on the impact of legislation 

6 that adds or increases criminal penalties is one way 

7 to level the inequities that disproportionately impact 

8 people of color, LGBTQ individuals, individuals with 

9 disabilities, and other vulnerable groups in sen10 tencing. 

11 (13) Congress must institutionalize a more de12 liberate and evidence-based process prior to voting to 

13 criminalize conduct and impose harsh sentences. 

14 (b) PURPOSE.—The purpose of this Act is to provide 

15 a tool for lawmakers and Federal agencies to determine 

16 whether pending bills and proposed rules, if enacted, are 

17 likely to create or exacerbate disparate outcomes among 

18 racial or ethnic minority groups. 

19 SEC. 3. MINORITY IMPACT ASSESSMENT REQUIREMENTS. 

20 (a) MINORITY IMPACT ASSESSMENTS ON LEGISLA21 TION.—The Comptroller General of the United States, in 

22 consultation with the Sentencing Commission and the Ad23 ministrative Office of the United States Courts, shall pre24 pare and submit a minority impact assessment to Con25 gress on a covered bill or joint resolution prior to the conVerDate Sep 11 2014 05:23 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H613.IH H613

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1 sideration of such a bill or joint resolution on the floor 

2 of the House of Representatives or of the Senate. 

3 (b) MINORITY IMPACT ASSESSMENTS ON RULES.— 

4 The Comptroller General of the United States, in con5 sultation with the Sentencing Commission and the Admin6 istrative Office of the United States Courts, shall prepare 

7 and publish in the Federal Register along with the general 

8 notice of proposed rulemaking required under section 553 

9 of title 5, United States Code, a minority impact assess10 ment to Congress on a covered rule. 

11 (c) MINORITY IMPACT ASSESSMENT PREPARED

12 UPON REQUEST.—A member of Congress may request 

13 from the Comptroller General of the United States a mi14 nority impact assessment on a covered bill or joint resolu15 tion. The Comptroller General of the United States shall 

16 prepare and submit to Congress such a minority impact 

17 assessment not later than 21 days after receiving such a 

18 request. 

19 (d) MINORITY IMPACT ASSESSMENT.—A minority 

20 impact assessment shall include— 

21 (1) detailed projections of the impact of the 

22 covered bill or joint resolution or covered rule on 

23 pretrial, prison, probation, and post-prison super24 vision populations, including— 


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1 (A) whether the covered bill or joint resolu2 tion or covered rule would have a negative im3 pact, no impact, a positive impact, a minimal 

4 impact, or an unknown impact on such popu5 lations; 

6 (B) the impact of the covered bill or joint 

7 resolution or covered rule on correctional facili8 ties and services, including any changes to the 

9 operation costs for correctional facilities, and 

10 any decrease or increase in the populations of 

11 individuals incarcerated in correctional facili12 ties; and 

13 (C) a statistical analysis of how the cov14 ered bill or joint resolution or covered rule 

15 would impact pretrial, prison, probation, and 

16 post-prison supervision populations, 

17 disaggregated by race, ethnicity, disability, gen18 der, and sexual orientation; 

19 (2) an estimate of the fiscal impact of the cov20 ered bill or joint resolution or covered rule on Fed21 eral expenditures, including expenditures on con22 struction and operation of correctional facilities for 

23 the current fiscal year and 5 succeeding fiscal years; 

24 (3) an analysis of any other significant factor 

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1 tion or covered rule and its impact on the operations 

2 of components of the criminal justice system; and 

3 (4) a detailed and comprehensive statement of 

4 the methodologies and assumptions utilized in pre5 paring the minority impact assessment. 

6 (e) ANNUAL ASSESSMENT.—The Comptroller Gen7 eral of the United States shall prepare and transmit to 

8 the Congress, by March 1 of each year, a minority impact 

9 assessment reflecting the cumulative effect of all relevant 

10 changes in the law taking effect during the preceding cal11 endar year. 

12 (f) PUBLIC AVAILABILITY.—Not later than 30 days 

13 after preparing a minority impact statement under sub14 section (a) or (c)— 

15 (1) the Comptroller General of the United 

16 States shall publish such minority impact statement 

17 on the website of the Government Accountability Of18 fice; and 

19 (2) the sponsor of such covered bill or joint res20 olution shall submit such minority impact statement 

21 for publication in the Congressional Record. 

22 (g) DEFINITIONS.—In this section: 

23 (1) COVERED BILL OR JOINT RESOLUTION.— 

24 (A) IN GENERAL.—The term ‘‘covered bill 

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1 tion that is referred to the Subcommittee on 

2 Crime, Terrorism, and Homeland Security of 

3 the Committee on the Judiciary of the House of 

4 Representatives or the Subcommittee on Crimi5 nal Justice and Counterterrorism of the Com6 mittee on the Judiciary of the Senate and 

7 that— 

8 (i) establishes a new crime or offense; 

9 (ii) could increase or decrease the 

10 number of persons incarcerated in Federal 

11 penal institutions; 

12 (iii) modifies a crime or offense or the 

13 penalties associated with a crime or offense 

14 established under current law; or 

15 (iv) modifies procedures under current 

16 law for pretrial detention, sentencing, pro17 bation, and post-prison supervision. 

18 Such term includes a bill or joint resolution 

19 that applies to youth or juveniles. 

20 (B) TREATMENT OF CERTAIN BILLS CON21 SIDERED UNDER RULE.—A bill or joint resolu22 tion which, upon introduction in the House of 

23 Representatives, is not referred to the Sub24 committee on Crime, Terrorism, and Homeland 

25 Security of the Committee on the Judiciary 


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1 shall be treated as a covered bill or joint resolu2 tion under this Act if— 

3 (i) the bill or joint resolution is con4 sidered in the House of Representatives 

5 pursuant to a rule reported by the Com6 mittee on Rules; and 

7 (ii) the bill or joint resolution would 

8 have been referred to such subcommittee 

9 upon introduction if the text of the bill or 

10 joint resolution as introduced in the House 

11 were identical to the text of the bill or joint 

12 resolution as considered in the House pur13 suant to the rule. 

14 (2) COVERED RULE.—The term ‘‘covered rule’’ 

15 means a rule (as such term is defined in section 551 

16 of title 5, United States Code) that— 

17 (A) could increase or decrease the number 

18 of persons incarcerated in Federal penal institu19 tions; 

20 (B) modifies a crime or offense or the pen21 alties associated with a crime or offense estab22 lished under current law; or 

23 (C) modifies procedures under current law 

24 for pretrial detention, sentencing, probation, 

25 and post-prison supervision. 


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1 Such term includes a rule that applies to youth or 

2 juveniles. 

Æ 


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