[Congressional Record Volume 154, Number 113 (Thursday, July 10, 2008)]
[Senate]
[Pages S6565-S6567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Specter, Mr. Cardin, and Mr. 
        Kerry):
  S. 3245. A bill to increase public confidence in the justice system 
and address any unwarranted racial and ethnic disparities in the 
criminal process; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, the Constitution guarantees all Americans 
the right to the equal protection of the law. Nowhere is the guarantee 
of equal protection more important than in our criminal justice system. 
In a criminal justice system that imprisons a record 2.3 million, even 
the perception of bias on the basis of race, ethnicity, or any other 
protected class is unacceptable and should be guarded against at all 
costs.
  Unfortunately, studies, reports, and case law from the last several 
years have documented racial disparities during many of the stages of 
the criminal justice system--law enforcement contact with a suspect, 
arrest, charging, plea bargaining, jury selection, and sentencing. 
Nowhere are the effects of these racial disparities more evident than 
in our prisons. By some estimates, nearly three-quarters of prisoners 
in the United States are either African-American or Hispanic. One of 
every three African-American men born today can expect to go to prison 
in his lifetime. These numbers, and studies and reports that show 
similar disparities during other stages of the criminal justice 
process, engender a crisis of public trust in the integrity of our 
criminal justice system and raise the possibility that we are failing 
to make good on the constitutional promise of equal protection.
  Both the reality and the perception of inappropriate disparate 
treatment of minorities in the justice system erode respect for the law 
and undermine public safety.
  Communities become increasingly reluctant to report crimes to and 
cooperate with police and prosecutors. They become reluctant to 
participate in juries and, when they do participate, to vote for 
conviction where the defendant is a minority. To fulfill the promise of 
the Constitution, and to effectively fight crime and deliver impartial 
justice, it is essential to identify and address unjustified 
disparities in the criminal justice system.
  The Justice Integrity Act establishes a pilot program within the 
Justice Department to identify and eliminate unjustified disparities in 
the administration of justice. Ten U.S. Attorneys designated by the 
Attorney General will each appoint and chair an advisory group, 
composed of Federal and State prosecutors and defenders, private 
defense counsel, Federal and State judges, correctional officers, 
victims' rights representatives, Civil Rights organizations, business 
representatives and faith-based organizations engaged in criminal 
justice work.
  The advisory group will systematically gather and examine data 
regarding the criminal process in its district and seek to determine 
the causes of any racial or ethnic disparity. The advisory group will 
produce a report on its findings and recommend a plan to reduce any 
unwarranted racial and ethnic disparities and thereby increase public 
confidence in the criminal justice system. The U.S. Attorney will 
consider the advisory group's recommendations and adopt a plan and

[[Page S6566]]

submit a report to the Attorney General. At the end of the pilot 
program, the Attorney General will produce a comprehensive report to 
Congress on the results of the pilot program in all ten districts and 
recommend best-practices.
  The Justice Integrity Act has been endorsed by the National Criminal 
Justice Association, The Sentencing Project, the American Bar 
Association, and a number of former United States Attorneys. I am proud 
to introduce this important bill with the support of my colleagues and 
friends--Senators Arlen Specter, John Kerry, and Ben Cardin. We urge 
other members to join us.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3245

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Justice Integrity Act of 
     2008''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the pursuit of justice requires the fair application of 
     the law;
       (2) racial and ethnic disparities in the criminal process 
     have contributed to a growing perception of bias in the 
     criminal justice system;
       (3) there are a variety of possible causes of disparities 
     in criminal justice statistics among racial and ethnic groups 
     and these causes may differ throughout the United States, 
     including factors such as--
       (A) varying levels of criminal activity among racial and 
     ethnic groups and legitimate law enforcement response to that 
     criminal activity; and
       (B) racial discrimination, ethnic and cultural 
     insensitivity, or unconscious bias;
       (4) the Nation would benefit from an understanding of all 
     factors causing a disparate impact on the criminal justice 
     system; and
       (5) programs that promote fairness will increase public 
     confidence in the criminal justice system, increase public 
     safety, and further the pursuit of justice.

     SEC. 3. PILOT PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall establish a 
     pilot program in 10 United States districts in order to 
     promote fairness, and the perception of fairness, in the 
     Federal criminal justice system, and to determine whether 
     legislation is required.
       (b) Program Requirements.--
       (1) U.S. attorneys.--The Attorney General shall designate, 
     in accordance with paragraph (3), 10 United States Attorneys 
     who shall each implement a plan in accordance with section 4, 
     beginning not later than 1 month after those United states 
     Attorneys are designated by the Attorney General.
       (2) Purpose.--The purposes of the plans required by this 
     section are--
       (A) to gather racial and ethnic data on investigations and 
     prosecutions in the United States districts and the causes of 
     disparities, if any;
       (B) to determine the extent to which the communities' 
     perception of bias has affected confidence in the Federal 
     criminal justice system;
       (C) to analyze whether measures may be taken to reduce 
     unwarranted disparities, if any, and increase confidence in 
     the criminal justice system; and
       (D) to make recommendations, to the extent possible, to 
     ensure that law enforcement priorities and initiatives, 
     charging and plea bargaining decisions, sentencing 
     recommendations, and other steps within the criminal process 
     are not influenced by racial and ethnic stereotyping or bias, 
     and do not produce unwarranted disparities from otherwise 
     neutral laws or policies.
       (3) Criteria for selection.--
       (A) In general.--The 10 pilot districts referred to in 
     subsection (a) shall include districts of varying 
     compositions with respect to size, case load, geography, and 
     racial and ethnic composition.
       (B) Metropolitan areas.--At least 3 of the United States 
     attorneys designated by the Attorney General shall be in 
     Federal districts encompassing metropolitan areas.

     SEC. 4. PLAN AND REPORT.

       (a) In General.--
       (1) United states attorney.--Each United States Attorney 
     shall, in consultation with an advisory group appointed in 
     accordance with paragraph (2), develop and implement a plan 
     in accordance with subsections (b) and (c).
       (2) Advisory group.--
       (A) Appointment.--Not later then 90 days after designation 
     by the Attorney General, the United States Attorney in each 
     of the 10 pilot districts selected pursuant to section 3 
     shall appoint an advisory group, after consultation with the 
     chief judge of the district and criminal justice 
     professionals within the district.
       (B) Membership.--The advisory group of a United States 
     Attorney shall include--
       (i) 1 or more senior social scientists with expertise in 
     research methods or statistics; and
       (ii) individuals and entities who play important roles in 
     the criminal justice process and have broad-based community 
     representation such as--

       (I) Federal and State prosecutors;
       (II) Federal and State defenders, if applicable in the 
     district, and private defense counsel;
       (III) Federal and State judges;
       (IV) Federal and State law enforcement officials and union 
     representatives;
       (V) parole and probation officers;
       (VI) correctional officers;
       (VII) victim's rights representatives;
       (VIII) civil rights organizations;
       (IX) business and professional representatives; and
       (X) faith-based organizations who do criminal justice work.

       (C) Term limit.--Subject to subparagraph (D), a member of 
     the advisory group shall not serve longer than 5 years.
       (D) Permanent members.--Notwithstanding subparagraph (C), 
     the following shall be permanent members of the advisory 
     group for that district:
       (i) The chief judge for the judicial district.
       (ii) The Federal defender for the judicial district.
       (iii) The United States Attorney for the judicial district.
       (E) Reporter.--The United States Attorney may designate a 
     reporter for each advisory group, who may be compensated in 
     accordance with guidelines established by the Executive 
     Office of the United States Attorneys.
       (F) Independent contractors.--The members of an advisory 
     group of a United States Attorney and any person designated 
     as a reporter for such group--
       (i) shall be considered independent contractors of the 
     United States Attorney's Office when in the performance of 
     official duties of the advisory group; and
       (ii) may not, solely by reason of service on or for the 
     advisory group, be prohibited from practicing law before any 
     court.
       (b) Development and Implementation of a Plan and Report.--
       (1) Advisory group report.--The advisory group appointed 
     under subsection (a)(2) shall--
       (A)(i) systematically collect and analyze quantitative data 
     on the race and ethnicity of the defendant and victim at each 
     stage of prosecution, including case intake, bail requests, 
     declinations, selection of charges, diversion from 
     prosecution or incarceration, plea offers, sentencing 
     recommendations, fast-track sentencing, and use of 
     alternative sanctions; and
       (ii) at a minimum, collect aggregate data capable of 
     individualization and tracking through the system so that any 
     cumulative racial or ethnic disadvantage can be analyzed;
       (B) seek to determine the causes of racial and ethnic 
     disparities in a district, and whether these disparities are 
     substantially explained by sound law enforcement policies or 
     if they are at least partially attributable to 
     discrimination, insensitivity, or unconscious bias;
       (C) examine the extent to which racial and ethnic 
     disparities are attributable to--
       (i) law enforcement priorities, prosecutorial priorities, 
     the substantive provisions of legislation enacted by 
     Congress; or
       (ii) the penalty schemes enacted by Congress or implemented 
     by the United States Sentencing Commission;
       (D) examine data including--
       (i) the racial and ethnic demographics of the United States 
     Attorney's district;
       (ii) defendants charged in all categories of offense by 
     race and ethnicity, and, where applicable, the race and 
     ethnicity of any identified victim;
       (iii) substantial assistance motions, whether at sentencing 
     or post-conviction, by race and ethnicity;
       (iv) charging policies, including decisions as to who 
     should be charged in Federal rather than State court when 
     either forum is available, and whether these policies tend to 
     result in racial or ethnic disparities among defendants 
     charged in Federal court, including whether relative 
     disparities exist between State and Federal defendants 
     charged with similar offenses;
       (v) the racial and ethnic composition of the Federal 
     prosecutors in the district; and
       (vi) the extent to which training in the exercise of 
     discretion, including cultural competency, is provided 
     prosecutors;
       (E) consult with an educational or independent research 
     group, if necessary, to conduct work under this subsection; 
     and
       (F) submit to the United States Attorney by the end of the 
     second year after their initial appointment a report and 
     proposed plan, which shall be made available to the public 
     and which shall include--
       (i) factual findings and conclusions on racial and ethnic 
     disparities, if any, and the State of public confidence in 
     the criminal process;
       (ii) recommended measures, rules, and programs for reducing 
     unjustified disparities, if any, and increasing public 
     confidence; and
       (iii) an explanation of the manner in which the recommended 
     plan complies with this paragraph.
       (2) Adoption of plan.--Not later than 60 days after 
     receiving and considering the advisory group's report and 
     proposed plan under paragraph (1), the United States Attorney 
     appointed under section 3 shall adopt and implement a plan.

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       (3) Copy of report.--The United States Attorney shall 
     transmit a copy of the plan and report adopted and 
     implemented, in accordance with this subsection, together 
     with the report and plan recommended by the advisory group, 
     to the Attorney General. The United States Attorney shall 
     include with the plan an explanation of any recommendation of 
     the advisory group that is not included in the plan.
       (4) Congress.--The Attorney General shall transmit to the 
     United States Attorney's in every Federal district and to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives copies of any plan and accompanying report 
     submitted by a pilot district.
       (c) Periodic United States Attorney Assessment.--After 
     adopting and implementing a plan under subsection (b), each 
     United States attorney in a pilot district shall annually 
     evaluate the efficacy of the plan. In performing such 
     assessment, the United States attorney shall consult with the 
     advisory group appointed in accordance with subsection 
     (a)(2). Each assessment shall be submitted to the Executive 
     Office for United States attorneys for review in accordance 
     with subsection (d).
       (d) Information on the Pilot Program.--
       (1) Report and model plan.--Not later than 5 years after 
     the date of the enactment of this Act, the Attorney General 
     shall--
       (A) prepare a comprehensive report on all plans received 
     pursuant to this section;
       (B) based on all the plans received pursuant to this 
     section the Attorney General shall also develop one or more 
     model plans; and
       (C) transmit copies of the report and model plan or plans 
     to the Committees on the Judiciary of the Senate and the 
     House of Representatives.
       (2) Continued oversight.--The Attorney General shall, on a 
     continuing basis--
       (A) study ways to reduce unwarranted racial and ethnic 
     disparate impact in the Federal criminal system; and
       (B) make recommendations to all United States attorneys on 
     ways to improve the system.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $3,000,000 for use, 
     at the discretion of the Attorney General, by the United 
     States Attorneys' advisory groups in the development and 
     implementation of plans under this Act.
                                 ______