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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Empowering Jobs Act of 2015''.

SEC. 2. MODIFICATION OF RULES FOR TAX-EXEMPT ENTERPRISE ZONE FACILITY
BONDS.

(a) In General.--Clause (i) of section 1394(b)(3)(B) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ''References'' and inserting the following:
''(I) In general.--Except as
provided in subclause (II),
references'', and
(2) by adding at the end the following new subclause:
''(II) Special rule for employee
residence test.--For purposes of
subsection (b)(6) and (c)(5) of section
1397C, an employee shall be treated as
a resident of an empowerment zone if
such employee is a resident of an
empowerment zone, an enterprise
community, or a qualified low-income
community within an applicable
nominating jurisdiction.''.
(b) Definitions.--
(1) Qualified low-income community.--Paragraph (3) of
section 1394(b) of the Internal Revenue Code of 1986 is amended
by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E), respectively, and by inserting after subparagraph (B)
the following new subparagraph:
''(C) Qualified low-income community.--For purposes
of subparagraph (B)--
''(i) In general.--The term 'qualified low-
income community' means any population census
tract if--
''(I) the poverty rate for such
tract is at least 20 percent, or
''(II) the median family income for
such tract does not exceed 80 percent
of statewide median family income (or,
in the case of a tract located within a
metropolitan area, metropolitan area
median family income if greater).
Subclause (II) shall be applied using
possessionwide median family income in the case
of census tracts located within a possession of
the United States.
''(ii) Targeted populations.--The Secretary
shall prescribe regulations under which 1 or
more targeted populations (within the meaning
of section 103(20) of the Riegle Community
Development and Regulatory Improvement Act of
1994) may be treated as a qualified low-income
communities.
''(iii) Areas not within census tracts.--In
the case of an area which is not tracted for
population census tracts, the equivalent county
divisions (as defined by the Bureau of the
Census for purposes of defining poverty areas)
shall be used for purposes of determining
poverty rates and median family income.
''(iv) Modification of income requirement
for census tracts within high migration rural
counties.--
''(I) In general.--In the case of a
population census tract located within
a high migration rural county, clause
(i)(II) shall be applied to areas not
located within a metropolitan area by
substituting '85 percent' for '80
percent'.
''(II) High migration rural
county.--For purposes of this clause,
the term 'high migration rural county'
means any county which, during the 20-
year period ending with the year in
which the most recent census was
conducted, has a net out-migration of
inhabitants from the county of at least
10 percent of the population of the
county at the beginning of such
period.''.
(2) Applicable nominating jurisdiction.--Subparagraph (D)
of section 1394(b)(3) of such Code, as redesignated by
paragraph (1), is amended by adding at the end the following
new clause:
''(iii) Applicable nominating
jurisdiction.--The term 'applicable nominating
jurisdiction' means, with respect to any
empowerment zone or enterprise community, any
local government that nominated such community
for designation under section 1391.''.
(c) Conforming Amendments.--
(1) Clause (iii) of section 1394(b)(3)(B) of such Code is
amended by striking ''or an enterprise community'' and
inserting '', an enterprise community, or a qualified low-
income community within an applicable nominating
jurisdiction''.
(2) Subparagraph (D) of section 1394(b)(3) of such Code, as
redesignated by subsection (b)(1), is amended by striking
''Definitions'' and inserting ''Other definitions''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued before, on, or after the date of the enactment of
this Act and not redeemed before the date of the enactment of this Act.

SEC. 3. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.

(a) In General.--Clause (i) of section 1391(d)(1)(A), as amended by
the Tax Increase Prevention Act of 2014, is amended by striking
''December 31, 2014'' and inserting ''December 31, 2016''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment zone the
nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.
(c) Effective Dates.--The amendment made by subsection (a) shall
apply to periods after December 31, 2014.

Answer: Empowering Jobs Act of 2015 Amends the Internal Revenue Code, with respect to tax-exempt enterprise zone facility bonds and empowerment zones, to: (1)include as employees of a qualified business entity employees who are residents ofan empowerment zone, an enterprise community, or a qualified low-income community; and (2)extend the period of designation for empowerment zones through December 31, 2016 (thus extending the eligibility of such zones for certain tax benefits).

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(A) The actual gross cargo weight.
''(B) A reasonable description of the contents of
the container or trailer.
''(C) The identity of the certifying party.
''(D) The container or trailer number.
''(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
''(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
''(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.

Answer: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

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.