II 

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.

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 ‘‘National Strategy for 

5 Homeland Security Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions shall apply: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Homeland Security Strategy Commission 

10 established under section 4. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (3) STRATEGY.—The term ‘‘Strategy’’ means 

4 the National Strategy for Homeland Security devel5 oped under this Act. 

6 SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY. 

7 (a) DEVELOPMENT AND SUBMISSION OF STRAT8 EGY.— 

9 (1) DEVELOPMENT.—The Secretary, under the 

10 direction of the President, and in collaboration with 

11 the Assistant to the President for Homeland Secu12 rity and the Homeland Security Council, shall de13 velop the National Strategy for Homeland Security 

14 for the detection, prevention, protection, response, 

15 and recovery with regard to terrorist threats to the 

16 United States. 

17 (2) SUBMISSION TO CONGRESS.— 

18 (A) INITIAL SUBMISSION.—Not later than 

19 December 1, 2005, and not later than Decem20 ber 1st of each year in which a President is in21 augurated, the Secretary shall submit the Strat22 egy to Congress. 

23 (B) BIENNIAL UPDATE.—Not later than 2 

24 years after each submission of the Strategy 

25 under subparagraph (A), the Secretary shall 
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1 submit to Congress an updated version of the 

2 Strategy. 

3 (C) PROGRESS REPORTS.—Each year, in 

4 conjunction with the President’s budget re5 quest, the Secretary shall provide an assess6 ment of progress on implementing the Strategy, 

7 including the adequacy of resources to meet the 

8 objectives of the Strategy, and recommenda9 tions to improve and implement the Strategy. 

10 (3) CLASSIFIED MATERIAL.—Any part of the 

11 Strategy that involves information that is properly 

12 classified under criteria established by Executive 

13 Order shall be submitted to Congress separately in 

14 classified form. 

15 (b) COORDINATION WITH THE ASSISTANT TO THE

16 PRESIDENT FOR HOMELAND SECURITY.—The Secretary 

17 shall seek the assistance of the Assistant to the President 

18 for Homeland Security and the Homeland Security Coun19 cil to— 

20 (1) coordinate the input of Federal departments 

21 and agencies outside the Department of Homeland 

22 Security, which have homeland security responsibil23 ities; and 

24 (2) work with the Secretary on all aspects of 

25 the Strategy. 
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1 (c) CONTENTS.— 

2 (1) IN GENERAL.—The Strategy shall include— 

3 (A) a comprehensive statement of purpose, 

4 mission, and scope; 

5 (B) threat, vulnerability, and risk assess6 ment and analysis, including an analysis of the 

7 threats and vulnerabilities regarding critical in8 frastructure, assets, and operations and a de9 scription of the role of the Homeland Security 

10 Institute in conducting such risk assessments; 

11 (C) a statement of desired end-states, in12 cluding a hierarchy of strategic goals and sub13 ordinate objectives, as well as specific activities 

14 for achieving results and specific priorities, 

15 milestones, and performance measures to mon16 itor progress toward goals; 

17 (D) an assessment of necessary resources 

18 and investments to achieve strategic goals, in19 cluding the types of necessary resources in20 volved and resource allocation mechanisms; 

21 (E) a delineation of organizational roles 

22 and responsibilities across the many entities in23 volved in homeland security efforts, including— 

24 (i) the proper roles and responsibil25 ities of State, local, private, and inter-
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1 national sectors, and a designation of co2 ordinating mechanisms; and 

3 (ii) other specific measures to enhance 

4 cooperative efforts between the Federal 

5 government and the sectors described in 

6 clause (i); and 

7 (F) an explanation of the relationship be8 tween the Strategy and other Federal strategies 

9 addressing terrorist threats, including how 

10 these strategies will be integrated, and details 

11 on subordinate strategies within the Depart12 ment of Homeland Security regarding specific 

13 aspects of homeland security. 

14 (2) ADDITIONAL CONTENTS.—In addition to 

15 the items listed in paragraph (1), the Strategy shall 

16 include— 

17 (A) policies and procedures to maximize 

18 the collection, translation, analysis, exploitation, 

19 and dissemination of information relating to 

20 combating terrorism and the homeland security 

21 response throughout the Federal government, 

22 and with State and local authorities, and, as 

23 appropriate, the private sector; 
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1 (B) plans for countering chemical, biologi2 cal, radiological, nuclear and explosive, and 

3 cyber threats; 

4 (C) plans for the coordination with, and in5 tegration of, the capabilities and assets of the 

6 United States military into all aspects of the 

7 Strategy, as appropriate; 

8 (D) plans for improving the resources of, 

9 coordination among, and effectiveness of, health 

10 and medical sectors for preventing, detecting, 

11 and responding to terrorist attacks on the 

12 homeland; 

13 (E) measures needed to enhance transpor14 tation security with respect to potential ter15 rorist attacks, including aviation and non-avia16 tion modes of transportation; 

17 (F) measures, based on the risk assess18 ments under paragraph (1)(B), to identify and 

19 prioritize the need for protective and support 

20 measures for critical infrastructure and plans to 

21 secure these key assets;

22 (G) an assessment of the Nation’s ability 

23 to prevent, respond to, and recover from threat24 ened and actual domestic terrorist attacks, and 
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1 measures to enhance such preparedness across 

2 all levels of government and the private sector; 

3 (H) measures to secure the Nation’s bor4 ders from terrorist threats, including 

5 agroterror, while continuing to facilitate the 

6 flow of legitimate goods and visitors; 

7 (I) plans for identifying, prioritizing, and 

8 meeting research and development objectives to 

9 support homeland security needs; and 

10 (J) plans for addressing other critical 

11 homeland security needs. 

12 (d) COOPERATION.—At the request of the Secretary 

13 or the Assistant to the President for Homeland Security, 

14 Federal agencies shall provide necessary information or 

15 planning documents relating to the Strategy. 

16 SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION. 

17 (a) ESTABLISHMENT.—The Secretary shall establish 

18 a nonpartisan, independent commission to be known as 

19 the Homeland Security Commission. 

20 (b) MEMBERSHIP.— 

21 (1) COMPOSITION.—The Commission shall be 

22 composed of 9 members, including a chair, who shall 

23 be appointed by the Secretary, in consultation with 

24 the chairman and ranking member of— 
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1 (A) the Committee on Governmental Af2 fairs of the Senate; and 

3 (B) the Select Committee on Homeland 

4 Security of the House of Representatives. 

5 (2) QUALIFICATIONS.—Members of the Com6 mission appointed under paragraph (1)— 

7 (A) shall be recognized experts in matters 

8 relating to the homeland security of the United 

9 States; and 

10 (B) shall not be officers or employees of 

11 the Federal Government. 

12 (3) PERIOD OF APPOINTMENT.—Each member 

13 of the Commission shall be appointed to the Com14 mission for an 18-month term, which shall begin on 

15 December 1, 2005. 

16 (4) VACANCIES.—Any vacancy in the Commis17 sion shall not affect its powers, but shall be filled in 

18 the same manner as the original appointment. 

19 (5) QUORUM.—A majority of the members of 

20 the Commission shall constitute a quorum, but a 

21 lesser number of members may hold hearings. A 

22 quorum is required to approve any report issued by 

23 the Commission, but a minority of members may 

24 submit an appendix to be included in such report. 
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1 (c) DUTIES.—The Commission shall conduct an inde2 pendent, alternative assessment of the optimal policies and 

3 programs to improve homeland security against terrorist 

4 threats, including, to the extent practicable, an estimate 

5 of the funding required each fiscal year to support such 

6 policies and programs. 

7 (d) COMPENSATION.—Each member of the Commis8 sion shall be compensated at a rate equal to the daily 

9 equivalent of the annual rate of basic pay prescribed for 

10 level IV of the Executive Schedule under section 5315 of 

11 title 5, United States Code, for each day, including travel 

12 time, during which the member is engaged in the perform13 ance of the duties of the Commission. 

14 (e) TRAVEL EXPENSES.—Each member of the Com15 mission shall be allowed travel expenses, including per 

16 diem in lieu of subsistence, at rates authorized for employ17 ees of agencies under subchapter I of chapter 57 of title 

18 5, United States Code, while away from their homes or 

19 regular places of business in the performance of services 

20 for the Commission. 

21 (f) STAFF.— 

22 (1) IN GENERAL.—The Chair of the Commis23 sion may, without regard to the civil service laws 

24 and regulations, appoint and terminate an executive 

25 director (subject to Commission confirmation) and 
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1 such other additional personnel as may be necessary 

2 to enable the Commission to perform its duties. 

3 (2) COMPENSATION.—The Chair of the Com4 mission may fix the compensation of the executive 

5 director and other personnel without regard to chap6 ter 51 and subchapter III of chapter 53 of title 5, 

7 United States Code, relating to the classification of 

8 positions and General Schedule pay rates, except 

9 that the rate of pay may not exceed the rate payable 

10 for level V of the Executive Schedule under section 

11 5316 of such title. 

12 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

13 (A) IN GENERAL.—The executive director 

14 and all employees of the Commission shall be 

15 employees under section 2015 of title 5, United 

16 States Code, for purposes of chapters 63, 81, 

17 83, 84, 85, 87, 89, and 90 of such title. 

18 (B) MEMBERS OF COMMISSION.—Subpara19 graph (A) shall not apply to members of the 

20 Commission. 

21 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

22 Any Federal Government employee may be detailed 

23 to the Commission without reimbursement, and such 

24 detail shall be without interruption or loss of civil 

25 service status or privilege. 
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1 (g) ADMINISTRATIVE PROVISIONS.— 

2 (1) USE OF MAIL AND PRINTING.—The Com3 mission may use the United States mails and obtain 

4 printing and binding services in the same manner 

5 and under the same conditions as other departments 

6 and agencies of the Federal Government. 

7 (2) SUPPORT SERVICES.—The Secretary shall 

8 furnish the Commission any administrative and sup9 port services requested by the Commission. 

10 (3) GIFTS.—The Commission may accept and 

11 dispose of gifts or donations of services or property. 

12 (h) PAYMENT OF COMMISSION EXPENSES.—The 

13 compensation, travel expenses, and per diem allowances 

14 of members and employees of the Commission shall be 

15 paid out of funds available to the Department for the pay16 ment of compensation, travel allowances and per diem al17 lowances, respectively, of civilian employees of the Depart18 ment. The other expenses of the Commission shall be paid 

19 out of funds available to the Department for the payment 

20 of similar expenses incurred by the Department. 

21 (i) REPORT.—Not later than December 1, 2006, the 

22 Commission shall submit, to the committees referred to 

23 under subsection (b)(1), a report that— 

24 (1) describes the activities, findings, and rec25 ommendations of the Commission; and 
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1 (2) provides recommendations for legislation 

2 that the Commission considers appropriate.

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