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

This Act may be cited as the ''Shareholder Empowerment Act of
2009''.

SEC. 2. MAJORITY VOTING FOR DIRECTORS.

The Securities Exchange Act of 1934 is amended by adding after
section 16 the following new section:

''SEC. 16A. ELECTION OF DIRECTORS.

''(a) Standards Relating to Election of Directors.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Standards for election of directors.--
''(A) Majority voting.--Each issuer shall, to the
extent permitted under State law, provide in its
governing documents that--
''(i) directors in uncontested elections
shall be elected by a majority of the votes
cast as to each nominee; and
''(ii) in contested elections where the
number of nominees exceeds the number of
directors to be elected, directors shall be
elected by the vote of a plurality of the
shares represented at any meeting and entitled
to vote on the election of directors.
''(B) Resignation policy.--Each issuer shall also,
to the extent permitted under State law, adopt
procedures under which any director who is not elected
to a new term shall offer to tender his or her
resignation to the board of directors. The board of
directors, with the advice of a committee of the board
if such a committee has been established for that
purpose, shall determine what action should be taken as
to that resignation and shall publicly disclose its
decision and the rationale for that decision within a
reasonable period after certification of the election
results.
''(b) Shareholder Access to the Proxy in Director Elections.--
''(1) Rule.--Not later than 270 days after the date of
enactment of this section, the Commission shall, by rule,
require that in proxy statements and proxies, authorizations or
consents prepared by an issuer pursuant to section 14, the
issuer shall identify and provide security holders with an
opportunity to vote on candidates for the board of directors
who have been nominated by holders in the aggregate at least 1
percent of the issuer's voting securities for at least 2 years
prior to a record date established by the issuer for a meeting
of security holders.
''(2) Application.--This rule shall specify the information
to be provided to an issuer by security holders who nominate
candidates for inclusion in an issuer's proxy materials under
this section and shall require the issuer to disclose
information about such candidates in the issuer's proxy
materials to the same extent that information must be disclosed
about candidates nominated by the issuer. This rule shall apply
only when eligible security holders have nominated fewer than a
majority of the number of directors then authorized to serve on
the board of directors, and the rule shall specify procedures
to be followed if different security holders nominate
candidates sufficient to constitute a majority of the board of
directors.
''(3) Effective date.--The rule shall apply to proxy voting
for meetings of security holders held on or after January 1,
2010, except to the extent that a meeting was originally
scheduled to be held in 2009, but was adjourned to 2010.
''(c) Broker Discretionary Voting in Uncontested Director
Elections.--Not later than 270 days after the date of enactment of this
section, the Commission shall by, rule, require that a broker shall not
be allowed to vote securities on an uncontested election to the board
of directors of an issuer to the extent that the beneficial owner of
those securities has not provided specific instructions to the broker.
The rule shall apply to proxy voting for meetings of security holders
held on or after January 1, 2010, except to the extent that a meeting
was originally scheduled to be held in 2009, but was adjourned to 2010.
''(d) Independent Chairman of the Board of Directors.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Independent chairman of the board of directors.--Each
issuer shall provide in its governing documents or a public
statement of corporate policy that, to the extent possible and
consistent with the issuer's status as a publicly traded
company, the chairman of the board of directors shall be an
independent director who has not previously served as an
executive officer of the issuer. Such rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section. For purposes of this subsection, an
'independent director' shall be one who during the preceding 5
years has not been--
''(A) employed by the issuer in an executive
capacity;
''(B) an employee, director or owner greater than
20 percent of the beneficial shares of a firm that is a
paid adviser or consultant to the issuer;
''(C) employed by a significant customer or
supplier of the issuer;
''(D) a party to a personal services contract with
the issuer, as well as with the issuer's Chair, chief
executive officer, or other senior executive officer;
''(E) an employee, officer or director of a
foundation, university or other non-profit organization
that receives the greater of $100,000 or 1 percent of
total annual donations from the issuer;
''(F) a relative of an executive of the issuer;
''(G) part of an interlocking directorate in which
the issuer's chief executive officer or another
executive serves on the board of another issuer
employing that director; and
''(H) engaged in any other relationship with the
issuer or senior executives that the Commission
determines would not render that director an
independent director.''.

SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS.

The Securities Exchange Act of 1934 is further amended by adding
after the section 16A, as added by section 2, the following new section

''SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS.

''(a) Shareholder Approval of Executive Compensation.--
''(1) Annual shareholder vote on executive compensation.--
Any proxy or consent or authorization for an annual or other
meeting of an issuer shall permit a separate vote by
shareholders to approve the compensation of senior executive
officers, as disclosed pursuant to the compensation disclosure
rules of the Commission (which disclosure shall include the
compensation discussion and analysis, the compensation tables,
and any related material).
''(2) Non-binding nature of vote.--A shareholder vote
described in paragraph (1) shall not be binding on the board of
directors of an issuer and may not be construed as overruling a
decision by such board, nor to create or imply any additional
fiduciary duty by such board, nor shall such vote be construed
to restrict or limit the ability of security holders to make
proposals for inclusion in proxy materials related to executive
compensation.
''(3) Deadline for rules.--Not later than 1 year after the
date of enactment of this section, the Commission shall issue
any final rules and regulations required by this section.
''(4) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
''(b) Independent Compensation Advisers.--
''(1) Requirement.--Not later than 1 year after the date of
enactment of this section, the Commission shall, by rule,
require that if an issuer's board of directors or a committee
thereof retains an individual adviser or advisory firm in
conjunction with negotiating employment contracts or
compensation agreements with the issuer's executives, the
individual adviser and his or her firm shall be independent of
the issuer, its executives and directors, and shall report
solely to the board of directors or the committee thereof
responsible for executive compensation. The rule shall further
require that issuers shall not agree to indemnify or limit the
liability of compensation advisers or advisory firms.
''(2) Determination.--In determining the extent to which an
adviser or advisory firm is independent of an issuer within the
meaning of this section, the Commission shall consider such
matters as--
''(A) the extent (as measured by annual fees and
other relevant metrics) to which an individual adviser
or advisory firm provides services in conjunction with
negotiating employment contracts or compensation
agreements with the issuer's executives, as compared to
other services that the adviser or advisory firm
provides to the issuer or executives;
''(B) whether individual advisers are permitted to
hold equity and do hold equity in the issuer; and
''(C) whether an advisory firm's incentive
compensation plan links the compensation of individual
advisers to the advisory firm's provision of other
services to the issuer.
''(c) Clawbacks of Unearned Performance-Based Pay.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Recoupment of unearned compensation.--An issuer's
board of directors or a committee thereof shall develop and
disclose a policy for reviewing unearned bonus payments,
incentive payments, or equity payments that were awarded to
executive officers owing to fraud, financial results that
require restatement, or some other cause. The policy should
require recovery or cancellation of any unearned payments to
the extent that it is feasible and practical to do so.
''(3) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
''(d) Severance Agreements Tied to Performance.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Severance agreements tied to performance.--An
issuer's board of directors or a committee thereof shall not
enter into agreements providing for severance payments to a
senior executive officer who is terminated because of poor
performance as an executive, as determined by the board of
directors. To the extent that an issuer is able to terminate a
senior executive officer for cause, poor performance by the
executive, as determined by the board of directors, shall be
considered as one such cause. The rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section.
''(e) Improved Disclosure of Compensation Targets.--Not later than
1 year after the date of enactment of this section, the Commission
shall, by rule, require additional disclosure of specific performance
targets that are used by issuers to determine a senior executive
officer's eligibility for bonuses, equity and incentive compensation.
The Commission shall consider methods to improve disclosure in
situations when it is claimed that disclosure would result in
competitive harm to the issuer, including, requirements that the issuer
describe its past experience with similar target levels, disclose any
inconsistencies between compensation targets and targets set in other
contexts, submit a request for confidential treatment of the
performance targets under Commission rules, or disclose the data after
disclosure would no longer be considered competitively harmful.''.

SOLUTION: Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations.

Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer.

Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors.

Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance.

Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.-- This Act may be cited as the ''Tribal Government
Homeland Security Coordination and Integration Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Office of tribal government homeland security.
Sec. 5. Report to congress.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Since the terrorist attacks of September 11, 2001, and
the subsequent introduction of weapons grade anthrax into the
United States Postal System and Congressional office buildings
in Washington, D.C., the President and the Congress have worked
closely to respond to the need to rebuild and strengthen the
nation's public health, national security, and emergency
response systems.
(2) Based on Article I, section 8 of the United States
Constitution, treaties, Federal statutes, and court decisions,
the United States has a unique historical and legal
relationship with American Indian and Alaska Native people,
which serves as the basis for the Federal Government's trust
responsibility and obligations. There are currently 558
federally-recognized Indian tribes in the United States, with
some 40 percent of Indian tribes located in the State of
Alaska. Indian tribes have principle responsibility for lands
and people within their jurisdiction.
(3) Despite the government-to-government relationship
between Indian tribes and the United States, the United States
has failed to include and consult with Indian tribes with
regard to homeland security prevention, protection, and
response activities planning. Moreover, there are no specific
provisions for the Bureau of Indian Affairs or the Indian
Health Service to participate in homeland security programs and
funding.
(4) Throughout many areas of the United States, facilities
operated, and services, activities and government functions
carried out, by Indian tribes, the Bureau of Indian Affairs and
the Indian Health Service are the only sources available to
provide emergency health services, disaster response, and law
enforcement to the tribal and non-tribal community, thus
serving the role as ''first responders'' in the event of a
terrorist attack.
(5) To provide for the public health and safety on tribal
lands and in the surrounding communities, it is imperative to
establish tribal participation in homeland security
initiatives. Indian tribes must be included in the national
strategy for homeland security and receive an appropriate share
of related funding.
(6) The treatment of Indian tribes as State governments, as
appropriate, for developing funding methodologies, planning,
consultation, coordination, and for eligibility for grant
monies will ensure Indian tribes are adequately prepared to
respond to Homeland Security threats.
(7) Indian tribes shall be treated as State, as
appropriate, for purposes of planning, consultation,
coordination, eligibility for grant monies and other purposes
to improve the United States capacity to prepare, prevent and
respond to terrorist activities.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish within the Department of Homeland Security
an office known as the Office of Tribal Government Homeland
Security.
(2) To authorize the Secretary of Homeland Security to
appoint, in consultation with Indian tribes, a Director of
Tribal Government Homeland Security.
(3) To provide for more effective management of, and
accountability for the proper discharge of, the Secretary's
trust responsibility to Indian tribes and individual American
Indians and Alaska Natives by establishing in the Department of
Homeland Security an Office of Tribal Government Homeland
Security.
(4) To integrate and coordinate the efforts of the
Department of Homeland Security and Indian tribes to prepare
for, prevent, protect against, respond to, and recover from
terrorist attacks.
(5) To provide strategic integration of the Homeland
Security activities of Indian tribes that will complement the
operational consolidation of the various directorates within
the Department.
(6) To supplement the capacity of the Indian Health Service
and the Bureau of Indian Affairs to respond to the homeland
security needs of American Indians and Alaska Natives, without
jeopardizing the nonsecurity missions of the Indian Health
Service and the Bureau of Indian Affairs.
(7) To serve as an information clearinghouse and to enhance
the integration and coordination of Indian tribes and in the
activities of the Department of Homeland Security.
(8) To establish an organizational framework within the
Department of Homeland Security through which the Federal
Government, Indian tribes, and State and local governments can
work effectively and collaboratively on public health and
safety, terrorism detection, prevention, response, and
protection of critical infrastructure.

SEC. 3. DEFINITIONS.

In this Act:
(1) Director.--The term ''Director'' means the Director of
the Office of Tribal Government Homeland Security.
(2) Indian tribe.--The term ''Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Office.--The term ''Office'' means the Office of Tribal
Government Homeland Security established in section 4.
(4) Secretary.--The term ''Secretary'' means the Secretary
of Homeland Security.

SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SECURITY.

(a) In General.--
(1) Establishment.--There is hereby established within the
Department of Homeland Security an office to be known as the
''Office of Tribal Government Homeland Security''.
(2) Director.--The Office shall be headed by a Director,
appointed by the Secretary in consultation with Indian tribes,
whose title shall be the Director of Tribal Government Homeland
Security. The Director shall be equal in pay and authority of
an Assistant Secretary.
(b) Duties of Secretary; Director.--
(1) Duties of the secretary.--The Secretary shall--
(A) ensure the coordination of Federal programs
that provide assistance (including financial and
technical assistance) to eligible Indian tribes and
provide those governments with treatment as State
governments, as appropriate, for planning,
consultation, and coordination and for eligibility for
Federal grant monies and funds to improve capacity and
help prepare, prevent, and respond to terrorist
activities, and for other related purposes in and near
tribal communities;
(B) ensure Indian tribes are included in the
coordination activities of the Homeland Security
Department's Border and Transportation functions in the
same manner as State and local law enforcement
entities;
(C) ensure Indian tribes with jurisdiction over
lands adjacent to the Canadian and Mexican borders are
adequately prepared to help protect United States
borders, territorial waters, waterways, and other
transportation systems;
(D) ensure the broad spectrum of infrastructure
throughout Indian Country, including nuclear and
electrical power plants, water and sanitation
facilities, agricultural, food processing, oil, timber,
and other natural resources is adequately protected
against terrorist threats;
(E) ensure that Indian tribes are properly equipped
to prepare for, prevent, and respond to terrorist
activities in the same manner as State and local
governments;
(F) provide Indian tribes the necessary equipment
for detection, protection, and decontamination in
emergencies involving weapons of mass destruction;
(G) provide Indian tribes with emergency
preparedness training and exercise programs and further
assistance for any emergency, including natural
disasters or disease;
(H) include Indian tribes in all facets of
research, development, resource assessment, and risk
analysis in the same manner as State and local
governments; and
(I) include Indian tribes, as appropriate, in the
coordination of the Homeland Security Department's
Immigration and Nationality functions in the same
manner as State and local law enforcement entities.
(2) Duties of the director.--The Director shall--
(A) coordinate homeland security activities among
Indian tribes and related Federal agencies, including
integration and coordination of the efforts of the
Department of Homeland Security and Indian tribes to
prepare for, prevent, protect against, respond to, and
recover from terrorist attacks;
(B) provide strategic integration to complement the
operational consolidation of the various directorates
within the Department of Homeland Security, with
respect to Indian tribes;
(C) ensure that Indian tribes are included in the
gathering and analysis of terrorist threats and other
information in the same manner as Federal, State, and
local law enforcement entities;
(D) serve as the Secretary's key point of contact
for Indian tribes in need of assistance and information
homeland security grants for purposes of planning,
consultation, coordination, eligibility for grant
monies and other purposes to improve the United States
capacity to prepare, prevent and respond to terrorist
activities and to work with Indian tribes and executive
agencies in promoting homeland security;
(E) serve as the coordinating center intended to
facilitate communication between and integration with
Indian tribes and other Federal departments that have
homeland security responsibilities, including but not
limited to health surveillance, emergency preparation
and response, border security, critical infrastructure
protection, technology, and communication;
(F) establish a network through which the Federal
Government, Indian tribes, and State and local
governments work collaboratively on public health and
safety, terrorism detection, prevention, response, and
protection of critical infrastructure targets; and
(G) establish a mechanism for the distribution of
warnings and information to tribal communities.
(c) Treatment of Indian Tribes as States.--
(1) In general.--The Secretary shall--
(A) treat Indian tribes as States, as appropriate,
for the purpose of homeland security consultation,
planning, coordination, bioterrorism preparedness,
prevention, and response, emergency preparedness and
response, border and transportation security, and for
other purposes related to protecting the homeland;
(B) include Indian tribes in funding methodologies
for purposes of allocating any financial resources; and
(C) support and facilitate the capacity necessary
for the Indian Health Service and Bureau of Indian
Affairs to respond to the homeland security needs of
American Indians and Alaska Natives, without
jeopardizing their non-security missions.
(2) Discretionary authority.--The Secretary may delegate to
such Indian tribes primary responsibility for homeland security
activities within its respective jurisdiction.
(d) Information Sharing.--The Secretary shall provide assistance to
enhance information technology capabilities of Indian tribes and
ensure--
(1) the active participation of Indian tribes in the
coordination with Federal, State, and local governments and the
private sector as related to Homeland Security activities; and
(2) provide Indian tribes access to the same type of
information being exchanged between Federal, State, and local
authorities for the purpose of providing government personnel,
agencies, and authorities, with appropriate intelligence
information, including warnings, regarding threats posed by
terrorism in a timely and secure manner.
(e) Federal Grants.--
(1) General eligibility.--Indian tribes shall be eligible
to apply for, receive, direct, and supervise any homeland
security-related Federal grant programs.
(2) Authority to award grants.--The Secretary may award
grants to Indian tribes for the following purposes:
(A) Planning, consultation, and coordination to
improve infrastructure, to prevent terrorist
activities.
(B) Training and education of employees responsible
for public health, safety and emergency response
activities.
(C) Addressing communication gaps and
infrastructure needs related to homeland security.
(D) Increasing the capacity of Indian tribes to
help prepare, prevent, and respond to terrorist
activities and other public health and safety
emergencies.
(E) Development of a comprehensive plan to help
prepare, prevent, and respond to terrorist activities
and other public health and safety emergencies.
(F) Implementation of plans to help prepare,
prevent, and respond to terrorist activities and other
public health and safety emergencies.
(G) The preparation of reports assessing the
emergency preparedness of Indian tribes, including an
assessment of Indian tribes' coordination with the
Department.
(H) Such other purposes related to the purposes of
this Act the Secretary considers appropriate.
(f) Technical Assistance.--The Secretary shall--
(1) directly or by contract, provide Indian tribes with
technical assistance in developing, implementing and managing
emergency response plans.
(2) Ensure that legal, financial, and other expertise of
the Department of Homeland Security is made fully available in
an advisory capacity to Indian tribes to assist in the
development, implementation, and management of emergency
response plans.
(3) Provide Department of Homeland Security programs
designed to provide legal, accounting, financial, or technical
assistance to eligible Indian tribes.
(4) Facilitate cooperation with the heads of appropriate
Federal agencies working on Homeland Security initiatives.
(5) Any other activity that the Secretary, in consultation
with the Director, considers appropriate to carry out this
section.
(g) Assessment.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit an assessment report
detailing the baseline readiness of Indian tribes to the Committee on
Indian Affairs of the Senate and the Committee on Resources of the
House of Representatives. In addition to an assessment of baseline
readiness, the report shall contain any legislative recommendations
necessary to improve coordination and integration of Indian tribes in
the National Homeland Security Strategy.
(h) Reporting.--The Secretary shall determine the effectiveness of
the Office through the preparation of reports assessing the emergency
preparedness of Indian tribes, including an assessment of Indian
tribes' coordination with the Department of Homeland Security.
(i) Prohibition.--The Secretary may not provide assistance under
this section for any activity related to the operation of a gaming
activity on Indian lands pursuant to the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).

SEC. 5. REPORT TO CONGRESS.

(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary, in
consultation with the Director, shall prepare and submit to the
Committee on Indian Affairs of the Senate and the Committee on
Resources of the House of Representatives a report on the operation of
the Office.
(b) Contents of Report.--Each report prepared under subsection (a)
shall include--
(1) for the period covered by the report, a summary of the
activities conducted by the Secretary, in carrying out
subsections (b) through (h) of section 4; and
(2) any recommendations for legislation that the Secretary,
in consultation with the Director, determines to be necessary
to carry out such sections.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums are necessary to
carry out this Act, to remain available until expended.

SOLUTION: Tribal Government Homeland Security Coordination and Integration Act - Establishes the Office of Tribal Government Homeland Security (Office) within the Department of Homeland Security. Requires the Secretary of Homeland Security to appoint a Director to head the Office.

Prescribes the Secretary's and the Director's duties of coordination, infrastructure and equipment readiness, training, and inclusion of Indian tribes in homeland security preparedness.

Requires the Secretary to treat Indian tribes as states, as appropriate for the purpose of homeland security. Authorizes the Secretary to delegate to Indian tribes primary responsibility for homeland security activities within their respective jurisdictions. Requires the Secretary to integrate the roles of the Bureau of Indian Affairs and Indian Health Services with regard to homeland security.

Requires the Secretary to provide assistance to enhance information technology capabilities of tribes and ensure the participation of Indian tribes in the coordination with federal, state, and local governments and the private sector as related to Homeland Security activities.

Declares Indian tribes to be eligible to apply for, receive, direct, and supervise any homeland security-related federal grant program.

Authorizes the Secretary to award grants to Indian tribes for specified homeland security purposes.

Requires the Secretary to provide Indian tribes with: (1) technical assistance in developing, implementing, and managing emergency response plans; (2) Department of Homeland Security expertise and programs; (3) the cooperation of the heads of appropriate Federal agencies; and (4) any other activity the Secretary considers appropriate to provide homeland security technical assistance to Indian tribes.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Justice Exists for All of Us Act of
2013''.

SEC. 2. STATE ''STAND YOUR GROUND'' LAWS AND NEIGHBORHOOD WATCH
REGISTRATION.

(a) In General.--For each fiscal year after the expiration of the
period of implementation specified in subsection (b), a State shall--
(1) not have in effect throughout the State any law or
policy that allows a person to use deadly force when such
person is threatened that does not impose a duty to retreat
before using such force in any place where such person is
lawfully present (commonly known as ''stand your ground
laws''), except that a State may have in place a law or policy
that permits a victim of domestic violence to use deadly force
when such victim is threatened and does not impose a duty on
the victim to retreat before using such force in any place
where such victim is lawfully present; and
(2) have in effect throughout the State laws and policies
that make it unlawful to establish, organize, operate, or
participate in a neighborhood watch program unless such program
is registered with--
(A) the local law enforcement agency that has
jurisdiction over the neighborhood in which the program
is located; and
(B) the Department of Justice, in accordance with
regulations promulgated by the Attorney General.
(b) Period for Implementation by States.--
(1) Deadline.--Each State shall implement this section
before 3 years after the date of the enactment of this Act.
(2) Extensions.--The Attorney General may authorize up to
two 1-year extensions of the deadline in paragraph (1).
(c) Failure of State To Comply.--
(1) In general.--For any fiscal year after the end of the
period for implementation under subsection (b), a State that
fails, as determined by the Attorney General, to substantially
implement this section shall not receive 20 percent of the
funds that would otherwise be allocated for that fiscal year to
the State 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.).
(2) State constitutionality.--
(A) In general.--When evaluating whether a State
has substantially implemented this section, the
Attorney General shall consider whether the State is
unable to substantially implement this section because
of a demonstrated inability to implement certain
provisions that would place the State in violation of
its constitution, as determined by a ruling of the
State's highest court.
(B) Efforts.--If the circumstances arise under
subparagraph (A), then the Attorney General and the
State shall make good faith efforts to accomplish
substantial implementation of this section and to
reconcile any conflicts between this section and the
State's constitution. In considering whether compliance
with the requirements of this section would likely
violate the State's constitution or an interpretation
thereof by the State's highest court, the Attorney
General shall consult with the chief executive and
chief legal officer of the State concerning the State's
interpretation of the State's constitution and rulings
thereon by the State's highest court.
(C) Alternative procedures.--If the State is unable
to substantially implement this section because of a
limitation imposed by the State's constitution, the
Attorney General may determine that the State is in
compliance with this Act if the State has implemented,
or is in the process of implementing, reasonable
alternative procedures or accommodations that are
consistent with the purposes of this Act.
(D) Funding reduction.--If a State does not comply
with subparagraph (C), then the State shall be subject
to a funding reduction as specified in paragraph (1).
(3) Reallocation.--Amounts not allocated 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.) to a State for failure to
substantially implement this section shall be reallocated under
such subpart to States that have not failed to substantially
implement this section or may be reallocated to a State from
which they were withheld to be used solely for the purpose of
implementing this section.
(d) Definition of State.--In this section the term ''State'' shall
have the meaning given such term in section 901(a) of Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.).

SEC. 3. STUDY ON ''STAND YOUR GROUND'' LAWS.

(a) Authority.--Not later than one year after the date of enactment
of this Act, the Attorney General shall conduct a study of State laws
that allow a person to use deadly force when such person is threatened
and do not impose a duty to retreat before using such force in any
place where such person is lawfully present (commonly known as ''stand
your ground laws'').
(b) Contents of Study.--In conducting the study under subsection
(a), the Attorney General shall examine each of the following:
(1) The effect that stand your ground laws have on rates of
violent deaths, including determining whether States that have
stand your ground laws have higher rates of violent deaths than
States that do not have such laws.
(2) Whether women and minorities are targets of the force
authorized by stand your ground laws at a higher rate than the
general population.
(c) Report.--Not later than 180 days after completing the study
conducted under subsection (a), the Attorney General shall report the
findings of such study to Congress.

SOLUTION:
Justice Exists for All of Us Act of 2013 - Prohibits a state, for each fiscal year beginning three years after enactment of this Act, from having in effect a law or policy that: (1) allows a person to use deadly force when such person is threatened and that does not impose a duty to retreat before using such force in any place where that person is lawfully present (commonly known as a "stand your ground law"), except where the person is a victim of domestic violence; or (2) allows the establishment, organization, or operation of, or participation in, a Neighborhood Watch program that is not registered with the local law enforcement agency and the Department of Justice (DOJ). Allows the Attorney General to authorize up to two one-year extensions of such deadline. Provides that a state that fails to substantially implement this Act for any fiscal year shall not receive 20% of the funds that would otherwise be allocated to it under the Edward Byrne Memorial Justice Assistance Grant program. Provides for alternative procedures for compliance by a state that is unable to substantially implement this Act because of a conflict with the state's constitution. Directs the Attorney General to conduct a study of state stand your ground laws, including by examining: (1) the effect that such laws have on rates of violent deaths, and (2) whether women and minorities are targets of the force authorized by such laws at a higher rate than the general population.