,i #aahth ,,congress #ast ,session ,h4 ,r4 #fac ,,in ,,the ,,house ,,of ,,representatives ,january #bg1 #bjbc ,mr4 ,torres of ,new ,york 7for himself1 ,ms4 ,kamlager-,dove1 and ,ms4 ,crockett7 introduced the following bill2 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 bills1 if enacted1 are likely to create or exacerbate disparate outcomes among racial or ethnic minority groups1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wayne ,ford ,racial ,impact ,statement ,act of #bjbc4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds the following3 7#a7 ,minority impact assessments are a tool for lawmakers to evaluate potential disparities of proposed legislation prior to adoption and implementation4 7#b7 ,there are #e1jjj criminal penalties in ,federal law and the number of ,federal statutes carrying a criminal penalty has increased by #ej percent since the #aihjs4 7#c7 ,the enactment of criminal laws and penalties is a serious matter and the legislative process should reflect the gravity of this process4 7#d7 ,the ,united ,states ,sentencing ,commission was created to reduce sentencing disparities1 which provides a strong foundation for equity action in this branch of ,government4 7#e7 ,criminal laws conceived and voted on in haste can lead to the enactment of unnecessary1 duplicative1 ineffective1 or prejudicial criminal penalties4 7#f7 ,in #bjjh1 ,iowa was the first ,state to enact minority impact assessment legislation1 authored by former ,state ,representative ,wayne ,ford1 requiring that criminal justice legislation be evaluated with respect to whether it will disproportionately impact specified minority groups4 7#g7 ,the ,iowa law created a measurable decline in ,black incarceration rates from #ac4f per #a ,white resident to #i to #a ,white residents1 demonstrating that minority impact assessments can effectively address disparities in lawmaking and sentencing4 7#h7 ,similar legislation has since been considered or enacted in ,new ,york1 ,arizona1 ,arkansas1 ,california1 ,florida1 ,hawaii1 ,illinois1 ,kentucky1 ,louisiana1 ,maryland1 ,michigan1 ,minnesota1 ,mississippi1 ,missouri1 ,nebraska1 ,new ,mexico1 ,ohio1 ,oklahoma1 ,pennsylvania1 ,texas1 ,utah1 ,vermont1 ,washington1 ,wisconsin1 ,connecticut1 ,oregon1 ,new ,jersey1 ,colorado1 ,maine1 and ,virginia4 7#i7 ,the ,,naacp and the ,national ,black ,caucus of ,state ,legislators have adopted resolutions in support of ,federal legislation providing for the use of minority impact assessments4 7#aj7 ,precedent for adopting procedural measures that increase critical deliberation and require independent analysis at the ,federal level of racial disparities in criminal justice already exists in the form of scores from the ,congressional ,budget ,office4 7#aa7 ,deeply rooted discriminatory policies and practices in our legal system fuel systemic inequalities and cycles of poverty and hardship1 stigmatize and exclude people with criminal records1 and impede community integration4 7#ab7 ,requiring an independent assessment with sobering information on the impact of legislation that adds or increases criminal penalties is one way to level the inequities that disproportionately impact people of color1 ,,lgbtq individuals1 individuals with disabilities1 and other vulnerable groups in sentencing4 7#ac7 ,congress must institutionalize a more deliberate and evidence-based process prior to voting to criminalize conduct and impose harsh sentences4 7b7 ,purpose ,the purpose of this ,act is to provide a tool for lawmakers and ,federal agencies to determine whether pending bills and proposed rules1 if enacted1 are likely to create or exacerbate disparate outcomes among racial or ethnic minority groups4 #c4 ,minority impact assessment requirements 7a7 ,minority impact assessments on legislation ,the ,comptroller ,general of the ,united ,states1 in consultation with the ,sentencing ,commission and the ,administrative ,office of the ,united ,states ,courts1 shall prepare and submit a minority impact assessment to ,congress on a covered bill or joint resolution prior to the consideration of such a bill or joint resolution on the floor of the ,house of ,representatives or of the ,senate4 7b7 ,minority impact assessments on rules ,the ,comptroller ,general of the ,united ,states1 in consultation with the ,sentencing ,commission and the ,administrative ,office of the ,united ,states ,courts1 shall prepare and publish in the ,federal ,register along with the general notice of proposed rulemaking required under section #eec of title #e1 ,united ,states ,code1 a minority impact assessment to ,congress on a covered rule4 7c7 ,minority impact assessment prepared upon request ,a member of ,congress may request from the ,comptroller ,general of the ,united ,states a minority impact assessment on a covered bill or joint resolution4 ,the ,comptroller ,general of the ,united ,states shall prepare and submit to ,congress such a minority impact assessment not later than #ba days after receiving such a request4 7d7 ,minority impact assessment ,a minority impact assessment shall include-- 7#a7 detailed projections of the impact of the covered bill or joint resolution or covered rule on pretrial1 prison1 probation1 and post-prison supervision populations1 including-- 7,a7 whether the covered bill or joint resolution or covered rule would have a negative impact1 no impact1 a positive impact1 a minimal impact1 or an unknown impact on such populations2 7,b7 the impact of the covered bill or joint resolution or covered rule on correctional facilities and services1 including any changes to the operation costs for correctional facilities1 and any decrease or increase in the populations of individuals incarcerated in correctional facilities2 and 7,c7 a statistical analysis of how the covered bill or joint resolution or covered rule would impact pretrial1 prison1 probation1 and post-prison supervision populations1 disaggregated by race1 ethnicity1 disability1 gender1 and sexual orientation2 7#b7 an estimate of the fiscal impact of the covered bill or joint resolution or covered rule on ,federal expenditures1 including expenditures on construction and operation of correctional facilities for the current fiscal year and #e succeeding fiscal years2 7#c7 an analysis of any other significant factor affecting the cost of the covered bill or joint resolution or covered rule and its impact on the operations of components of the criminal justice system2 and 7#d7 a detailed and comprehensive statement of the methodologies and assumptions utilized in preparing the minority impact assessment4 7e7 ,annual assessment ,the ,comptroller ,general of the ,united ,states shall prepare and transmit to the ,congress1 by ,march #a of each year1 a minority impact assessment reflecting the cumulative effect of all relevant changes in the law taking effect during the preceding calendar year4 7f7 ,public availability ,not later than #cj days after preparing a minority impact statement under subsection 7a7 or 7c7-- 7#a7 the ,comptroller ,general of the ,united ,states shall publish such minority impact statement on the website of the ,government ,accountability ,office2 and 7#b7 the sponsor of such covered bill or joint resolution shall submit such minority impact statement for publication in the ,congressional ,record4 7g7 ,definitions ,in this section3 7#a7 ,covered bill or joint resolution 7,a7 ,in general ,the term covered bill or joint resolution means a bill or joint resolution that is referred to the ,subcommittee on ,crime1 ,terrorism1 and ,homeland ,security of the ,committee on the ,judiciary of the ,house of ,representatives or the ,subcommittee on ,criminal ,justice and ,counterterrorism of the ,committee on the ,judiciary of the ,senate and that-- 7i7 establishes a new crime or offense2 7ii7 could increase or decrease the number of persons incarcerated in ,federal penal institutions2 7iii7 modifies a crime or offense or the penalties associated with a crime or offense established under current law2 or 7iv7 modifies procedures under current law for pretrial detention1 sentencing1 probation1 and post-prison supervision4 ,such term includes a bill or joint resolution that applies to youth or juveniles4 7,b7 ,treatment of certain bills considered under rule ,a bill or joint resolution which1 upon introduction in the ,house of ,representatives1 is not referred to the ,subcommittee on ,crime1 ,terrorism1 and ,homeland ,security of the ,committee on the ,judiciary shall be treated as a covered bill or joint resolution under this ,act if-- 7i7 the bill or joint resolution is considered in the ,house of ,representatives pursuant to a rule reported by the ,committee on ,rules2 and 7ii7 the bill or joint resolution would have been referred to such subcommittee upon introduction if the text of the bill or joint resolution as introduced in the ,house were identical to the text of the bill or joint resolution as considered in the ,house pursuant to the rule4 7#b7 ,covered rule ,the term covered rule means a rule 7as such term is defined in section #eea of title #e1 ,united ,states ,code7 that-- 7,a7 could increase or decrease the number of persons incarcerated in ,federal penal institutions2 7,b7 modifies a crime or offense or the penalties associated with a crime or offense established under current law2 or 7,c7 modifies procedures under current law for pretrial detention1 sentencing1 probation1 and post-prison supervision4 ,such term includes a rule that applies to youth or juveniles4