Sec. 1089. REESTABLISHMENT OF COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE ATTACK

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## SEC. 1089 REESTABLISHMENT OF COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE ATTACK **[**[50 U.S.C. 2301 note](/us/usc/t50/s2301)**]** ###

(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), and reestablished pursuant to section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 50 U.S.C. 2301 note), known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished. ###

(b)Membership Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. If a Commissioner is unwilling or unable to serve on the Commission, the Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the House of Representatives and the Senate, shall appoint a new member to fill that vacancy. ###

(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.), as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 50 U.S.C. 2301 note) and section 1073 of the John Warner National Defense Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2403). ###

(d)Expanded Purpose Section 1401(b) of the Commission charter (114 Stat. 1654A-345) is amended by inserting before the period at the end the following: “, from non-nuclear EMP weapons, from natural EMP generated by geomagnetic storms, and from proposed uses in the military doctrines of potential adversaries of using EMP weapons in combination with other attack vectors.”. ###

(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 in the United States to a manmade or natural EMP event, giving special attention to the progress made 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 event. > > > #### “(2) > > The evolving current and future threat from state and non-state actors of a manmade EMP attack employing nuclear or non-nuclear weapons. > > > #### “(3) > > New technologies, operational procedures, and contingency planning that can protect electronics and military systems from the effects a manmade or natural EMP event. > > > #### “(4) > > Among the States, if State grids are protected against manmade or natural EMP, which States should receive highest priority for protecting critical defense assets. > > > #### “(5) > > The degree to which vulnerabilities of critical infrastructure systems create cascading vulnerabilities for military systems.” > . ###

(f)Report Section 1403 of the Commission charter (114 Stat. 1654A-345) is amended by striking “September 30, 2007” and inserting “June 30, 2017”. ###

(g)Termination Section 1049 of the Commission charter (114 Stat. 1654A-348) is amended by inserting before the period at the end the following: “, as amended by the National Defense Authorization Act for Fiscal Year 2016”. **[**Section 1090 was repealed by section 1056(e) of Public Law 115–91.**]**

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