Homeland Security Strategy Act of 2005 - Requires the President to annually transmit to Congress a comprehensive report on the homeland security strategy of the United States (the strategy), which shall include a description and discussion of: (1) worldwide interests, goals, and objectives of the United States that are vital to national homeland security; (2) foreign policy, worldwide commitments, and national defense, economic, diplomatic, and information capabilities of the United States necessary to deter aggression and implement the strategy; (3) proposed short-term and long-term uses of such capabilities and other elements of U.S. national power to protect or promote the interests of, and achieve the goals and objectives vital to, national homeland security; and (4) the adequacy of U.S. capabilities to carry out the strategy.
Directs the Secretary of Homeland Security, in consultation with the Director of National Intelligence, to comprehensively examine the strategy, force structure, resources, threat assessment, infrastructure, budget plan, and other elements of the U.S. homeland security program and policies every four years in order to determine and express the strategy for the next 20 years.
Establishes the National Commission on Quadrennial Homeland Security Reviews to: (1) make recommendations relative to the Secretary's examination; and (2) submit required reports to the President and Congress.
Requires the Commission to submit its final report no later than June 30, 2006.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
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