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ices of the Senate and the chairman and ranking mi-
nority member of the Committee on Armed Services 
of the House of Representatives. 
(B) Members of the Commission shall be ap-
pointed from among private United States citizens 
with knowledge and expertise in the political, mili-
tary, operational, and technical aspects of nuclear 
strategy. 
(3) CHAIRMAN OF THE COMMISSION.—The Sec-
retary of Defense shall designate one of the mem-
bers of the Commission to serve as chairman of the 
Commission. 
(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall be 
filled in the same manner as the original appoint-
ment. 
(5) SECURITY CLEARANCES.—All members of 
the Commission shall hold appropriate security 
clearances. 
(b) DUTIES OF COMMISSION.— 
(1) REVIEW OF LONG-TERM IMPLEMENTATION 
OF THE NUCLEAR POSTURE REVIEW.—The Commis-
sion shall examine long-term programmatic require-
ments to achieve the goals set forth in the report of
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the Secretary of Defense submitted to Congress on 
December 31, 2001, providing the results of the Nu-
clear Posture Review conducted pursuant to section 
1041 of the Floyd D. Spence National Defense Au-
thorization 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 require-
ments for strategic forces and how that process 
accommodates employment of nonnuclear strike 
platforms and munitions in a strategic role. 
(B) How strategic intelligence, reconnais-
sance, and surveillance requirements differ from 
nuclear intelligence, reconnaissance, and sur-
veillance 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 per-
form nonnuclear global strategic missions in a 
prompt manner.
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(E) An assessment of the ability of the 
current nuclear stockpile to address the evolving 
strategic threat environment through 2025. 
(2) 
RECOMMENDATIONS.—The 
Commission 
shall include in its report recommendations with re-
spect to the following: 
(A) Changes to the requirements process 
to employ nonnuclear strike platforms and mu-
nitions in a strategic role. 
(B) Changes to the nuclear stockpile and 
infrastructure required to preserve a nuclear ca-
pability commensurate with the changes to the 
strategic threat environment through 2025. 
(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 infra-
structure. 
(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. 
(3) COOPERATION
FROM
GOVERNMENT
OFFI-
CIALS.—(A) In carrying out its duties, the Commis-
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sion 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) 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 li-
aison officer between the department and the Com-
mission. 
(c) REPORTS.— 
(1) COMMISSION
REPORT.—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 Commis-
sion’s findings and conclusions. Such report shall be 
submitted not later that 28 months after the date of 
the first meeting of the Commission. 
(2) SECRETARY OF DEFENSE RESPONSE.—Not 
later than one year after the date on which the Com-
mission submits its report under paragraph (1), the 
Secretary of Defense shall submit to Congress a re-
port—
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(A) commenting on the Commission’s find-
ings and conclusions; and 
(B) explaining what actions, if any, the 
Secretary intends to take to implement the rec-
ommendations of the Commission and, with re-
spect to each such recommendation, the Sec-
retary’s reasons for implementing, or not imple-
menting, the recommendation. 
(d) HEARINGS AND PROCEDURES.— 
(1) HEARINGS.—The Commission may, for the 
purpose of carrying out the purposes of this section, 
hold hearings and take testimony. 
(2) PROCEDURES.—The federally funded re-
search and development center with which a contract 
is entered into under subsection (a)(1) shall be re-
sponsible for establishing appropriate procedures for 
the Commission. 
(3) 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, personnel of that 
department or agency to the Commission to assist it 
in carrying out its duties.
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(e) FUNDING.—Funds for activities of the Commis-
sion shall be provided from amounts appropriated for the 
Department of Defense. 
(f) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 60 days after the date of the submis-
sion of its report under subsection (c)(1). 
(g) IMPLEMENTATION.— 
(1) FFRDC CONTRACT.—The Secretary of De-
fense 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 60 days 
after the date as of which all members of the Com-
mission have been appointed. 
SEC. 1042. REESTABLISHMENT OF EMP COMMISSION. 
(a) REESTABLISHMENT.—The commission estab-
lished pursuant to title XIV of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 114 Stat. 
1654A–345), known as the Commission to Assess the 
Threat to the United States from Electromagnetic Pulse 
Attack, is hereby reestablished. 
(b) MEMBERSHIP.—The Commission as reestablished 
shall have the same membership as the Commission had