I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Strategy Act of 2005’’. 

6 SEC. 2. ANNUAL HOMELAND SECURITY REPORT. 

7 (a) TRANSMITTAL TO THE CONGRESS.—

8 (1) REQUIREMENT.—The President shall trans9 mit to the Congress each year a comprehensive re10 port (in this Act referred to as a ‘‘homeland security 
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1 strategy report’’) on the homeland security strategy 

2 of the United States. 

3 (2) DATE OF ANNUAL TRANSMITTAL.—The 

4 homeland security strategy report for any year shall 

5 be transmitted on the date on which the President 

6 submits to the Congress the budget for the next fis7 cal year under section 1105 of title 31, United 

8 States Code. 

9 (3) TRANSMITTAL BY NEW PRESIDENT.—Not 

10 later than 150 days after the date on which a new 

11 President takes office, the President shall transmit 

12 to the Congress a homeland security strategy report 

13 under this section. That report shall be in addition 

14 to the report for that year transmitted at the time 

15 specified in paragraph (2). 

16 (b) CONTENTS.—Each homeland security strategy re17 port shall set forth the homeland security strategy of the 

18 United States and shall include a comprehensive descrip19 tion and discussion of the following: 

20 (1) The worldwide interests, goals, and objec21 tives of the United States that are vital to the na22 tional homeland security of the United States. 

23 (2) The foreign policy, worldwide commitments, 

24 and national defense, economic, diplomatic, and in25 formation capabilities of the United States necessary 
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1 to deter aggression and to implement the homeland 

2 security strategy of the United States. 

3 (3) The proposed short-term and long-term 

4 uses of the political, economic, military, intelligence, 

5 diplomatic, information, and other elements of the 

6 national power of the United States to protect or 

7 promote the interests and achieve the goals and ob8 jectives referred to in paragraph (1). 

9 (4) The adequacy of the capabilities of the 

10 United States to carry out the homeland security 

11 strategy of the United States, including an evalua12 tion of the balance among the capabilities of all ele13 ments of the national power of the United States to 

14 support the implementation of the homeland security 

15 strategy of the United States. 

16 (5) Such other information as may be necessary 

17 to help inform the Congress on matters relating to 

18 the homeland security strategy of the United States. 

19 (c) CLASSIFIED AND UNCLASSIFIED FORM.—Each 

20 homeland security strategy report shall be transmitted in 

21 both a classified and an unclassified form. 

22 SEC. 3. QUADRENNIAL HOMELAND SECURITY REVIEW. 

23 (a) REVIEW REQUIRED.—The Secretary of Home24 land Security shall every four years, during the second 

25 year following a year evenly divisible by four, conduct a 
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1 comprehensive examination (in this Act referred to as the 

2 ‘‘quadrennial homeland security review’’) of the homeland 

3 security strategy of the United States, force structure, re4 sources, threat assessment, infrastructure, budget plan, 

5 and other elements of the homeland security program and 

6 policies of the United States with a view toward deter7 mining and expressing the homeland security strategy of 

8 the United States and establishing a homeland security 

9 program for the next 20 years. Each such quadrennial 

10 homeland security review shall be conducted in consulta11 tion with the Director of National Intelligence. 

12 (b) CONDUCT OF REVIEW.—Each quadrennial home13 land security review shall be conducted so as—

14 (1) to delineate the homeland security strategy 

15 of the United States for the next 4 years; 

16 (2) to define sufficient force structure, capabili17 ties, infrastructure, intelligence resources, budget 

18 plan, and other elements of the homeland security 

19 program of the United States that would be required 

20 to execute successfully the full range of missions 

21 called for in the homeland security strategy of the 

22 United States; and 

23 (3) to identify—

24 (A) the budget plan that would be required 

25 to provide sufficient resources to execute suc-
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1 cessfully the full range of missions called for in 

2 the homeland security strategy of the United 

3 States at a low-to-moderate level of risk, and 

4 (B) any additional resources required to 

5 achieve such a level of risk. 

6 (c) ASSESSMENT OF RISK.—The Secretary of Home7 land Security shall carry out an assessment of risk for 

8 purposes of subsection (b) in consultation with the Direc9 tor of National Intelligence and other key Federal, State, 

10 and local homeland security partners. The assessment 

11 shall define the nature and magnitude of the political, 

12 strategic, intelligence, and military risks associated with 

13 executing the missions called for under the homeland secu14 rity strategy of the United States. 

15 (d) SUBMISSION OF REPORT TO THE CONGRES16 SIONAL COMMITTEES.—The Secretary of Homeland Secu17 rity shall submit a report on each quadrennial homeland 

18 security review to the Committee on Homeland Security 

19 and Governmental Affairs of the Senate and the Com20 mittee on Homeland Security of the House of Representa21 tives. The report shall be submitted in the year following 

22 the year in which the review is conducted, but not later 

23 than the date on which the President submits the budget 

24 for the next fiscal year to the Congress under section 1105 

25 (a) of title 31, United States Code. The report shall in-
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1 clude such items as are determined by the Commission 

2 established by subsection (e). 

3 (e) NATIONAL COMMISSION ON QUADRENNIAL

4 HOMELAND SECURITY REVIEWS.—

5 (1) ESTABLISHMENT.—There is established the 

6 National Commission on Quadrennial Homeland Se7 curity Reviews (in this Act referred to as the ‘‘Com8 mission’’). 

9 (2) MEMBERSHIP.—The Commission shall be 

10 composed of 10 members, of whom—

11 (A) 1 member shall be appointed by the 

12 President, who shall serve as chairman of the 

13 Commission; 

14 (B) 1 member shall be appointed by the 

15 minority leader of the Senate, in consultation 

16 with the minority leader of the House of Rep17 resentatives, who shall serve as vice chairman of 

18 the Commission; 

19 (C) 2 members shall be appointed by the 

20 majority leader of the Senate; 

21 (D) 2 members shall be appointed by the 

22 minority leader of the Senate; 

23 (E) 2 members shall be appointed by the 

24 majority leader of the House of Representa25 tives; and 
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1 (F) 2 members shall be appointed by the 

2 minority leader of the House of Representa3 tives. 

4 (3) QUALIFICATIONS; INITIAL MEETING.—

5 (A) NONGOVERNMENTAL APPOINTEES.—

6 An individual appointed to the Commission may 

7 not be an officer or employee of the Federal 

8 Government or any State or local government. 

9 (B) OTHER QUALIFICATIONS.—It is the 

10 sense of the Congress that individuals ap11 pointed to the Commission should be prominent 

12 United States citizens, with national recognition 

13 and significant depth of experience in such pro14 fessions as governmental service, law enforce15 ment, the armed services, law, public adminis16 tration, intelligence gathering and analysis, 

17 commerce (including transportation matters), 

18 and foreign affairs. 

19 (C) DEADLINE FOR APPOINTMENT.—All 

20 members of the Commission shall be appointed 

21 on or before December 31, 2005. 

22 (D) INITIAL MEETING.—The Commission 

23 shall meet and begin the operations of the Com24 mission as soon as practicable. 
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1 (4) QUORUM; VACANCIES.—After its initial 

2 meeting, the Commission shall meet upon the call of 

3 the chairman or a majority of its members. Six 

4 members of the Commission shall constitute a 

5 quorum. Any vacancy in the Commission shall not 

6 affect its powers, and shall be filled in the same 

7 manner in which the original appointment was 

8 made. 

9 (5) FUNCTIONS OF COMMISSION.—The func10 tions of the Commission are to—

11 (A) recommend a comprehensive list of 

12 items to be included by the Secretary of Home13 land Security in quadrennial homeland security 

14 reviews under subsection (d); and 

15 (B) submit to the President and the Con16 gress such reports as are required by this sec17 tion containing such findings, conclusions, and 

18 recommendations as the Commission shall de19 termine, including proposing all appropriate 

20 procedures, rules, and regulations necessary to 

21 implement such recommendations. 

22 (6) POWERS OF COMMISSION.—

23 (A) HEARINGS AND EVIDENCE.—The 

24 Commission or, on the authority of the Com25 mission, any subcommittee or member thereof, 
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1 may, for the purpose of carrying out this sec2 tion—

3 (i) hold such hearings and sit and act 

4 at such times and places, take such testi5 mony, receive such evidence, and admin6 ister such oaths as the Commission or such 

7 designated subcommittee or designated 

8 member may determine advisable; and 

9 (ii) subject to subparagraphs (A) and 

10 (B) of paragraph (7) require, by subpoena 

11 or otherwise, the attendance and testimony 

12 of such witnesses and the production of 

13 such books, records, correspondence, 

14 memoranda, papers, and documents as the 

15 Commission or such designated sub16 committee or designated member may de17 termine advisable. 

18 (B) CONTRACTING.—The Commission 

19 may, to such extent and in such amounts as are 

20 provided in appropriation Acts, enter into con21 tracts to enable the Commission to discharge its 

22 duties under this Act. 

23 (C) INFORMATION FROM FEDERAL AGEN24 CIES.—
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1 (i) IN GENERAL.—The Commission 

2 may secure directly from any executive de3 partment, bureau, agency, board, commis4 sion, office, independent establishment, or 

5 instrumentality of the Government, infor6 mation, suggestions, estimates, and statis7 tics for the purposes of this section. Each 

8 department, bureau, agency, board, com9 mission, office, independent establishment, 

10 or instrumentality shall, to the extent au11 thorized by law, furnish such information, 

12 suggestions, estimates, and statistics di13 rectly to the Commission, upon request 

14 made by the chairman, the chairman of 

15 any subcommittee created by a majority of 

16 the Commission, or any member des17 ignated by a majority of the Commission. 

18 (ii) RECEIPT, HANDLING, STORAGE, 

19 AND DISSEMINATION.—Information shall 

20 only be received, handled, stored, and dis21 seminated by members of the Commission 

22 and its staff consistent with all applicable 

23 statutes, regulations, and Executive orders. 

24 (D) ASSISTANCE FROM FEDERAL AGEN25 CIES.—
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1 (i) GENERAL SERVICES ADMINISTRA2 TION.—The Administrator of General 

3 Services shall provide to the Commission 

4 on a reimbursable basis administrative 

5 support and other services for the perform6 ance of the Commission’s functions. 

7 (ii) OTHER DEPARTMENTS AND AGEN8 CIES.—In addition to the assistance pre9 scribed in clause (i), departments and 

10 agencies of the United States may provide 

11 to the Commission such services, funds, fa12 cilities, staff, and other support services as 

13 they may determine advisable and as may 

14 be authorized by law. 

15 (E) GIFTS.—The Commission may accept, 

16 use, and dispose of gifts or donations of serv17 ices or property. 

18 (F) POSTAL SERVICES.—The Commission 

19 may use the United States mails in the same 

20 manner and under the same conditions as de21 partments and agencies of the United States. 

22 (7) SUBPOENAS.—

23 (A) ISSUANCE.—A subpoena may be issued 

24 under this subsection only—
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1 (i) by the agreement of the chairman 

2 and the vice chairman of the Commission; 

3 or 

4 (ii) by the affirmative vote of 6 mem5 bers of the Commission. 

6 (B) SIGNATURE.—Subject to subparagraph 

7 (A), subpoenas issued under this subsection 

8 may be issued only under the signature of the 

9 chairman or any member designated by a ma10 jority of the Commission, and may be served 

11 only by a person designated by the chairman or 

12 by a member designated by a majority of the 

13 Commission. 

14 (C) ENFORCEMENT.—

15 (i) IN GENERAL.—In the case of con16 tumacy or failure to obey a subpoena 

17 issued under subparagraph (A), the United 

18 States district court for the judicial district 

19 in which the subpoenaed person resides, is 

20 served, or may be found, or where the sub21 poena is returnable, may issue an order re22 quiring such person to appear at any des23 ignated place to testify or to produce docu24 mentary or other evidence. Any failure to 

25 obey the order of the court may be pun-
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1 ished by the court as a contempt of that 

2 court. 

3 (ii) ADDITIONAL ENFORCEMENT.—In 

4 the case of any failure of any witness to 

5 comply with any subpoena or to testify 

6 when summoned under authority of this 

7 paragraph, the Commission may, by major8 ity vote, certify a statement of fact consti9 tuting such failure to the appropriate 

10 United States attorney, who may bring the 

11 matter before the grand jury for its action, 

12 under the same statutory authority and 

13 procedures as if the United States attorney 

14 had received a certification under sections 

15 102 through 104 of the Revised Statutes 

16 of the United States (2 U.S.C. 192 

17 through 194). 

18 (8) NONAPPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—

20 (A) IN GENERAL.—The Federal Advisory 

21 Committee Act (5 U.S.C. App.) shall not apply 

22 to the Commission. 

23 (B) PUBLIC MEETINGS AND RELEASE OF

24 PUBLIC VERSIONS OF REPORTS.—The Commis25 sion shall—
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1 (i) hold public hearings and meetings 

2 to the extent appropriate; and 

3 (ii) release public versions of the re4 ports required under this section. 

5 (C) PUBLIC HEARINGS.—Any public hear6 ings of the Commission shall be conducted in a 

7 manner consistent with the protection of infor8 mation provided to or developed for or by the 

9 Commission as required by any applicable stat10 ute, regulation, or Executive order. 

11 (9) STAFF OF COMMISSION.—

12 (A) IN GENERAL.—

13 (i) APPOINTMENT AND COMPENSA14 TION.—The chairman, in consultation with 

15 the vice chairman, and in accordance with 

16 rules agreed upon by the Commission, may 

17 appoint and fix the compensation of a staff 

18 director and such other personnel as may 

19 be necessary to enable the Commission to 

20 carry out its functions, without regard to 

21 the provisions of title 5, United States 

22 Code, governing appointments in the com23 petitive service, and without regard to the 

24 provisions of chapter 51 and subchapter 

25 III of chapter 53 of such title relating to 
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1 classification and General Schedule pay 

2 rates, except that no rate of pay fixed 

3 under this clause may exceed the equiva4 lent of that payable for a position at level 

5 V of the Executive Schedule under section 

6 5316 of title 5, United States Code. 

7 (ii) PERSONNEL AS FEDERAL EM8 PLOYEES.—

9 (I) IN GENERAL.—The executive 

10 director and any personnel of the 

11 Commission who are employees shall 

12 be employees under section 2105 of 

13 title 5, United States Code, for pur14 poses of chapters 63, 81, 83, 84, 85, 

15 87, 89, and 90 of that title. 

16 (II) MEMBERS OF COMMIS17 SION.—Subparagraph (a) shall not be 

18 construed to apply to members of the 

19 Commission. 

20 (B) DETAILEES.—Any Federal Govern21 ment employee may be detailed to the Commis22 sion without reimbursement from the Commis23 sion, and such detailee shall retain the rights, 

24 status, and privileges of his or her regular em25 ployment without interruption. 
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1 (C) CONSULTANT SERVICES.—The Com2 mission may procure the services of experts and 

3 consultants in accordance with section 3109 of 

4 title 5, United States Code, but at rates not to 

5 exceed the daily rate paid a person occupying a 

6 position at level IV of the Executive Schedule 

7 under section 5315 of title 5, United States 

8 Code. 

9 (10) COMPENSATION AND TRAVEL EX10 PENSES.—

11 (A) COMPENSATION.—Each member of the 

12 Commission may be compensated at not to ex13 ceed the daily equivalent of the annual rate of 

14 basic pay in effect for a position at level IV of 

15 the Executive Schedule under section 5315 of 

16 title 5, United States Code, for each day during 

17 which that member is engaged in the actual 

18 performance of the duties of the Commission. 

19 (B) TRAVEL EXPENSES.—While away from 

20 their homes or regular places of business in the 

21 performance of services for the Commission, 

22 members of the Commission shall be allowed 

23 travel expenses, including per diem in lieu of 

24 subsistence, in the same manner as persons em25 ployed intermittently in the Government service 
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1 are allowed expenses under section 5703(b) of 

2 title 5, United States Code. 

3 (11) SECURITY CLEARANCES FOR COMMISSION

4 MEMBERS AND STAFF.—The appropriate Federal 

5 agencies or departments shall cooperate with the 

6 Commission in expeditiously providing to the Com7 mission members and staff appropriate security 

8 clearances to the extent possible pursuant to existing 

9 procedures and requirements, except that no person 

10 shall be provided with access to classified informa11 tion under this section without the appropriate secu12 rity clearances. 

13 (12) REPORTS OF COMMISSION; TERMI14 NATION.—

15 (A) INTERIM REPORTS.—The Commission 

16 may submit to the President and the Congress 

17 interim reports containing such findings, con18 clusions, and recommendations for corrective 

19 measures as have been agreed to by a majority 

20 of Commission members. 

21 (B) FINAL REPORT.—Not later than June 

22 30, 2006, the Commission shall submit to the 

23 President and the Congress a final report con24 taining such findings, conclusions, and rec25 ommendations for items to be included in the 
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1 quadrennial security review as have been agreed 

2 to by a majority of Commission members. 

3 (C) TERMINATION.—

4 (i) IN GENERAL.—The Commission, 

5 and all the authorities of this subsection, 

6 shall terminate 30 days after the date on 

7 which the final report is submitted under 

8 subparagraph (B). 

9 (ii) ADMINISTRATIVE ACTIVITIES BE10 FORE TERMINATION.—The Commission 

11 may use the 30-day period referred to in 

12 clause (i) for the purpose of concluding its 

13 activities, including providing testimony to 

14 committees of the Congress concerning its 

15 reports and disseminating the final report. 

16 (13) AUTHORIZATION OF APPROPRIATIONS.—

17 To carry out this subsection there is authorized to 

18 be appropriated to the Commission $3,000,000.

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