[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2708 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2708

 To develop the National Strategy for Homeland Security, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2004

 Mr. Lieberman introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To develop the National Strategy for Homeland Security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategy for Homeland 
Security Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the Homeland 
        Security Strategy Commission established under section 4.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Strategy.--The term ``Strategy'' means the National 
        Strategy for Homeland Security developed under this Act.

SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY.

    (a) Development and Submission of Strategy.--
            (1) Development.--The Secretary, under the direction of the 
        President, and in collaboration with the Assistant to the 
        President for Homeland Security and the Homeland Security 
        Council, shall develop the National Strategy for Homeland 
        Security for the detection, prevention, protection, response, 
        and recovery with regard to terrorist threats to the United 
        States.
            (2) Submission to congress.--
                    (A) Initial submission.--Not later than December 1, 
                2005, and not later than December 1st of each year in 
                which a President is inaugurated, the Secretary shall 
                submit the Strategy to Congress.
                    (B) Biennial update.--Not later than 2 years after 
                each submission of the Strategy under subparagraph (A), 
                the Secretary shall submit to Congress an updated 
                version of the Strategy.
                    (C) Progress reports.--Each year, in conjunction 
                with the President's budget request, the Secretary 
                shall provide an assessment of progress on implementing 
                the Strategy, including the adequacy of resources to 
                meet the objectives of the Strategy, and 
                recommendations to improve and implement the Strategy.
            (3) Classified material.--Any part of the Strategy that 
        involves information that is properly classified under criteria 
        established by Executive Order shall be submitted to Congress 
        separately in classified form.
    (b) Coordination With the Assistant to the President for Homeland 
Security.--The Secretary shall seek the assistance of the Assistant to 
the President for Homeland Security and the Homeland Security Council 
to--
            (1) coordinate the input of Federal departments and 
        agencies outside the Department of Homeland Security, which 
        have homeland security responsibilities; and
            (2) work with the Secretary on all aspects of the Strategy.
    (c) Contents.--
            (1) In general.--The Strategy shall include--
                    (A) a comprehensive statement of purpose, mission, 
                and scope;
                    (B) threat, vulnerability, and risk assessment and 
                analysis, including an analysis of the threats and 
                vulnerabilities regarding critical infrastructure, 
                assets, and operations and a description of the role of 
                the Homeland Security Institute in conducting such risk 
                assessments;
                    (C) a statement of desired end-states, including a 
                hierarchy of strategic goals and subordinate 
                objectives, as well as specific activities for 
                achieving results and specific priorities, milestones, 
                and performance measures to monitor progress toward 
                goals;
                    (D) an assessment of necessary resources and 
                investments to achieve strategic goals, including the 
                types of necessary resources involved and resource 
                allocation mechanisms;
                    (E) a delineation of organizational roles and 
                responsibilities across the many entities involved in 
                homeland security efforts, including--
                            (i) the proper roles and responsibilities 
                        of State, local, private, and international 
                        sectors, and a designation of coordinating 
                        mechanisms; and
                            (ii) other specific measures to enhance 
                        cooperative efforts between the Federal 
                        government and the sectors described in clause 
                        (i); and
                    (F) an explanation of the relationship between the 
                Strategy and other Federal strategies addressing 
                terrorist threats, including how these strategies will 
                be integrated, and details on subordinate strategies 
                within the Department of Homeland Security regarding 
                specific aspects of homeland security.
            (2) Additional contents.--In addition to the items listed 
        in paragraph (1), the Strategy shall include--
                    (A) policies and procedures to maximize the 
                collection, translation, analysis, exploitation, and 
                dissemination of information relating to combating 
                terrorism and the homeland security response throughout 
                the Federal government, and with State and local 
                authorities, and, as appropriate, the private sector;
                    (B) plans for countering chemical, biological, 
                radiological, nuclear and explosive, and cyber threats;
                    (C) plans for the coordination with, and 
                integration of, the capabilities and assets of the 
                United States military into all aspects of the 
                Strategy, as appropriate;
                    (D) plans for improving the resources of, 
                coordination among, and effectiveness of, health and 
                medical sectors for preventing, detecting, and 
                responding to terrorist attacks on the homeland;
                    (E) measures needed to enhance transportation 
                security with respect to potential terrorist attacks, 
                including aviation and non-aviation modes of 
                transportation;
                    (F) measures, based on the risk assessments under 
                paragraph (1)(B), to identify and prioritize the need 
                for protective and support measures for critical 
                infrastructure and plans to secure these key assets;
                    (G) an assessment of the Nation's ability to 
                prevent, respond to, and recover from threatened and 
                actual domestic terrorist attacks, and measures to 
                enhance such preparedness across all levels of 
                government and the private sector;
                    (H) measures to secure the Nation's borders from 
                terrorist threats, including agroterror, while 
                continuing to facilitate the flow of legitimate goods 
                and visitors;
                    (I) plans for identifying, prioritizing, and 
                meeting research and development objectives to support 
                homeland security needs; and
                    (J) plans for addressing other critical homeland 
                security needs.
    (d) Cooperation.--At the request of the Secretary or the Assistant 
to the President for Homeland Security, Federal agencies shall provide 
necessary information or planning documents relating to the Strategy.

SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION.

    (a) Establishment.--The Secretary shall establish a nonpartisan, 
independent commission to be known as the Homeland Security Commission.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 9 
        members, including a chair, who shall be appointed by the 
        Secretary, in consultation with the chairman and ranking member 
        of--
                    (A) the Committee on Governmental Affairs of the 
                Senate; and
                    (B) the Select Committee on Homeland Security of 
                the House of Representatives.
            (2) Qualifications.--Members of the Commission appointed 
        under paragraph (1)--
                    (A) shall be recognized experts in matters relating 
                to the homeland security of the United States; and
                    (B) shall not be officers or employees of the 
                Federal Government.
            (3) Period of appointment.--Each member of the Commission 
        shall be appointed to the Commission for an 18-month term, 
        which shall begin on December 1, 2005.
            (4) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
            (5) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings. A quorum is required to approve any report 
        issued by the Commission, but a minority of members may submit 
        an appendix to be included in such report.
    (c) Duties.--The Commission shall conduct an independent, 
alternative assessment of the optimal policies and programs to improve 
homeland security against terrorist threats, including, to the extent 
practicable, an estimate of the funding required each fiscal year to 
support such policies and programs.
    (d) Compensation.--Each member of the Commission shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day, including 
travel time, during which the member is engaged in the performance of 
the duties of the Commission.
    (e) Travel Expenses.--Each member of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (f) Staff.--
            (1) In general.--The Chair of the Commission may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director (subject to Commission 
        confirmation) and such other additional personnel as may be 
        necessary to enable the Commission to perform its duties.
            (2) Compensation.--The Chair of the Commission may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to the classification 
        of positions and General Schedule pay rates, except that the 
        rate of pay may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and all 
                employees of the Commission shall be employees under 
                section 2015 of title 5, United States Code, for 
                purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 
                of such title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not apply to members of the Commission.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
    (g) Administrative Provisions.--
            (1) Use of mail and printing.--The Commission may use the 
        United States mails and obtain printing and binding services in 
        the same manner and under the same conditions as other 
        departments and agencies of the Federal Government.
            (2) Support services.--The Secretary shall furnish the 
        Commission any administrative and support services requested by 
        the Commission.
            (3) Gifts.--The Commission may accept and dispose of gifts 
        or donations of services or property.
    (h) Payment of Commission Expenses.--The compensation, travel 
expenses, and per diem allowances of members and employees of the 
Commission shall be paid out of funds available to the Department for 
the payment of compensation, travel allowances and per diem allowances, 
respectively, of civilian employees of the Department. The other 
expenses of the Commission shall be paid out of funds available to the 
Department for the payment of similar expenses incurred by the 
Department.
    (i) Report.--Not later than December 1, 2006, the Commission shall 
submit, to the committees referred to under subsection (b)(1), a report 
that--
            (1) describes the activities, findings, and recommendations 
        of the Commission; and
            (2) provides recommendations for legislation that the 
        Commission considers appropriate.
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