[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1383 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1383

    To direct the President to transmit to the Congress each year a 
comprehensive report on the national homeland security strategy of the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

   Mr. Ford introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
    To direct the President to transmit to the Congress each year a 
comprehensive report on the national homeland security strategy of the 
                             United States.

    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 ``Homeland Security Strategy Act of 
2005''.

SEC. 2. ANNUAL HOMELAND SECURITY REPORT.

    (a) Transmittal to the Congress.--
            (1) Requirement.--The President shall transmit to the 
        Congress each year a comprehensive report (in this Act referred 
        to as a ``homeland security strategy report'') on the homeland 
        security strategy of the United States.
            (2) Date of annual transmittal.--The homeland security 
        strategy report for any year shall be transmitted on the date 
        on which the President submits to the Congress the budget for 
        the next fiscal year under section 1105 of title 31, United 
        States Code.
            (3) Transmittal by new president.--Not later than 150 days 
        after the date on which a new President takes office, the 
        President shall transmit to the Congress a homeland security 
        strategy report under this section. That report shall be in 
        addition to the report for that year transmitted at the time 
        specified in paragraph (2).
    (b) Contents.--Each homeland security strategy report shall set 
forth the homeland security strategy of the United States and shall 
include a comprehensive description and discussion of the following:
            (1) The worldwide interests, goals, and objectives of the 
        United States that are vital to the national homeland security 
        of the United States.
            (2) The foreign policy, worldwide commitments, and national 
        defense, economic, diplomatic, and information capabilities of 
        the United States necessary to deter aggression and to 
        implement the homeland security strategy of the United States.
            (3) The proposed short-term and long-term uses of the 
        political, economic, military, intelligence, diplomatic, 
        information, and other elements of the national power of the 
        United States to protect or promote the interests and achieve 
        the goals and objectives referred to in paragraph (1).
            (4) The adequacy of the capabilities of the United States 
        to carry out the homeland security strategy of the United 
        States, including an evaluation of the balance among the 
        capabilities of all elements of the national power of the 
        United States to support the implementation of the homeland 
        security strategy of the United States.
            (5) Such other information as may be necessary to help 
        inform the Congress on matters relating to the homeland 
        security strategy of the United States.
    (c) Classified and Unclassified Form.--Each homeland security 
strategy report shall be transmitted in both a classified and an 
unclassified form.

SEC. 3. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) Review Required.--The Secretary of Homeland Security shall 
every four years, during the second year following a year evenly 
divisible by four, conduct a comprehensive examination (in this Act 
referred to as the ``quadrennial homeland security review'') of the 
homeland security strategy of the United States, force structure, 
resources, threat assessment, infrastructure, budget plan, and other 
elements of the homeland security program and policies of the United 
States with a view toward determining and expressing the homeland 
security strategy of the United States and establishing a homeland 
security program for the next 20 years. Each such quadrennial homeland 
security review shall be conducted in consultation with the Director of 
National Intelligence.
    (b) Conduct of Review.--Each quadrennial homeland security review 
shall be conducted so as--
            (1) to delineate the homeland security strategy of the 
        United States for the next 4 years;
            (2) to define sufficient force structure, capabilities, 
        infrastructure, intelligence resources, budget plan, and other 
        elements of the homeland security program of the United States 
        that would be required to execute successfully the full range 
        of missions called for in the homeland security strategy of the 
        United States; and
            (3) to identify--
                    (A) the budget plan that would be required to 
                provide sufficient resources to execute successfully 
                the full range of missions called for in the homeland 
                security strategy of the United States at a low-to-
                moderate level of risk, and
                    (B) any additional resources required to achieve 
                such a level of risk.
    (c) Assessment of Risk.--The Secretary of Homeland Security shall 
carry out an assessment of risk for purposes of subsection (b) in 
consultation with the Director of National Intelligence and other key 
Federal, State, and local homeland security partners. The assessment 
shall define the nature and magnitude of the political, strategic, 
intelligence, and military risks associated with executing the missions 
called for under the homeland security strategy of the United States.
    (d) Submission of Report to the Congressional Committees.--The 
Secretary of Homeland Security shall submit a report on each 
quadrennial homeland security review to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives. The report shall be 
submitted in the year following the year in which the review is 
conducted, but not later than the date on which the President submits 
the budget for the next fiscal year to the Congress under section 1105 
(a) of title 31, United States Code. The report shall include such 
items as are determined by the Commission established by subsection 
(e).
    (e) National Commission on Quadrennial Homeland Security Reviews.--
            (1) Establishment.--There is established the National 
        Commission on Quadrennial Homeland Security Reviews (in this 
        Act referred to as the ``Commission'').
            (2) Membership.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 1 member shall be appointed by the President, 
                who shall serve as chairman of the Commission;
                    (B) 1 member shall be appointed by the minority 
                leader of the Senate, in consultation with the minority 
                leader of the House of Representatives, who shall serve 
                as vice chairman of the Commission;
                    (C) 2 members shall be appointed by the majority 
                leader of the Senate;
                    (D) 2 members shall be appointed by the minority 
                leader of the Senate;
                    (E) 2 members shall be appointed by the majority 
                leader of the House of Representatives; and
                    (F) 2 members shall be appointed by the minority 
                leader of the House of Representatives.
            (3) Qualifications; initial meeting.--
                    (A) Nongovernmental appointees.--An individual 
                appointed to the Commission may not be an officer or 
                employee of the Federal Government or any State or 
                local government.
                    (B) Other qualifications.--It is the sense of the 
                Congress that individuals appointed to the Commission 
                should be prominent United States citizens, with 
                national recognition and significant depth of 
                experience in such professions as governmental service, 
                law enforcement, the armed services, law, public 
                administration, intelligence gathering and analysis, 
                commerce (including transportation matters), and 
                foreign affairs.
                    (C) Deadline for appointment.--All members of the 
                Commission shall be appointed on or before December 31, 
                2005.
                    (D) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable.
            (4) Quorum; vacancies.--After its initial meeting, the 
        Commission shall meet upon the call of the chairman or a 
        majority of its members. Six members of the Commission shall 
        constitute a quorum. Any vacancy in the Commission shall not 
        affect its powers, and shall be filled in the same manner in 
        which the original appointment was made.
            (5) Functions of commission.--The functions of the 
        Commission are to--
                    (A) recommend a comprehensive list of items to be 
                included by the Secretary of Homeland Security in 
                quadrennial homeland security reviews under subsection 
                (d); and
                    (B) submit to the President and the Congress such 
                reports as are required by this section containing such 
                findings, conclusions, and recommendations as the 
                Commission shall determine, including proposing all 
                appropriate procedures, rules, and regulations 
                necessary to implement such recommendations.
            (6) Powers of commission.--
                    (A) Hearings and evidence.--The Commission or, on 
                the authority of the Commission, any subcommittee or 
                member thereof, may, for the purpose of carrying out 
                this section--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, and administer such 
                        oaths as the Commission or such designated 
                        subcommittee or designated member may determine 
                        advisable; and
                            (ii) subject to subparagraphs (A) and (B) 
                        of paragraph (7) require, by subpoena or 
                        otherwise, the attendance and testimony of such 
                        witnesses and the production of such books, 
                        records, correspondence, memoranda, papers, and 
                        documents as the Commission or such designated 
                        subcommittee or designated member may determine 
                        advisable.
                    (B) Contracting.--The Commission may, to such 
                extent and in such amounts as are provided in 
                appropriation Acts, enter into contracts to enable the 
                Commission to discharge its duties under this Act.
                    (C) Information from federal agencies.--
                            (i) In general.--The Commission may secure 
                        directly from any executive department, bureau, 
                        agency, board, commission, office, independent 
                        establishment, or instrumentality of the 
                        Government, information, suggestions, 
                        estimates, and statistics for the purposes of 
                        this section. Each department, bureau, agency, 
                        board, commission, office, independent 
                        establishment, or instrumentality shall, to the 
                        extent authorized by law, furnish such 
                        information, suggestions, estimates, and 
                        statistics directly to the Commission, upon 
                        request made by the chairman, the chairman of 
                        any subcommittee created by a majority of the 
                        Commission, or any member designated by a 
                        majority of the Commission.
                            (ii) Receipt, handling, storage, and 
                        dissemination.--Information shall only be 
                        received, handled, stored, and disseminated by 
                        members of the Commission and its staff 
                        consistent with all applicable statutes, 
                        regulations, and Executive orders.
                    (D) Assistance from federal agencies.--
                            (i) General services administration.--The 
                        Administrator of General Services shall provide 
                        to the Commission on a reimbursable basis 
                        administrative support and other services for 
                        the performance of the Commission's functions.
                            (ii) Other departments and agencies.--In 
                        addition to the assistance prescribed in clause 
                        (i), departments and agencies of the United 
                        States may provide to the Commission such 
                        services, funds, facilities, staff, and other 
                        support services as they may determine 
                        advisable and as may be authorized by law.
                    (E) Gifts.--The Commission may accept, use, and 
                dispose of gifts or donations of services or property.
                    (F) Postal services.--The Commission may use the 
                United States mails in the same manner and under the 
                same conditions as departments and agencies of the 
                United States.
            (7) Subpoenas.--
                    (A) Issuance.--A subpoena may be issued under this 
                subsection only--
                            (i) by the agreement of the chairman and 
                        the vice chairman of the Commission; or
                            (ii) by the affirmative vote of 6 members 
                        of the Commission.
                    (B) Signature.--Subject to subparagraph (A), 
                subpoenas issued under this subsection may be issued 
                only under the signature of the chairman or any member 
                designated by a majority of the Commission, and may be 
                served only by a person designated by the chairman or 
                by a member designated by a majority of the Commission.
                    (C) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this paragraph, the Commission 
                        may, by majority vote, certify a statement of 
                        fact constituting such failure to the 
                        appropriate United States attorney, who may 
                        bring the matter before the grand jury for its 
                        action, under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
            (8) Nonapplicability of federal advisory committee act.--
                    (A) In general.--The Federal Advisory Committee Act 
                (5 U.S.C. App.) shall not apply to the Commission.
                    (B) Public meetings and release of public versions 
                of reports.--The Commission shall--
                            (i) hold public hearings and meetings to 
                        the extent appropriate; and
                            (ii) release public versions of the reports 
                        required under this section.
                    (C) Public hearings.--Any public hearings of the 
                Commission shall be conducted in a manner consistent 
                with the protection of information provided to or 
                developed for or by the Commission as required by any 
                applicable statute, regulation, or Executive order.
            (9) Staff of commission.--
                    (A) In general.--
                            (i) Appointment and compensation.--The 
                        chairman, in consultation with the vice 
                        chairman, and in accordance with rules agreed 
                        upon by the Commission, may appoint and fix the 
                        compensation of a staff director and such other 
                        personnel as may be necessary to enable the 
                        Commission to carry out its functions, without 
                        regard to the provisions of title 5, United 
                        States Code, governing appointments in the 
                        competitive service, and without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of such title relating to 
                        classification and General Schedule pay rates, 
                        except that no rate of pay fixed under this 
                        clause may exceed the equivalent of that 
                        payable for a position at level V of the 
                        Executive Schedule under section 5316 of title 
                        5, United States Code.
                            (ii) Personnel as federal employees.--
                                    (I) In general.--The executive 
                                director and any personnel of the 
                                Commission who are employees shall be 
                                employees under section 2105 of title 
                                5, United States Code, for purposes of 
                                chapters 63, 81, 83, 84, 85, 87, 89, 
                                and 90 of that title.
                                    (II) Members of commission.--
                                Subparagraph (a) shall not be construed 
                                to apply to members of the Commission.
                    (B) Detailees.--Any Federal Government employee may 
                be detailed to the Commission without reimbursement 
                from the Commission, and such detailee shall retain the 
                rights, status, and privileges of his or her regular 
                employment without interruption.
                    (C) Consultant services.--The Commission may 
                procure the services of experts and consultants in 
                accordance with section 3109 of title 5, United States 
                Code, but at rates not to exceed the daily rate paid a 
                person occupying a position at level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
            (10) Compensation and travel expenses.--
                    (A) Compensation.--Each member of the Commission 
                may be compensated at not to exceed the daily 
                equivalent of the annual rate of basic pay in effect 
                for a position at level IV of the Executive Schedule 
                under section 5315 of title 5, United States Code, for 
                each day during which that member is engaged in the 
                actual performance of the duties of the Commission.
                    (B) Travel expenses.--While away from their homes 
                or regular places of business in the performance of 
                services for the Commission, members of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, in the same manner as persons 
                employed intermittently in the Government service are 
                allowed expenses under section 5703(b) of title 5, 
                United States Code.
            (11) Security clearances for commission members and 
        staff.--The appropriate Federal agencies or departments shall 
        cooperate with the Commission in expeditiously providing to the 
        Commission members and staff appropriate security clearances to 
        the extent possible pursuant to existing procedures and 
        requirements, except that no person shall be provided with 
        access to classified information under this section without the 
        appropriate security clearances.
            (12) Reports of commission; termination.--
                    (A) Interim reports.--The Commission may submit to 
                the President and the Congress interim reports 
                containing such findings, conclusions, and 
                recommendations for corrective measures as have been 
                agreed to by a majority of Commission members.
                    (B) Final report.--Not later than June 30, 2006, 
                the Commission shall submit to the President and the 
                Congress a final report containing such findings, 
                conclusions, and recommendations for items to be 
                included in the quadrennial security review as have 
                been agreed to by a majority of Commission members.
                    (C) Termination.--
                            (i) In general.--The Commission, and all 
                        the authorities of this subsection, shall 
                        terminate 30 days after the date on which the 
                        final report is submitted under subparagraph 
                        (B).
                            (ii) Administrative activities before 
                        termination.--The Commission may use the 30-day 
                        period referred to in clause (i) for the 
                        purpose of concluding its activities, including 
                        providing testimony to committees of the 
                        Congress concerning its reports and 
                        disseminating the final report.
            (13) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated to the 
        Commission $3,000,000.
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