instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION 
              INITIATIVE ACT.

    The Northwest Straits Marine Conservation Initiative Act (title IV 
of Public Law 105-384; 112 Stat. 3458) is amended--
            (1) in section 402, by striking ``(in this title referred 
        to as the `Commission')'';
            (2) by striking sections 403 and 404;
            (3) by redesignating section 405 as section 410; and
            (4) by inserting after section 402 the following new 
        sections:

``SEC. 403. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The marine waters and ecosystem of the Northwest 
        Straits in Puget Sound in the State of Washington represent a 
        unique resource of enormous environmental and economic value to 
        the people of the United States.
            ``(2) During the 20th century, the environmental health of 
        the Northwest Straits declined dramatically as indicated by 
        impaired water quality, declines in marine wildlife, collapse 
        of harvestable marine species, loss of critical marine 
        habitats, ocean acidification, and sea level rise.
            ``(3) At the start of the 21st century, the Northwest 
        Straits have been threatened by sea level rise, ocean 
        acidification, and other effects of climate change.
            ``(4) In 1998, the Northwest Straits Marine Conservation 
        Initiative Act (title IV of Public Law 105-384) was enacted to 
        tap the unprecedented level of citizen stewardship demonstrated 
        in the Northwest Straits and create a mechanism to mobilize 
        public support and raise capacity for local efforts to protect 
        and restore the ecosystem of the Northwest Straits.
            ``(5) The Northwest Straits Marine Conservation Initiative 
        helps the National Oceanic and Atmospheric Administration and 
        other Federal agencies with their marine missions by fostering 
        local interest in marine issues and involving diverse groups of 
        citizens.
            ``(6) The Northwest Straits Marine Conservation Initiative 
        shares many of the same goals with the National Oceanic and 
        Atmospheric Administration, including fostering citizen 
        stewardship of marine resources, general ecosystem management, 
        and protecting federally managed marine species.
            ``(7) Ocean literacy and identification and removal of 
        marine debris projects are examples of on-going partnerships 
        between the Northwest Straits Marine Conservation Initiative 
        and the National Oceanic and Atmospheric Administration.

``SEC. 404. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the 
        Northwest Straits Advisory Commission established by section 
        402.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Northwest straits.--The term `Northwest Straits' 
        means the marine waters of the Strait of Juan de Fuca and of 
        Puget Sound from the Canadian border to the south end of 
        Snohomish County.

``SEC. 405. MEMBERSHIP OF THE COMMISSION.

    ``(a) Composition.--The Commission shall be composed of up to 14 
members who shall be appointed as follows:
            ``(1) One member appointed by a consensus of the members of 
        a marine resources committee established under section 408 for 
        each of the following counties of the State of Washington:
                    ``(A) San Juan County.
                    ``(B) Island County.
                    ``(C) Skagit County.
                    ``(D) Whatcom County.
                    ``(E) Snohomish County.
                    ``(F) Clallam County.
                    ``(G) Jefferson County.
            ``(2) Two members appointed by the Secretary of the 
        Interior in trust capacity and in consultation with the 
        Northwest Indian Fisheries Commission or the Indian tribes 
        affected by this title collectively, as the Secretary of the 
        Interior considers appropriate, to represent the interests of 
        such tribes.
            ``(3) One member appointed by the Governor of the State of 
        Washington to represent the interests of the Puget Sound 
        Partnership.
            ``(4) Four members appointed by the Governor of the State 
        of Washington who--
                    ``(A) are residents of the State of Washington; and
                    ``(B) are not employed by a Federal, State, or 
                local government.
    ``(b) Vacancies.--A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made.
    ``(c) Chairperson.--The Commission shall select a Chairperson from 
among its members.
    ``(d) Meeting.--The Commission shall meet at the call of the 
Chairperson, but not less frequently than quarterly.
    ``(e) Liaison.--
            ``(1) In general.--The Secretary of Commerce, acting 
        through the Under Secretary for Oceans and Atmosphere and in 
        consultation with the Director of the Commission appointed 
        under section 407(a), shall appoint an employee of the National 
        Oceanic and Atmospheric Administration--
                    ``(A) to serve as a liaison between the Commission 
                and the Department of Commerce; and
                    ``(B) to attend meetings and other events of the 
                Commission as a nonvoting participant.
            ``(2) Limitation.--Service of an employee as an appointee 
        under paragraph (1)--
                    ``(A) shall be limited to service as a liaison and 
                attendance of meetings and other events as a nonvoting 
                participant; and
                    ``(B) does not obligate the employee to perform any 
                duty of the Commission under section 406(b).

``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

    ``(a) Goal.--The goal of the Commission is to protect and restore 
the marine waters, habitats, and species of the Northwest Straits 
region to achieve ecosystem health and sustainable resource use by--
            ``(1) designing and initiating projects that are driven by 
        sound science, local priorities, community-based decisions, and 
        the ability to measure results;
            ``(2) building awareness and stewardship and making 
        recommendations to improve the health of the Northwest Straits 
        marine resources;
            ``(3) maintaining and expanding diverse membership and 
        partner organizations;
            ``(4) expanding partnerships with governments of Indian 
        tribes affected by this title and continuing to foster respect 
        for tribal cultures and treaties; and
            ``(5) recognizing the importance of economic and social 
        benefits that are dependent on marine environments and 
        sustainable marine resources.
    ``(b) Duties.--The duties of the Commission are the following:
            ``(1) To provide resources and technical support for marine 
        resources committees established under section 408.
            ``(2) To work with such marine resources committees and 
        appropriate entities of Federal and State governments and 
        Indian tribes affected by this title to develop programs to 
        monitor the overall health of the marine ecosystem of the 
        Northwest Straits.
            ``(3) To identify factors adversely affecting or preventing 
        the restoration of the health of the marine ecosystem and 
        coastal economies of the Northwest Straits.
            ``(4) To develop scientifically sound restoration and 
        protection recommendations, informed by local priorities, that 
        address such factors.
            ``(5) To assist in facilitating the successful 
        implementation of such recommendations by developing broad 
        support among appropriate authorities, stakeholder groups, and 
        local communities.
            ``(6) To develop regional projects based on such 
        recommendations to protect and restore the Northwest Straits 
        ecosystem.
            ``(7) To serve as a public forum for the discussion of 
        policies and actions of Federal, State, or local government, an 
        Indian tribe affected by this title, or the Government of 
        Canada with respect to the marine ecosystem of the Northwest 
        Straits.
            ``(8) To inform appropriate authorities and local 
        communities about the marine ecosystem of the Northwest Straits 
        and about issues relating to the marine ecosystem of the 
        Northwest Straits.
            ``(9) To consult with all Indian tribes affected by this 
        title to ensure that the work of the Commission does not 
        violate tribal treaty rights.
    ``(c) Benchmarks.--The Commission shall carry out its duties in a 
manner that promotes the achieving of the benchmarks described in 
subsection (f)(2).
    ``(d) Coordination and Collaboration.--The Commission shall carry 
out the duties described in subsection (b) in coordination and 
collaboration, when appropriate, with Federal, State, and local 
governments and Indian tribes affected by this title.
    ``(e) Regulatory Authority.--The Commission shall have no power to 
issue regulations.
    ``(f) Annual Report.--
            ``(1) In general.--Each year, the Commission shall prepare, 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Natural 
        Resources of the House of Representatives, and the Under 
        Secretary for Oceans and Atmosphere, and make available to the 
        public an annual report describing--
                    ``(A) the activities carried out by the Commission 
                during the preceding year; and
                    ``(B) the progress of the Commission in achieving 
                the benchmarks described in paragraph (2).
            ``(2) Benchmarks.--The benchmarks described in this 
        paragraph are the following:
                    ``(A) Protection and restoration of marine, 
                coastal, and nearshore habitats.
                    ``(B) Prevention of loss and achievement of a net 
                gain of healthy habitat areas.
                    ``(C) Protection and restoration of marine 
                populations to healthy, sustainable levels.
                    ``(D) Protection of the marine water quality of the 
                Northwest Straits region and restoration of the health 
                of marine waters.
                    ``(E) Collection of high-quality data and promotion 
                of the use and dissemination of such data.
                    ``(F) Promotion of stewardship and understanding of 
                Northwest Straits marine resources through education 
                and outreach.

``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

    ``(a) Director.--The Manager of the Shorelands and Environmental 
Assistance Program of the Department of Ecology of the State of 
Washington may, upon the recommendation of the Commission and the 
Director of the Padilla Bay National Estuarine Research Reserve, 
appoint and terminate a Director of the Commission. The employment of 
the Director shall be subject to confirmation by the Commission.
    ``(b) Staff.--The Director may hire such other personnel as may be 
appropriate to enable the Commission to perform its duties. Such 
personnel shall be hired through the personnel system of the Department 
of Ecology of the State of Washington.
    ``(c) Administrative Services.--If the Governor of the State of 
Washington makes available to the Commission the administrative 
services of the State of Washington Department of Ecology, the 
Commission shall use such services for employment, procurement, grant 
and fiscal management, and support services necessary to carry out the 
duties of the Commission.

``SEC. 408. MARINE RESOURCES COMMITTEES.

    ``(a) In General.--The government of each of the counties referred 
to in subparagraphs (A) through (G) of section 405(a)(1) may establish 
a marine resources committee that--
            ``(1) complies with the requirements of this section; and
            ``(2) receives from such government the mission, direction, 
        expert assistance, and financial resources necessary--
                    ``(A) to address issues affecting the marine 
                ecosystems within its county; and
                    ``(B) to work to achieve the benchmarks described 
                in section 406(f)(2).
    ``(b) Membership.--
            ``(1) In general.--Each marine resources committee 
        established pursuant to this section shall be composed of--
                    ``(A) members with relevant scientific expertise; 
                and
                    ``(B) members that represent balanced 
                representation, including representation of--
                            ``(i) local governments, including planning 
                        staff from counties and cities with marine 
                        shorelines;
                            ``(ii) affected economic interests, such as 
                        ports and commercial fishers;
                            ``(iii) affected recreational interests, 
                        such as sport fishers; and
                            ``(iv) conservation and environmental 
                        interests.
            ``(2) Tribal members.--With respect to a county referred to 
        in subparagraphs (A) through (G) of section 405(a)(1), each 
        Indian tribe with usual and accustomed fishing rights in the 
        waters of such county and each Indian tribe with reservation 
        lands in such county, may appoint one member to the marine 
        resources committee for such county. Such member may be 
        appointed by the respective tribal authority.
            ``(3) Chairperson.--
                    ``(A) In general.--Each marine resources committee 
                established pursuant to this section shall select a 
                chairperson from among members by a majority vote of 
                the members of the committee.
                    ``(B) Rotating position.--Each marine resources 
                committee established pursuant to this section shall 
                select a new chairperson at a frequency determined by 
                the county charter of the marine resources committee to 
                create a diversity of representation in the leadership 
                of the marine resources committee.
    ``(c) Duties.--The duties of a marine resources committee 
established pursuant to this section are the following:
            ``(1) To assist in assessing marine resource problems in 
        concert with governmental agencies, tribes, and other entities.
            ``(2) To assist in identifying local implications, needs, 
        and strategies associated with the recovery of Puget Sound 
        salmon and other species in the region of the Northwest Straits 
        listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 
        et seq.) in coordination with Federal, State, and local 
        governments, Indian tribes affected by this title, and other 
        entities.
            ``(3) To work with other entities to enhance the scientific 
        baseline and monitoring program for the marine environment of 
        the Northwest Straits.
            ``(4) To identify local priorities for marine resource 
        conservation and develop new projects to address those needs.
            ``(5) To work closely with county leadership to implement 
        local marine conservation and restoration initiatives.
            ``(6) To coordinate with the Commission on marine ecosystem 
        objectives.
            ``(7) To educate the public and key constituencies 
        regarding the relationship between healthy marine habitats, 
        harvestable resources, and human activities.

``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

    ``(a) Establishment.--The Director of the Commission and the 
Director of the State of Washington Department of Ecology, or his or 
her designee, may enter into an agreement with an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 to 
establish a nonprofit foundation to support the Commission and the 
marine resources committees established under section 408 in carrying 
out their duties under this Act.
    ``(b) Designation.--The foundation authorized by subsection (a) 
shall be known as the `Northwest Straits Marine Conservation 
Foundation'.
    ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation 
Foundation may, if eligible, apply for, accept, and use grants awarded 
by Federal agencies, States, local governments, regional agencies, 
interstate agencies, corporations, foundations, or other persons to 
assist the Commission and the marine resources committees in carrying 
out their duties under this Act.
    ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation 
Foundation may transfer funds to the Commission or the marine resources 
committees to assist them in carrying out their duties under this 
Act.''.

            Passed the House of Representatives December 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
answer:
Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009 - Amends the Northwest Straits Marine Conservation Initiative Act to define "Northwest Straits" as the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County, Washington.

Sets forth the membership of the Northwest Straits Advisory Commission. Directs the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, to appoint an employee of the National Oceanic and Atmospheric Administration (NOAA) to serve as a liaison between the Commission and the Department of Commerce and to attend the Commission's meetings and events as a nonvoting participant. States the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in Washington to achieve ecosystem health and sustainable resource use. Enumerates the duties of the Commission and establishes benchmarks for its work. Requires the Commission to submit annual reports to Congress and the Under Secretary on its activities and its progress in achieving specified benchmarks.

Authorizes the Manager of the Shorelands and Environmental Assistance Program of Washington's Department of Ecology, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, to appoint and terminate a Director of the Commission. Requires the Director to be confirmed by the Commission.

Provides for the establishment of marine resources committees in specified counties of Washington.

Authorizes the Director of the Commission and the Director of the State of Washington Department of Ecology to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Rescissions Act of 1993''.

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.

    (a) In General.--Part B of title X of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by 
redesignating sections 1013 through 1017 as sections 1014 through 1018, 
respectively, and inserting after section 1012 the following new 
section:

       ``expedited consideration of certain proposed rescissions

    ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In 
addition to the method of rescinding budget authority specified in 
section 1012, the President may propose, at the time and in the manner 
provided in subsection (b), the rescission of any budget authority 
provided in an appropriations Act. Funds made available for obligation 
under this procedure may not be proposed for rescission again under 
this section or section 1012.
    ``(b) Transmittal of Special Message.--
            ``(1) Not later than 3 days after the date of enactment of 
        an appropriation Act, the President may transmit to Congress 
        one or more special messages proposing to rescind all or any 
        part of any item of budget authority provided in that Act and 
        include with each special message a draft bill or joint 
        resolution that, if enacted, would rescind each item of budget 
        authority (or part thereof) proposed to be rescinded.
            ``(2) Each special message shall specify, with respect to 
        the budget authority proposed to be rescinded, the matters 
        referred to in paragraphs (1) through (5) of section 1012(a).
    ``(c) Procedures for Expedited Consideration.--
            ``(1)(A) Before the close of the second day of continuous 
        session of the applicable House after the date of receipt of a 
        special message transmitted to Congress under subsection (b), 
        the majority leader or minority leader of the House of Congress 
        in which the appropriation Act involved originated shall 
        introduce (by request) the draft bill or joint resolution 
        accompanying that special message. If the bill or joint 
        resolution is not introduced as provided in the preceding 
        sentence, then, on the third day of continuous session of that 
        House after the date of receipt of that special message, any 
        Member of that House may introduce the bill or joint 
        resolution.
            ``(B) The bill or joint resolution shall be referred to the 
        Committee on Appropriations of that House. The committee shall 
        report the bill or joint resolution without substantive 
        revision and with or without recommendation. The bill or joint 
        resolution shall be reported not later than the seventh day of 
        continuous session of that House after the date of receipt of 
        that special message. If the Committee on Appropriations fails 
        to report the bill or joint resolution within that period, that 
        committee shall be automatically discharged from consideration 
        of the bill or joint resolution, and the bill or joint 
        resolution shall be placed on the appropriate calendar.
            ``(C) A vote on final passage of the bill or joint 
        resolution shall be taken in that House on or before the close 
        of the 10th calendar day of continuous session of that House 
        after the date of the introduction of the bill or joint 
        resolution in that House. If the bill or joint resolution is 
        agreed to, the Clerk of the House of Representatives (in the 
        case of a bill or joint resolution agreed to in the House of 
        Representatives) or the Secretary of the Senate (in the case of 
        a bill or joint resolution agreed to in the Senate) shall cause 
        the bill or joint resolution to be engrossed, certified, and 
        transmitted to the other House of Congress on the same calendar 
        day on which the bill or joint resolution is agreed to.
            ``(2)(A) A bill or joint resolution transmitted to the 
        House of Representatives or the Senate pursuant to paragraph 
        (1)(C) shall be referred to the Committee on Appropriations of 
        that House. The committee shall report the bill or joint 
        resolution without substantive revision and with or without 
        recommendation. The bill or joint resolution shall be reported 
        not later than the seventh day of continuous session of that 
        House after it receives the bill or joint resolution. A 
        committee failing to report the bill or joint resolution within 
        such period shall be automatically discharged from 
        consideration of the bill or joint resolution, and the bill or 
        joint resolution shall be placed upon the appropriate calendar.
            ``(B) A vote on final passage of a bill or joint resolution 
        transmitted to that House shall be taken on or before the close 
        of the 10th calendar day of continuous session of that House 
        after the date on which the bill or joint resolution is 
        transmitted. If the bill or joint resolution is agreed to in 
        that House, the Clerk of the House of Representatives (in the 
        case of a bill or joint resolution agreed to in the House of 
        Representatives) or the Secretary of the Senate (in the case of 
        a bill or joint resolution agreed to in the Senate) shall cause 
        the engrossed bill or joint resolution to be returned to the 
        House in which the bill or joint resolution originated.
            ``(3)(A) A motion in the House of Representatives to 
        proceed to the consideration of a bill or joint resolution 
        under this section shall be highly privileged and not 
        debatable. An amendment to the motion shall not be in order, 
        nor shall it be in order to move to reconsider the vote by 
        which the motion is agreed to or disagreed to.
            ``(B) Debate in the House of Representatives on a bill or 
        joint resolution under this section shall not exceed 4 hours, 
        which shall be divided equally between those favoring and those 
        opposing the bill or joint resolution. A motion further to 
        limit debate shall not be debatable. It shall not be in order 
        to move to recommit a bill or joint resolution under this 
        section or to move to reconsider the vote by which the bill or 
        joint resolution is agreed to or disagreed to.
            ``(C) Appeals from decisions of the Chair relating to the 
        application of the Rules of the House of Representatives to the 
        procedure relating to a bill or joint resolution under this 
        section shall be decided without debate.
            ``(D) Except to the extent specifically provided in the 
        preceding provisions of this subsection, consideration of a 
        bill or joint resolution under this section shall be governed 
        by the Rules of the House of Representatives.
            ``(4)(A) A motion in the Senate to proceed to the 
        consideration of a bill or joint resolution under this section 
        shall be privileged and not debatable. An amendment to the 
        motion shall not be in order, nor shall it be in order to move 
        to reconsider the vote by which the motion is agreed to or 
        disagreed to.
            ``(B) Debate in the Senate on a bill or joint resolution 
        under this section, and all debatable motions and appeals in 
        connection therewith, shall not exceed 10 hours. The time shall 
        be equally divided between, and controlled by, the majority 
        leader and the minority leader or their designees.
            ``(C) Debate in the Senate on any debatable motion or 
        appeal in connection with a bill or joint resolution under this 
        section shall be limited to not more than 1 hour, to be equally 
        divided between, and controlled by, the mover and the manager 
        of the bill or joint resolution, except that in the event the 
        manager of the bill or joint resolution is in favor of any such 
        motion or appeal, the time in opposition thereto, shall be 
        controlled by the minority leader or his designee. Such 
        leaders, or either of them, may, from time under their control 
        on the passage of a bill or joint resolution, allot additional 
        time to any Senator during the consideration of any debatable 
        motion or appeal.
            ``(D) A motion in the Senate to further limit debate on a 
        bill or joint resolution under this section is not debatable. A 
        motion to recommit a bill or joint resolution under this 
        section is not in order.
    ``(d) Amendments Prohibited.--No amendment to a bill or joint 
resolution considered under this section shall be in order in either 
the House of Representatives or the Senate. No motion to suspend the 
application of this subsection shall be in order in either House, nor 
shall it be in order in either House to suspend the application of this 
subsection by unanimous consent.
    ``(e) Requirement To Make Available for Obligation.--Any amount of 
budget authority proposed to be rescinded in a special message 
transmitted to Congress under subsection (b) shall be made available 
for obligation on the day after the date on which either House defeats 
the bill or joint resolution transmitted with that special message.
    ``(f) Definitions.--For purposes of this section--
            ``(1) The term `appropriation Act' means any general or 
        special appropriation Act, and any Act or joint resolution 
        making supplemental, deficiency, or continuing appropriations.
            ``(2) The continuity of a session of the Congress shall be 
        considered as broken only by an adjournment of the Congress 
        sine die, and the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day certain 
        shall be excluded in the computation of the periods of 
        continuous session referred to in subsection (c) of this 
        section. If a special message is transmitted under this section 
        during any Congress and the last session of the Congress 
        adjourns sine die before the expiration of 10 calendar days of 
        continuous session (or a special message is transmitted after 
        the last session of the Congress adjourns sine die), the 
        message shall be deemed to have been transmitted on the first 
        day of the succeeding Congress and the periods of continuous 
        session referred to in subsection (c) of this section shall 
        commence on the day after such first day.''.
    (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 
U.S.C. 621 note) is amended--
            (1) by striking ``and 1017'' in subsection (a) and 
        inserting ``1013, and 1018''; and
            (2) by striking ``section 1017'' in subsection (d) and 
        inserting ``sections 1013 and 1018''.
    (c) Conforming Amendments.--
            (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
                    (A) in paragraph (4), by striking ``1013'' and 
                inserting ``1014''; and
                    (B) in paragraph (5)--
                            (i) by striking ``1016'' and inserting 
                        ``1017''; and
                            (ii) by striking ``1017(b)(1)'' and 
                        inserting ``1018(b)(1)''.
            (2) Section 1015 of such Act (2 U.S.C. 685) (as 
        redesignated by section 2(a)) is amended--
                    (A) by striking ``1012 or 1013'' each place it 
                appears and inserting ``1012, 1013, or 1014'';
                    (B) in subsection (b)(1), by striking ``1012'' and 
                inserting ``1012 or 1013'';
                    (C) in subsection (b)(2), by striking ``1013'' and 
                inserting ``1014''; and
                    (D) in subsection (e)(2)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by striking ``1013'' in subparagraph 
                        (C) (as so redesignated) and inserting 
                        ``1014''; and
                            (iv) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) he has transmitted a special message under 
                section 1013 with respect to a proposed rescission; 
                and''.
            (3) Section 1016 of such Act (2 U.S.C. 686) (as 
        redesignated by section 2(a)) is amended by striking ``1012 or 
        1013'' each place it appears and inserting ``1012, 1013, or 
        1014''.
    (d) Clerical Amendments.--The table of sections for subpart B of 
title X of such Act is amended--
            (1) by redesignating the items relating to sections 1013 
        through 1017 as items relating to sections 1014 through 1018; 
        and
            (2) by inserting after the item relating to section 1012 
        the following new item:

``Sec. 1013. Expedited consideration of certain proposed 
                            rescissions.''.
answer:
Enhanced Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. 
Requires that such special message be transmitted not later than three days after the enactment of an appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. 
Sets forth House and Senate procedures for the expedited consideration of such a proposal.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice Improvement Act of 
2009''.

SEC. 2. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (25) by striking the words ``means the 
        degree of interaction allowed between juvenile offenders in a 
        secure custody status and incarcerated adults under section 
        31303(d)(1)(i) of title 28, Code of Federal Regulations, as in 
        effect on December 10, 1996.'' and inserting ``includes any 
        sight or sound interaction between a youth under 18 in a secure 
        custody status with an adult inmate.'',
            (2) by amending paragraph (26) to read as follows:
            ``(26) the term `adult inmate' means an individual who--
                    ``(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                    ``(B) has been arrested and is in custody for or 
                awaiting trial on a criminal charge, or is convicted of 
                a criminal charge offense; excluding individuals who 
                are--
                            ``(i) at the time of the offense, younger 
                        than the maximum age at which a youth can be 
                        held in a juvenile facility under applicable 
                        State law; and
                            ``(ii) committed to the care and custody of 
                        a juvenile correctional facility by a court of 
                        competent jurisdiction or by operation of 
                        applicable State law.'',
            (3) in paragraph (28) by striking ``; and'' at the end,
            (4) in paragraph (29) by striking the period at the end and 
        inserting a semicolon, and
            (5) by adding at the end the following:
            ``(30) the term `restraint' means a chemical or medical 
        agent, physical force technique, or mechanical device that 
        restricts the movement of juveniles held in the custody of 
        State or local secure detention or corrections facilities and 
        youth participating in court-ordered delinquency prevention and 
        juvenile justice programs;
            ``(31) the term `chemical agent' means a spray used to 
        temporarily incapacitate a person, such as oleoresin capsicum 
        spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas);
            ``(32) the term `isolation' means any instance when a youth 
        is confined alone for more than 15 minutes in a locked or 
        unlocked room and includes instances when a resident is 
        confined for cause or punishment in a room or cell in which he 
        or she usually sleeps, but does not include confinement in a 
        large dormitory with other youth, protective isolation (for 
        injured youths or youths whose safety is threatened), program 
        separation, routine isolation at the time of the youth's 
        admission, or isolation that is requested by the youth or any 
        medical room confinement;
            ``(33) the term `room time' means any instance in which a 
        youth is confined alone for more than 15 minutes, and includes 
        confinement alone at the time of the youth's admission as well 
        as protective isolation and program separation, administrative 
        reasons, investigation purposes, low staffing and other 
        reasons, but does not include time when a youth asks to go to 
        his room or confinement for medical reasons;
            ``(34) the term `evidence based' means a program that is 
        demonstrated with relative evidence, normed and validated for a 
        diverse population, to be either--
                    ``(A) exemplary, such that it is implemented with a 
                high degree of fidelity and demonstrates robust 
                empirical findings using a reputable conceptual 
                framework and an experimental evaluation design of the 
                highest quality (a random assignment control trial); or
                    ``(B) effective, such that it is implemented with 
                sufficient fidelity that it demonstrates adequate 
                empirical findings using a sound conceptual framework 
                and a quasi-experimental evaluation design of high 
                quality (comparison group without random assignment 
                control group);
            ``(35) the term `promising' means a program that 
        demonstrates effectiveness using reasonable, limited findings, 
        and that has underway a more appropriate evaluation that meets 
        the criteria set forth in paragraph (33)(A) for determining 
        evidence-based programs; and
            ``(36) the term `dangerous practice' means an act, 
        procedure, or program that creates an unreasonable risk of 
        physical injury, pain, or psychological harm to a juvenile 
        subjected to the act, and it includes the use of chemical 
        agents; choking; blows to the head; twisting body parts against 
        joints or other techniques that rely on infliction of pain to 
        secure compliance; restraint to fixed objects; restraint in any 
        manner that creates risk of asphyxiation; use of belly belts or 
        chains on pregnant girls; use of four-point or five-point 
        restraints, straightjackets or restraint chairs, except for 
        medical or mental health purposes specifically related to the 
        safety of the youth, and under the direct supervision of 
        medical or mental health personnel, use of psychotropic 
        medication without adherence to professional standards 
        regarding dosage, or for purposes of coercion, punishment, or 
        convenience of staff; and use of physical force, chemical 
        agents, or mechanical restraints for purposes of coercion, 
        retaliation, punishment, or convenience of staff; and 
        prolonged, forced physical exercise.''.

SEC. 3. STATE PLAN.

    Section 223(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (8) by striking ``existing'' and inserting 
        ``proven effective'',
            (2) in paragraph (9)(L)(i) by striking ``restraints'' and 
        inserting ``requirements'',
            (3) in paragraph (27) by striking ``and'' at the end,
            (4) in paragraph (28) by striking the period at the end and 
        inserting a semicolon, and
            (5) by adding at the end the following:
            ``(29) require that not later than 3 years after the date 
        of enactment of this paragraph and except when under the 
        circumstances outlined in paragraph (13), youth under the age 
        of 18 awaiting trial or other legal process who are treated as 
        adults for purposes of prosecution in criminal court and housed 
        in a secure facility--
                    ``(A) shall not have contact with adult inmates; 
                and
                    ``(B) shall not be held in jail or lockup for 
                adults;
            ``(30) provide that the State will--
                    ``(A) develop policies and procedures to eliminate 
                the State-supported use of dangerous practices, 
                unnecessary isolation, unnecessary room time, and 
                unreasonable restraint with juveniles in the custody of 
                State or local secure detention and correctional 
                facilities and residential treatment centers and 
                provide for data collection and reporting on the use of 
                restraints, isolation, and room time in secure 
                detention and correctional facilities;
                    ``(B) increase the State's efforts to operate 
                facilities and programs that are safe for youth and 
                staff, through effective behavior management systems 
                that clearly communicate incentives and sanctions to 
                increase appropriate behavior and decrease 
                inappropriate behavior, and which are implemented 
                through a continuum of responses that begin with verbal 
                de-escalation and that only allow for use of the most 
                punitive responses as a last resort;
                    ``(C) increase the State's efforts to provide 
                training for facility staff on effective techniques for 
                effective behavior management, de-escalation and crisis 
                intervention, adolescent development, safe physical 
                control techniques, developmental disabilities, mental 
                health disorders, and cultural competence;
                    ``(D) increase the State's efforts to develop 
                engaging, effective programming, and establish safe 
                staffing levels in secure detention and correctional 
                facilities; and
                    ``(E) provide for a system of independent 
                monitoring for all juvenile detention and correctional 
                facilities in the State to identify and address 
                dangerous practices, unnecessary uses of isolation and 
                room time, and unreasonable restraint, as well as 
                deficiencies in provision of education, medical care, 
                mental health care, and other conditions of 
                confinement; and
            ``(31) provide reasonable assurance the Federal funds made 
        available under this part for any period will not be used for 
        dangerous practices with juveniles in the custody of State or 
        local secure detention and correctional facilities.''.

SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended by adding at the end the following:
    ``(e) Incentive Grants.--
            ``(1) Incentive grants funds.--The Administrator shall make 
        grants totaling at least 5 percent of the funds appropriated 
        for this part in each fiscal year as incentive grants to 
        States. The Administrator shall make such incentive grants 
        consistent with the provisions of subsection (a), and shall 
        condition such grants upon--
                    ``(A) the State's support for evidence-based or 
                promising programs, prioritizing programs that address 
                the mental health treatment needs of juveniles;
                    ``(B) the State's support of reforms that reduce or 
                eliminate the State-supported use of dangerous 
                practices;
                    ``(C) the State's support for reforms that ensure 
                that seclusion in secure detention or correctional 
                facilities is limited to situations in which seclusion 
                is the least restrictive measure sufficient to address 
                a youth's danger to self or others, used only for the 
                amount of time necessary and is terminated when there 
                is no longer an immediate danger to the youth or 
                others, or imposed only after applicable due process; 
                and
                    ``(D) the demonstration by the State of an 
                improvement of public safety and rehabilitation of 
                delinquent and at-risk youths.
            ``(2) The State shall make the demonstration required by 
        paragraph (1)(D) by using accurate and reliable data reported 
        annually showing both--
                    ``(A) a reduction in either recidivism or offenses 
                by youths under age 18, using arrest data; and
                    ``(B) either--
                            ``(i) an increase in the use of least 
                        restrictive placement for juveniles as 
                        appropriate for community safety;
                            ``(ii) an increase in the safety of youths 
                        in the delinquency or criminal justice system; 
                        or
                            ``(iii) a decrease in racial and ethnic 
                        disparities in the delinquency system.''.

SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS.

    Section 223(a)(11) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended--
            (1) by striking ``shall'', and
            (2) by amending subparagraph (A) to read as follows:
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding juveniles who are 
                charged with or who have committed a violation of 
                section 922(x)(2) of title 18, United States Code, or 
                of a similar State law, shall not be placed in secure 
                detention facilities or secure correctional facilities; 
                and''.
answer:

Juvenile Justice Improvement Act of 2009 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, monitor for and eliminate the use of dangerous practices, unnecessary isolation, unnecessary room time, and unreasonable restraint for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities.