[Congressional Record Volume 155, Number 34 (Thursday, February 26, 2009)]
[Senate]
[Pages S2565-S2567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself and Mr. Specter):
  S. 495. 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. CARDIN. Mr. President, I rise today to introduce the Justice 
Integrity Act of 2009. I am pleased that Senator Specter, the ranking 
member of the Judiciary Committee, has joined me as an original 
cosponsor of this legislation. I think it is important to

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begin this discussion with the first words that appear in the 
Constitution of the United States. ``We the people of the United 
States, in Order to form a more perfect Union, establish Justice . . 
.'' The Founding Fathers chose Justice as a cornerstone for the 
foundation of our country. Justice is defined as fairness, moral 
rightness, and as a system of law in which every person receives his or 
her due from the system, including all of their guaranteed rights. 
There are many perceptions and realities that surround our criminal 
justice system.
  Our Constitution guarantees that all Americans, no matter their race, 
color, creed or gender, have the right to equal protection under the 
law. Yet statistics, reports and data reflect a possibility of bias in 
our justice system. For example, a distressing statistic shows that one 
out of every three African-American males born today can expect to go 
to jail during his lifetime. African-Americans are disproportionately 
arrested and incarcerated, they are more likely to be pulled over by a 
police car while driving, and they are three times more likely to be 
arrested for a drug offense than white Americans and are nearly 10 
times as likely to enter prison for drug offenses. Take for example, 
how two forms of the same drug are handled differently in our justice 
system: crack cocaine and powder cocaine. In 2006, blacks constituted 
82 percent of those sentenced under federal crack cocaine laws while 
whites constituted of only 8.8 percent, despite the fact that more than 
66 percent of people who use crack cocaine are white. Government data 
further demonstrates that drug rates are similar among all racial and 
ethnic groups.
  A 2007 study released by the Department of Justice's Bureau of 
Justice Statistics revealed that while Black, Hispanic and White 
drivers are equally likely to be pulled over by police, Blacks and 
Hispanics are much more likely to be searched and arrested. These types 
of disparities and the perception of bias is unacceptable and we should 
take bold steps to correct these injustices. During the last Congress, 
my good friend and former member of the Judiciary Committee, Senator 
Biden, introduced this bill and during his introductory speech he 
stated ``nowhere is the guarantee of equal protection more important 
than in our criminal justice system.'' I couldn't agree more with that 
statement, which is why I have reintroduced this very important 
legislation.
  Just last week Attorney General Eric Holder gave a speech for 
African-American History Month. In that speech, Attorney General Holder 
asked us, as a nation, to ``find ways to force ourselves to confront 
that which we have become experts at avoiding''. One way to do that is 
to look at the disparities in our justice system that have existed for 
many years and can be traced back to slavery and the Jim Crow era. In 
President Obama's March 2008 speech on Race, he asked Americans to 
``march for a more just, more equal, more free, more caring and more 
prosperous America.'' He further stated that in order to perfect our 
union we must continue to ``insist on a full measure of justice in 
every aspect of American life.'' I heard President Obama that day, and 
I heard Attorney General Holder last week. I believe we are at a 
crossroads today where we can either take on the challenges and attack 
these injustices or continue to turn our heads away from the problems 
in our justice system. The Justice Integrity Act responds to the racial 
and ethnic disparities and perceptions that surround our Federal 
justice system.
  The Justice Integrity Act will create 10 pilot programs across the 
country that will help create a plan that will ensure that law 
enforcement priorities and initiatives--including charging and plea 
decisions, as well as sentencing recommendations are not influenced by 
racial or ethnic bias but instead apply the law in a just and fair 
manner to all individuals. These 10 pilot programs will be set up at 
the discretion of the Attorney General in 10 different U.S. attorney 
offices. Each U.S. attorney will create an advisory group including all 
the major stakeholders in the justice system. Each of the individuals 
will gather information and examine data which will lead to a report on 
their findings and recommendations to the district on how to reduce 
unjustified racial and ethnic disparities.
  Our current justice system is not working at its greatest potential. 
This bill will not only help restore the public's trust in our justice 
system but also restore integrity in our justice system. Any form of 
bias in our criminal justice system erodes the core principles in our 
Constitution specifically that ``all men are created equal'' under the 
law and that our justice system is not only fair but just.
  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 
printed in the Record, as follows:

                                 S. 495

       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 
     2009''.

     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 crime rates, racial discrimination, ethnic and 
     cultural insensitivity, or unconscious bias, as well as other 
     factors;
       (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 than 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 present in the 
     district, and private defense counsel;
       (III) Federal and State judges;

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       (IV) Federal and State law enforcement officials and union 
     representatives;
       (V) a member of the United States Sentencing Commission or 
     designee;
       (VI) parole and probation officers;
       (VII) correctional officers;
       (VIII) victim's rights representatives;
       (IX) civil rights organizations;
       (X) business and professional representatives; and
       (XI) faith based organizations that provide services to 
     people involved in the criminal justice system.

       (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) recommendations for sentencing enhancements and 
     reductions, including the filing of 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.
       (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.
                                 ______