(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 dis-
parities 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 activ-
ity; and 
(B) racial discrimination, ethnic and cul-
tural insensitivity, or unconscious bias; 
(4) the Nation would benefit from an under-
standing of all factors causing a disparate impact on 
the criminal justice system; and 
(5) programs that promote fairness will in-
crease public confidence in the criminal justice sys-
tem, 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 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
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 imple-
ment a plan in accordance with section 4, beginning 
not later than 1 month after those United States At-
torneys are designated by the Attorney General. 
(2) PURPOSE.—The purposes of the plans re-
quired by this section are— 
(A) to gather racial and ethnic data on in-
vestigations 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 sys-
tem; 
(C) to analyze whether measures may be 
taken to reduce unwarranted disparities, if any, 
and increase confidence in the criminal justice 
system; and 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(D) to make recommendations, to the ex-
tent possible, to ensure that law enforcement 
priorities and initiatives, charging and plea bar-
gaining 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 dis-
parities from otherwise neutral laws or policies. 
(3) CRITERIA FOR SELECTION.— 
(A) IN GENERAL.—The 10 pilot districts 
referred to in subsection (a) shall include dis-
tricts 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 advi-
sory group appointed in accordance with paragraph 
(2), develop and implement a plan in accordance 
with subsections (b) and (c). 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(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 consulta-
tion 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 sta-
tistics; 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 prosecu-
tors; 
(II) Federal and State defenders, 
if applicable in the district, and pri-
vate defense counsel; 
(III) Federal and State judges; 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(IV) Federal and State law en-
forcement officials and union rep-
resentatives; 
(V) parole and probation officers; 
(VI) correctional officers; 
(VII) victim’s rights representa-
tives; 
(VIII) civil rights organizations; 
(IX) business and professional 
representatives; and 
(X) 
faith-based 
organizations 
who do criminal justice work. 
(C) TERM
LIMIT.—Subject to subpara-
graph (D), a member of the advisory group 
shall not serve longer than 5 years. 
(D) 
PERMANENT
MEMBERS.—Notwith-
standing subparagraph (C), the following shall 
be permanent members of the advisory group 
for that district: 
(i) The chief judge for the judicial dis-
trict. 
(ii) The Federal defender for the judi-
cial district. 
(iii) The United States Attorney for 
the judicial district. 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(E) REPORTER.—The United States Attor-
ney may designate a reporter for each advisory 
group, who may be compensated in accordance 
with guidelines established by the Executive Of-
fice 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 serv-
ice on or for the advisory group, be prohib-
ited 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 pros-
ecution, including case intake, bail requests, 
declinations, selection of charges, diversion from 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
prosecution or incarceration, plea offers, sen-
tencing 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 ra-
cial 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, in-
sensitivity, or unconscious bias; 
(C) examine the extent to which racial and 
ethnic disparities are attributable to— 
(i) law enforcement priorities, pros-
ecutorial priorities, the substantive provi-
sions 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; 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(ii) defendants charged in all cat-
egories of offense by race and ethnicity, 
and, where applicable, the race and eth-
nicity of any identified victim; 
(iii) substantial assistance motions, 
whether at sentencing or post-conviction, 
by race and ethnicity; 
(iv) charging policies, including deci-
sions as to who should be charged in Fed-
eral rather than State court when either 
forum is available, and whether these poli-
cies tend to result in racial or ethnic dis-
parities among defendants charged in Fed-
eral court, including whether relative dis-
parities 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 cul-
tural competency, is provided prosecutors; 
(E) consult with an educational or inde-
pendent research group, if necessary, to conduct 
work under this subsection; and 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(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 crimi-
nal process; 
(ii) recommended measures, rules, and 
programs for reducing unjustified dispari-
ties, if any, and increasing public con-
fidence; 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 sec-
tion 3 shall adopt and implement a plan. 
(3) COPY OF REPORT.—The United States At-
torney shall transmit a copy of the plan and report 
adopted and implemented, in accordance with this 
subsection, together with the report and plan rec-
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
ommended 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 Judi-
ciary of the Senate and the House of Representa-
tives copies of any plan and accompanying report 
submitted by a pilot district. 
(c) PERIODIC UNITED STATES ATTORNEY ASSESS-
MENT.—After adopting and implementing a plan under 
subsection (b), each United States Attorney in a pilot dis-
trict shall annually evaluate the efficacy of the plan. In 
performing such assessment, the United States Attorney 
shall consult with the advisory group appointed in accord-
ance with subsection (a)(2). Each assessment shall be sub-
mitted 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— 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS
(A) prepare a comprehensive report on all 
plans received pursuant to this section; 
(B) based on all the plans received pursu-
ant 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 Rep-
resentatives. 
(2) CONTINUED
OVERSIGHT.—The Attorney 
General shall, on a continuing basis— 
(A) study ways to reduce unwarranted ra-
cial and ethnic disparate impact in the Federal 
criminal system; and 
(B) make recommendations to all United 
States Attorneys on ways to improve the sys-
tem. 
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 develop-
ment and implementation of plans under this Act. 
Æ 
VerDate Aug 31 2005 
06:27 Jul 17, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H6518.IH
H6518
erowe on PRODPC61 with BILLS