article: 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.
summary: National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter; and (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis; (2) a statement of desired end-states; (3) an assessment of necessary resources and investments; (4) a delineation of organizational roles and responsibilities across the many entities involved; and (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required.