[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3160 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3160

To provide information, resources, recommendations, and funding to help 
State and local law enforcement enact crime prevention and intervention 
               strategies supported by rigorous evidence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2010

  Mr. Feingold (for himself and Mr. Specter) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide information, resources, recommendations, and funding to help 
State and local law enforcement enact crime prevention and intervention 
               strategies supported by rigorous evidence.

    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 ``Prevention Resources for Eliminating 
Criminal Activity Using Tailored Interventions in Our Neighborhoods Act 
of 2010'' or the ``PRECAUTION Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) establish a commitment on the part of the Federal 
        Government to provide leadership on successful crime prevention 
        and intervention strategies;
            (2) further the integration of crime prevention and 
        intervention strategies into traditional law enforcement 
        practices of State and local law enforcement offices around the 
        country;
            (3) develop a plain-language, implementation-focused 
        assessment of those current crime and delinquency prevention 
        and intervention strategies that are supported by rigorous 
        evidence;
            (4) provide additional resources to the National Institute 
        of Justice to administer grants, contracts, and cooperative 
        agreements for research and development for promising crime 
        prevention and intervention strategies;
            (5) develop recommendations for Federal priorities for 
        crime and delinquency prevention and intervention research, 
        development, and funding that may augment important Federal 
        grant programs, including the Edward Byrne Memorial Justice 
        Assistance Grant Program under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.), grant programs administered by the Office 
        of Community Oriented Policing Services of the Department of 
        Justice, grant programs administered by the Office of Safe and 
        Drug-Free Schools of the Department of Education, and other 
        similar programs; and
            (6) reduce the costs that rising violent crime imposes on 
        interstate commerce.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Public Safety Through Crime Prevention 
        established under section 4(a).
            (2) Rigorous evidence.--The term ``rigorous evidence'' 
        means evidence generated by scientifically valid forms of 
        outcome evaluation, particularly randomized trials (where 
        practicable).
            (3) Subcategory.--The term ``subcategory'' means 1 of the 
        following categories:
                    (A) Family and community settings (including public 
                health-based strategies).
                    (B) Law enforcement settings (including probation-
                based strategies).
                    (C) School settings (including antigang and general 
                antiviolence strategies).
            (4) Top-tier.--The term ``top-tier'' means any strategy 
        supported by rigorous evidence of the sizable, sustained 
        benefits to participants in the strategy or to society.

SEC. 4. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME PREVENTION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Public Safety Through Crime Prevention.
    (b) Members.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President, 1 of 
                whom shall be the Assistant Attorney General for the 
                Office of Justice Programs or a representative of such 
                Assistant Attorney General;
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives, unless the Speaker is of the 
                same party as the President, in which case 1 shall be 
                appointed by the Speaker of the House of 
                Representatives and 1 shall be appointed by the 
                minority leader of the House of Representatives;
                    (C) 1 shall be appointed by the minority leader of 
                the House of Representatives (in addition to any 
                appointment made under subparagraph (B));
                    (D) 2 shall be appointed by the majority leader of 
                the Senate, unless the majority leader is of the same 
                party as the President, in which case 1 shall be 
                appointed by the majority leader of the Senate and 1 
                shall be appointed by the minority leader of the 
                Senate; and
                    (E) 1 shall be appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D)).
            (2) Persons eligible.--
                    (A) In general.--Each member of the Commission 
                shall be an individual who has knowledge or expertise 
                in matters to be studied by the Commission.
                    (B) Required representatives.--At least--
                            (i) 2 members of the Commission shall be 
                        respected social scientists with experience 
                        implementing or interpreting rigorous, outcome-
                        based trials; and
                            (ii) 2 members of the Commission shall be 
                        law enforcement practitioners.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, and the majority leader and minority leader 
        of the Senate shall consult prior to the appointment of the 
        members of the Commission to achieve, to the maximum extent 
        possible, fair and equitable representation of various points 
        of view with respect to the matters to be studied by the 
        Commission.
            (4) Term.--Each member shall be appointed for the life of 
        the Commission.
            (5) Time for initial appointments.--The appointment of the 
        members shall be made not later than 60 days after the date of 
        enactment of this Act.
            (6) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made, and 
        shall be made not later than 60 days after the date on which 
        the vacancy occurred.
            (7) Ex officio members.--The Director of the National 
        Institute of Justice, the Director of the Office of Juvenile 
        Justice and Delinquency Prevention, the Director of the 
        Community Capacity Development Office, the Director of the 
        Bureau of Justice Statistics, the Director of the Bureau of 
        Justice Assistance, and the Director of Community Oriented 
        Policing Services (or a representative of each such director) 
        shall each serve in an ex officio capacity on the Commission to 
        provide advice and information to the Commission.
    (c) Operation.--
            (1) Chairperson.--At the initial meeting of the Commission, 
        the members of the Commission shall elect a chairperson from 
        among its voting members, by a vote of \2/3\ of the members of 
        the Commission. The chairperson shall retain this position for 
        the life of the Commission. If the chairperson leaves the 
        Commission, a new chairperson shall be selected, by a vote of 
        \2/3\ of the members of the Commission.
            (2) Meetings.--The Commission shall meet at the call of the 
        chairperson. The initial meeting of the Commission shall take 
        place not later than 30 days after the date on which all the 
        members of the Commission have been appointed.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum to conduct business, and the 
        Commission may establish a lesser quorum for conducting 
        hearings scheduled by the Commission.
            (4) Rules.--The Commission may establish by majority vote 
        any other rules for the conduct of Commission business, if such 
        rules are not inconsistent with this Act or other applicable 
        law.
    (d) Public Hearings.--
            (1) In general.--The Commission shall hold public hearings. 
        The Commission may hold such hearings, sit and act at such 
        times and places, take such testimony, and receive such 
        evidence as the Commission considers advisable to carry out its 
        duties under this section.
            (2) Focus of hearings.--The Commission shall hold at least 
        3 separate public hearings, each of which shall focus on 1 of 
        the subcategories.
            (3) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.
    (e) Comprehensive Study of Evidence-Based Crime Prevention and 
Intervention Strategies.--
            (1) In general.--The Commission shall carry out a 
        comprehensive study of the effectiveness of crime and 
        delinquency prevention and intervention strategies, organized 
        around the 3 subcategories.
            (2) Matters included.--The study under paragraph (1) shall 
        include--
                    (A) a review of research on the general 
                effectiveness of incorporating crime prevention and 
                intervention strategies into an overall law enforcement 
                plan;
                    (B) an evaluation of how to more effectively 
                communicate the wealth of social science research to 
                practitioners;
                    (C) a review of evidence regarding the 
                effectiveness of specific crime prevention and 
                intervention strategies, focusing on those strategies 
                supported by rigorous evidence;
                    (D) an identification of--
                            (i) promising areas for further research 
                        and development; and
                            (ii) other areas representing gaps in the 
                        body of knowledge that would benefit from 
                        additional research and development;
                    (E) an assessment of the best practices for 
                implementing prevention and intervention strategies;
                    (F) an assessment of the best practices for 
                gathering rigorous evidence regarding the 
                implementation of intervention and prevention 
                strategies; and
                    (G) an assessment of those top-tier strategies best 
                suited for duplication efforts in a range of settings 
                across the country.
            (3) Initial report on top-tier crime prevention and 
        intervention strategies.--
                    (A) Distribution.--Not later than 18 months after 
                the date on which all members of the Commission have 
                been appointed, the Commission shall submit a public 
                report on the study carried out under this subsection 
                to--
                            (i) the President;
                            (ii) Congress;
                            (iii) the Attorney General;
                            (iv) the Chief Federal Public Defender of 
                        each district;
                            (v) the chief executive of each State;
                            (vi) the Director of the Administrative 
                        Office of the Courts of each State;
                            (vii) the Director of the Administrative 
                        Office of the United States Courts; and
                            (viii) the attorney general of each State.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                            (i) the findings and conclusions of the 
                        Commission;
                            (ii) a summary of the top-tier strategies, 
                        including--
                                    (I) a review of the rigorous 
                                evidence supporting the designation of 
                                each strategy as top-tier;
                                    (II) a brief outline of the keys to 
                                successful implementation for each 
                                strategy; and
                                    (III) a list of references and 
                                other information on where further 
                                information on each strategy can be 
                                found;
                            (iii) recommended protocols for 
                        implementing crime and delinquency prevention 
                        and intervention strategies generally;
                            (iv) recommended protocols for evaluating 
                        the effectiveness of crime and delinquency 
                        prevention and intervention strategies; and
                            (v) a summary of the materials relied upon 
                        by the Commission in preparation of the report.
                    (C) Consultation with outside authorities.--In 
                developing the recommended protocols for implementation 
                and rigorous evaluation of top-tier crime and 
                delinquency prevention and intervention strategies 
                under this paragraph, the Commission shall consult with 
                the Committee on Law and Justice at the National 
                Academy of Science and with national associations 
                representing the law enforcement and social science 
                professions, including the National Sheriffs' 
                Association, the Police Executive Research Forum, the 
                International Association of Chiefs of Police, the 
                Consortium of Social Science Associations, and the 
                American Society of Criminology.
    (f) Recommendations Regarding Innovative Crime Prevention and 
Intervention Strategies.--
            (1) Submission.--
                    (A) In general.--Not later than 30 days after the 
                date of the final hearing under subsection (d) relating 
                to a subcategory, the Commission shall provide the 
                Director of the National Institute of Justice and the 
                Attorney General with recommendations on qualifying 
                considerations relating to that subcategory for 
                selecting recipients of contracts, cooperative 
                agreements, and grants under section 5.
                    (B) Deadline.--Not later than 13 months after the 
                date on which all members of the Commission have been 
                appointed, the Commission shall provide all 
                recommendations required under this subsection.
            (2) Matters included.--The recommendations provided under 
        paragraph (1) shall include recommendations relating to--
                    (A) the types of strategies for the applicable 
                subcategory that would best benefit from additional 
                research and development;
                    (B) any geographic or demographic targets;
                    (C) the types of partnerships with other public or 
                private entities that might be pertinent and 
                prioritized; and
                    (D) any classes of crime and delinquency prevention 
                and intervention strategies that should not be given 
                priority because of a pre-existing base of knowledge 
                that would benefit less from additional research and 
                development.
    (g) Final Report on the Results of Innovative Crime Prevention and 
Intervention Strategies.--
            (1) In general.--Following the close of the 3-year period 
        for the evaluation of an innovative strategy under section 5, 
        the Commission shall collect the results of the evaluation and 
        shall submit a public report to the President, the Attorney 
        General, Congress, the chief executive of each State, and the 
        attorney general of each State describing each strategy funded 
        under section 5 and the results of the strategy. The report 
        under this paragraph shall be submitted not later than 5 years 
        after the date of the selection of the chairperson of the 
        Commission.
            (2) Collection of information and evidence regarding 
        recipients.--The collection of information and evidence by the 
        Commission regarding each recipient of a contract, cooperative 
        agreement, or grant under section 5 shall be carried out by--
                    (A) ongoing communications with the grant 
                administrator at the National Institute of Justice and 
                other appropriate officers at other components of the 
                Department of Justice;
                    (B) visits by representatives of the Commission 
                (including at least 1 member of the Commission) to the 
                site where the recipient of a contract, cooperative 
                agreement, or grant is carrying out the strategy funded 
                under section 5, at least once in the second and once 
                in the third year of the contract, cooperative 
                agreement, or grant;
                    (C) a review of the data generated by the study 
                monitoring the effectiveness of the strategy; and
                    (D) other means as necessary.
            (3) Matters included.--The report submitted under paragraph 
        (1) shall include a review of each strategy carried out with a 
        contract, cooperative agreement, or grant under section 5, 
        detailing--
                    (A) the type of crime or delinquency prevention or 
                intervention strategy;
                    (B) where the activities under the strategy were 
                carried out, including geographic and demographic 
                targets;
                    (C) any partnerships with public or private 
                entities through the course of the period of the 
                contract, cooperative agreement, or grant;
                    (D) the type and design of the effectiveness study 
                conducted under section 5(b)(4) or section 5(c)(2)(C) 
                for that strategy;
                    (E) the results of the effectiveness study 
                conducted under section 5(b)(4) or section 5(c)(2)(C) 
                for that strategy;
                    (F) lessons learned regarding implementation of 
                that strategy or of the effectiveness study conducted 
                under section 5(b)(4) or section 5(c)(2)(C), including 
                recommendations regarding which types of environments 
                might best be suited for successful replication; and
                    (G) recommendations regarding the need for further 
                research and development of the strategy.
    (h) Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service for the Commission.
            (2) Compensation of members.--Members of the Commission 
        shall serve without compensation.
            (3) Staff.--
                    (A) In general.--The chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (4) Detail of federal employees.--With the affirmative vote 
        of \2/3\ of the members of the Commission, any Federal 
        Government employee, with the approval of the head of the 
        appropriate Federal agency, may be detailed to the Commission 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status, benefits, or 
        privileges.
    (i) Contracts for Research.--
            (1) National institute of justice.--With a \2/3\ 
        affirmative vote of the members of the Commission, the 
        Commission may select nongovernmental researchers and experts 
        to assist the Commission in carrying out its duties under this 
        Act. The National Institute of Justice shall contract with the 
        researchers and experts selected by the Commission to provide 
        funding in exchange for their services.
            (2) Other organizations.--Nothing in this subsection shall 
        be construed to limit the ability of the Commission to enter 
        into contracts with other entities or organizations for 
        research necessary to carry out the duties of the Commission 
        under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to carry out this section.
    (k) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the Commission submits the last 
report required by this section.
    (l) Exemption.--The Commission shall be exempt from the Federal 
Advisory Committee Act.

SEC. 5. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGIES.

    (a) In General.--The Attorney General may fund the implementation 
and evaluation of innovative crime or delinquency prevention or 
intervention strategies though coordinated initiatives, as described in 
subsection (b), through grants authorized under subsection (c), or a 
combination of the coordinated initiatives and grants.
    (b) Coordinated Initiatives.--
            (1) In general.--The Attorney General, acting through the 
        Director of the National Institute of Justice, may coordinate 
        efforts between the National Institute of Justice and other 
        appropriate components of the Department of Justice to 
        implement and rigorously evaluate innovative crime or 
        delinquency prevention or intervention strategies.
            (2) Selection of strategies.--The Director of the National 
        Institute of Justice, in consultation with the heads of other 
        appropriate components of the Department of Justice, shall 
        identify innovative crime or delinquency prevention or 
        intervention strategies that would best benefit from additional 
        funding and evaluation, taking into consideration the 
        recommendations of the Commission under section 4(f).
            (3) Program office role.--The head of any appropriate 
        component of the Department of Justice, as determined by the 
        Attorney General, may provide incentives under a contract, 
        cooperative agreement, or grant entered into or made by the 
        component, including a competitive preference priority and 
        providing additional funds, for a public or private entity to--
                    (A) implement a strategy identified under paragraph 
                (2); or
                    (B) participate in the evaluation under paragraph 
                (4) of the strategies identified under paragraph (2).
            (4) National institute of justice evaluation.--
                    (A) In general.--The Director of the National 
                Institute of Justice may enter into or make contracts, 
                cooperative agreements, or grants to conduct a rigorous 
                study of the effectiveness of each strategy relating to 
                which an incentive is provided under paragraph (3).
                    (B) Amount and duration.--A contract, cooperative 
                agreement, or grant under subparagraph (A) shall be for 
                not more than $700,000, and shall be for a period of 
                not more than 3 years.
                    (C) Methodology of study.--Each study conducted 
                under subparagraph (A) shall use a study design that is 
                likely to produce rigorous evidence of the 
                effectiveness of the strategy and, where feasible, 
                measure outcomes using available administrative data, 
                such as police arrest records, so as to minimize the 
                costs of the study.
    (c) Grants Authorized.--
            (1) In general.--The Director of the National Institute of 
        Justice may make grants to public and private entities to fund 
        the implementation and evaluation of innovative crime or 
        delinquency prevention or intervention strategies. The purpose 
        of grants under this subsection shall be to provide funds for 
        all expenses related to the implementation of such a strategy 
        and to conduct a rigorous study on the effectiveness of that 
        strategy.
            (2) Grant distribution.--
                    (A) Period.--A grant under this subsection shall be 
                made for a period of not more than 3 years.
                    (B) Amount.--The amount of each grant under this 
                subsection--
                            (i) shall be sufficient to ensure that 
                        rigorous evaluations may be performed; and
                            (ii) shall not exceed $2,000,000.
                    (C) Evaluation set-aside.--
                            (i) In general.--A grantee shall use not 
                        less than $300,000 and not more than $700,000 
                        of the funds from a grant under this subsection 
                        for a rigorous study of the effectiveness of 
                        the strategy during the 3-year period of the 
                        grant for that strategy.
                            (ii) Methodology of study.--
                                    (I) In general.--Each study 
                                conducted under clause (i) shall use an 
                                evaluator and a study design approved 
                                by the employee of the National 
                                Institute of Justice hired or assigned 
                                under subsection (e) and, where 
                                feasible, measure outcomes using 
                                available administrative data, such as 
                                police arrest records, so as to 
                                minimize the costs of the study.
                                    (II) Criteria.--The employee of the 
                                National Institute of Justice hired or 
                                assigned under subsection (e) shall 
                                approve--
                                            (aa) an evaluator that has 
                                        successfully carried out 
                                        multiple studies producing 
                                        rigorous evidence of 
                                        effectiveness; and
                                            (bb) a proposed study 
                                        design that is likely to 
                                        produce rigorous evidence of 
                                        the effectiveness of the 
                                        strategy.
                                    (III) Approval.--Before a grant is 
                                awarded under this subsection, the 
                                evaluator and study design of a grantee 
                                shall be approved by the employee of 
                                the National Institute of Justice hired 
                                or assigned under subsection (e).
                    (D) Date of award.--Not later than 6 months after 
                the date of receiving recommendations relating to a 
                subcategory from the Commission under section 4(f), the 
                Director of the National Institute of Justice shall 
                award all grants under this subsection relating to that 
                subcategory.
                    (E) Type of grants.--One-third of the grants made 
                under this subsection shall be made in each 
                subcategory. In distributing grants, the 
                recommendations of the Commission under section 4(f) 
                shall be considered.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $18,000,000 to carry out subsections (b) and (c).
    (e) Dedicated Staff.--
            (1) In general.--The Director of the National Institute of 
        Justice shall hire or assign a full-time employee to oversee 
        the contracts, cooperative agreements, and grants under this 
        section.
            (2) Study oversight.--The employee of the National 
        Institute of Justice hired or assigned under paragraph (1) 
        shall be responsible for ensuring that recipients of a 
        contract, cooperative agreement, or grant under this section 
        adhere to the study design approved before the contract, 
        cooperative agreement, or grant was entered into or awarded.
            (3) Liaison.--The employee of the National Institute of 
        Justice hired or assigned under paragraph (1) may be used as a 
        liaison between the Commission and the recipients of a 
        contract, cooperative agreement, or grant under this section. 
        The employee shall be responsible for ensuring timely 
        cooperation with Commission requests.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $150,000 for each of fiscal years 2010 
        through 2014 to carry out this subsection.
    (f) Applications.--A public or private entity desiring a contract, 
cooperative agreement, or grant under this section shall submit an 
application at such time, in such manner, and accompanied by such 
information as the Director of the National Institute of Justice or 
other appropriate component of the Department of Justice may reasonably 
require.
    (g) Cooperation With the Commission.--A person entering into a 
contract or cooperative agreement or receiving a grant under this 
section shall cooperate with the Commission in providing the Commission 
with full information on the progress of the strategy being carried out 
with a contract, cooperative agreement, or grant under this section, 
including--
            (1) hosting visits by the members of the Commission to the 
        site where the activities under the strategy are being carried 
        out;
            (2) providing pertinent information on the logistics of 
        establishing the strategy for which the contract, cooperative 
        agreement, or grant under this section was received, including 
        details on partnerships, selection of participants, and any 
        efforts to publicize the strategy; and
            (3) responding to any specific inquiries that may be made 
        by the Commission.

SEC. 6. FUNDING.

    Section 524(c) of title 28, United States Code, is amended by 
adding at the end the following:
    ``(12) For the first full fiscal year after the date of enactment 
of the PRECAUTION Act, and each fiscal year thereafter through the end 
of the fifth full fiscal year after such date of enactment, there is 
appropriated to the Attorney General from the Fund $4,750,000 to carry 
out the PRECAUTION Act.''.
                                 <all>