Pub. L. 109-163, div. A, tit. X, subtit. F, sec. 1051
COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES.
SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES.(a) Establishment of Commission.—(1) Establishment.—There is hereby established a commission to be known as the “Commission on the Implementation of the New Strategic Posture of the United States”. The Secretary of Defense shall enter into a contract with a federally funded research and development center to provide for the organization, management, and support of the Commission. Such contract shall be entered into in consultation with the Secretary of Energy. The selection of the federally funded research and development center shall be made in consultation with the chairman and ranking minority member of the Committee on Armed Services of the Senate and the chairman and ranking minority member of the Committee on Armed Services of the House of Representatives.(2) Composition.—(A) Membership.—The Commission shall be composed of 12 members who shall be appointed by the Secretary of Defense. In selecting individuals for appointment to the Commission, the Secretary of Defense shall consult with the chairman and ranking minority member of the Committee on Armed Services of the Senate and the chairman and ranking minority member of the Committee on Armed Services of the House of Representatives.119 STAT. 3432(B) Qualifications.—Members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in the political, military, operational, and technical aspects of nuclear strategy.(3) Chairman of the commission.—The Secretary of Defense shall designate one of the members of the Commission to serve as chairman of the Commission.(4) Period of appointment; vacancies.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.(5) Security clearances.—All members of the Commission shall hold appropriate security clearances.(b) Duties of Commission.—(1) Review of implementation of nuclear posture review.—The Commission shall examine programmatic requirements to achieve the goals set forth in the report of the Secretary of Defense submitted to Congress on December 31, 2001, providing the results of the Nuclear Posture Review conducted pursuant to section 1041 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654, 1654A–262) and results of periodic assessments of the Nuclear Posture Review. Matters examined by the Commission shall include the following:(A) The process of establishing requirements for strategic forces and how that process accommodates employment of nonnuclear strike platforms and munitions in a strategic role.(B) How strategic intelligence, reconnaissance, and surveillance requirements differ from nuclear intelligence, reconnaissance, and surveillance requirements.(C) The ability of a limited number of strategic platforms to carry out a growing range of nonnuclear strategic strike missions.(D) The limits of tactical systems to perform nonnuclear global strategic missions in a prompt manner.(E) An assessment of the ability of the current nuclear stockpile to address the evolving strategic threat environment through 2008.(2) Recommendations.—The Commission shall include in its report recommendations with respect to the following:(A) Changes to the requirements process to employ nonnuclear strike platforms and munitions in a strategic role.(B) Changes to the nuclear stockpile and infrastructure required to preserve a nuclear capability commensurate with the changes to the strategic threat environment through 2008.(C) Actions the Secretary of Defense and the Secretary of Energy can take to preserve flexibility of the defense nuclear complex while reducing the cost of a Cold War strategic infrastructure.(D) Identify shortfalls in the strategic modernization programs of the United States that would undermine the ability of the United States to develop new nonnuclear strategic strike capabilities.119 STAT. 3433(3) Cooperation from government.—(A) Cooperation.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, and any other United States Government official in providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.(B) Liaison with doe & dod.—The Secretary of Energy and the Secretary of Defense shall each designate at least one officer or employee of the Department of Energy and the Department of Defense, respectively, to serve as a liaison officer between the department and the Commission.(c) Reports.—(1) Commission report.—Not later than June 30, 2007, the Commission shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report on the Commission’s findings and conclusions.(2) Secretary of defense response.—(A) In general.—The Secretary of Defense may submit to the Commission a response to the report of the Commission under paragraph (1). If the Secretary elects to submit to the Commission a response to the report of the Commission, the Secretary shall also submit such response to the committees specified in paragraph (1).(B) Matters to be included.—The response, if any, of the Secretary to the report of the Commission shall include—(i) comments on the findings and conclusions of the Commission; and(ii) an explanation of what actions, if any, the Secretary intends to take to implement the recommendations of the Commission and, with respect to each such recommendation, the Secretary’s reasons for implementing, or not implementing, the recommendation.(d) Detail of Government Employees.—Upon request of the chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, up to three employees of such department or agency to the Commission to assist it in carrying out its duties.(e) Funding.—Funds for activities of the Commission shall be provided from amounts appropriated for the Department of Defense.(f) Termination of Commission.—The Commission shall terminate on July 30, 2007.(g) Implementation.—(1) FFRDC contract.—The Secretary of Defense shall enter into the contract required under subsection (a)(1) not later that 60 days after the date of the enactment of this Act.(2) First meeting.—The Commission shall convene its first meeting not later than 30 days after the date as of which all members of the Commission have been appointed.119 STAT. 3434