119 STAT. 3434 50 USC 2301 note.
PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 1052. REESTABLISHMENT OF EMP COMMISSION.
(a) REESTABLISHMENT.—The commission established pursuant to title XIV of the Floyd D. Spence National 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 as of the date of the submission of the report of the Commission pursuant to section 1403(a) of such Act, as in effect before the date of the enactment of this Act. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. (c) COMMISSION CHARTER DEFINED.—In this section, the term ‘‘Commission charter’’ means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–345 et seq.). (d) ESTABLISHMENT AND PURPOSE.—Section 1401 of the Commission charter (114 Stat. 1654A–345) is amended— (1) by striking subsections (e) and (g); (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by inserting after subsection (a) the following new subsection (b): ‘‘(b) PURPOSE.—The purpose of the Commission is to monitor, investigate, make recommendations, and report to Congress on the evolving threat to the United States from electromagnetic pulse (hereinafter in this title referred to as ‘EMP’) attack resulting from the detonation of a nuclear weapon or weapons at high altitude.’’; (4) in subsection (c), as redesignated by paragraph (2), by striking the second and third sentences and inserting ‘‘In the event of a vacancy in the membership of the Commission, the Secretary of Defense shall appoint a new member.’’; and (5) in subsection (d), as redesignated by paragraph (2), by striking ‘‘pulse (hereafter’’ and all that follows and inserting ‘‘pulse effects referred to in subsection (b).’’. (e) DUTIES OF COMMISSION.—Section 1402 of the Commission charter (114 Stat. 1654A–346) is amended to read as follows: ‘‘SEC. 1402. DUTIES OF COMMISSION.
‘‘The Commission shall assess the following: ‘‘(1) The vulnerability of electric-dependent military systems and other electric-dependent systems in the United States to an EMP attack, giving special attention to the progress, or lack of progress, by the Department of Defense, other Government departments and agencies of the United States, and entities of the private sector in taking steps to protect such systems from such an attack. ‘‘(2) The report of the Secretary of Defense submitted to Congress under section 1403(b) of this Act as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2006.’’. (f) REPORT.—Section 1403 of the Commission charter (114 Stat. 1654A–345) is amended to read as follows:
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