text: 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.
target: 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.
feat_title: A bill to develop the National Strategy for Homeland Security, and for other purposes.