[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[Senate]
[Pages S8558-S8560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN:
  S. 2708. A bill to develop the National Strategy for Homeland 
Security, and for other purposes; to the Committee on Governmental 
Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation 
to forge a comprehensive and effective strategy for our homeland 
security.
  Before 9/11, we did not truly perceive the threat of terrorism on our 
own soil, and what homeland security efforts we did have underway were 
badly divided. Dozens of agencies responsible for pieces of our 
homeland security were scattered across the Federal Government, and 
were largely unconnected to state and local officials and first 
responders on the front lines in our Nation's cities and towns. There 
were confusing overlaps and, more critically, treacherous gaps. And 
because everyone was responsible for parts of the effort, no one was 
ultimately in charge.
  We took one large step to remedy these weaknesses by creating the 
Department of Homeland Security. The Department brings more than two 
dozen of the Federal Government's critical homeland security agencies 
and programs under one roof, allowing for unprecedented coordination 
and cooperation. It also created a Cabinet Secretary charged with 
managing the budgets and personnel of these agencies, and capable of 
providing a focal point for homeland programs and issues in the Cabinet 
and beyond.
  But we knew that in addition to creating a better organization, we 
would need to lay out a clear roadmap to galvanize our homeland 
defenses--at all levels of government and the private sector. That is 
what many of us called for and, regretfully, it is something this 
Nation still sorely lacks.
  The Administration did produce a ``National Strategy for Homeland 
Security'' in July 2002 that correctly identified many of the 
challenges we face in preparing to meet the threat of terrorism. But 
that document predates the creation of the Department of Homeland 
Security and is already out of date. More significantly, it failed to 
set priorities, clear deadlines and accountability for the vast array 
of homeland security tasks we face.
  As the highly regarded Gilmore Commission on terrorism noted in its 
final report last December: ``Much is still required in order to 
achieve an effective, comprehensive, unified national strategy and to 
translate vision into action. Notably absent is a clear prioritization 
for the use of scarce resources against a diffuse, unclear threat as 
part of the spectrum of threats--some significantly more common than 
terrorism. The panel has serious concern about the current state of 
homeland security efforts along the full spectrum from awareness to 
recovery, worried that efforts by the government may provide the 
perception of enhanced security that causes the Nation to become 
complacent about the many critical actions still required.''
  While it is true that the Department of Homeland Security is 
proceeding with some more targeted strategies regarding specific areas 
of concern, these cannot replace a comprehensive strategy that sets the 
ultimate policies and priorities for our homeland effort.
  That is why I am introducing legislation requiring a new homeland 
security strategy that can provide the strong, precise national 
guidance we need on this critical issue.
  In a February 3, 2004 report, the General Accounting Office surveyed 
seven existing Federal strategies related to terrorism--including the 
National Strategy for Homeland Security--and laid out guiding 
principles to improve these strategies. My legislation incorporates 
these principles, which stress accountability and prioritization as 
requirements for a new homeland security strategy. The new strategy 
must include a hierarchy of strategic goals and indicate the specific 
activities needed to achieve those goals, as well as the likely costs, 
and how such funds should be generated. In other words, the strategy 
must make real choices about priorities and resources. The current 
strategy identifies many goals, but rarely provides deadlines for 
action, standards or performance measures to assess progress, or 
details on the resources required for stated initiatives.
  The strategy must clearly spell out organizational roles and 
responsibilities, including the proper roles of State, local, private 
and international actors and the coordinating mechanisms to bring these 
actors together. Almost three years after 9/11, we still too often must 
ask ``who is in charge?'' of key pieces of our homeland security 
agenda. And, critically, the homeland security strategy must address 
how it relates to other Federal strategies regarding terrorist threats, 
and how the strategies will be integrated.
  The legislation also highlights certain substantive areas that should 
be addressed, such as a thoroughgoing strategy to maximize information 
sharing related to homeland security throughout the Federal Government 
and with state and local officials and, where appropriate, the private 
sector. The strategy must look at preparing the public health sector to 
detect and respond to terrorist attacks, at integrating military 
capabilities into our homeland security planning, at building all-
hazards preparedness throughout all levels of government and the 
private sector, and securing our critical infrastructure, much of which 
is in private hands.
  The bill would require that the strategy be written every four years, 
with updates every two years and annual progress reports to be 
submitted in conjunction with the President's annual budget request. 
Recognizing that many Federal agencies outside the Department of 
Homeland Security play a critical part in homeland security, it calls 
on the Assistant to the President for Homeland Security to help the 
Secretary construct the strategy.
  Importantly, it would create an independent panel of experts to 
review the strategy and offer alternative proposals as appropriate--a 
so-called ``Team B'' to provide decision makers with alternative 
perspectives and solutions for consideration. This nonpartisan panel, 
to be called the Homeland Security Commission, would consist of nine 
members appointed by the Secretary in consultation with Congress. The 
members would be recognized experts in the field of homeland security 
and cannot be current officers or employees of the Federal Government. 
This Commission is modeled on the successful National Defense Panel, 
which helped guide strategic planning for our military forces. This 
Commission can help ensure that we marshal all the best ideas to defend 
our homeland and do not fall into complacent, or narrow ways of 
thinking about the threats we face. We know that terrorists are always 
adapting their strategies and techniques. We must do no less.

[[Page S8559]]

  We meet today amid ongoing, and indeed heightened, threats of 
terrorist attacks on our homeland. We need not be intimidated, but we 
must be prepared. A new and more forceful national strategy will help 
energize and organize our resources--at all levels of government and 
within the private sector--to meet this threat. I urge my colleagues to 
support this legislation to give us such a strategy.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2708

       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.

[[Page S8560]]

       (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.
                                 ______