412
(4) in subsection (c), as redesignated by para-
graph (2), by striking the second and third sen-
tences 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 para-
graph (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 on an ongoing basis assess 
the following: 
‘‘(1) The nature and magnitude of potential 
EMP threats to the United States from terrorists 
and all other potentially hostile actors. 
‘‘(2) The proliferation of technology relevant to 
the EMP threat. 
‘‘(3) The vulnerability of electric-dependent 
military systems and other electric-dependent sys-
tems 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
413
departments and agencies of the United States, and 
entities of the private sector in taking steps to pro-
tect such systems from such an attack.’’. 
(f) REPORT.—Section 1403 of the Commission char-
ter (114 Stat. 1654A–345) is amended to read as follows: 
‘‘SEC. 1403. REPORTS. 
‘‘(a) ANNUAL REPORT.—Not later than March 1 
each year (beginning in 2007 and ending three years 
later), the Commission shall submit to Congress an annual 
report providing the Commission’s current assessment of 
the matters specified in section 1402. 
‘‘(b) ADDITIONAL REPORTS.—The Commission may 
submit to Congress additional reports at such other times 
as the Commission considers appropriate. 
‘‘(c) CONTENT OF REPORTS.—Each annual report 
under subsection (a) shall include recommendations for 
any steps the Commission believes should be taken by the 
United States to better protect systems referred to in sec-
tion 1402(3) from an EMP attack.’’. 
(g) CLERICAL AMENDMENT.—The heading for sub-
section (c) of section 1405 of the Commission charter (114 
Stat. 1654A–347) is amended by striking ‘‘Commission’’ 
and inserting ‘‘Panels’’. 
(h) COMMISSION PERSONNEL MATTERS.—Section 
1406(c)(2) of the Commission charter (114 Stat. 1654A–
414
347) is amended by striking ‘‘for grade GS–15 of the Gen-
eral Schedule’’ and inserting ‘‘for senior level and sci-
entific or professional positions’’. 
(i) FUNDING.—Section 1408 of the Commission char-
ter (114 Stat. 1654A–348) is amended—
(1) by inserting ‘‘for any fiscal year’’ after ‘‘ac-
tivities of the Commission’’; and 
(2) by striking ‘‘for fiscal year 2001’’ and in-
serting ‘‘for that fiscal year’’. 
(j) TERMINATION OF COMMISSION.—Section 1409 of 
the Commission charter (114 Stat. 1654A–348) is amend-
ed by striking ‘‘60 days’’ and all that follows through ‘‘sec-
tion 1403(a)’’ and inserting ‘‘on May 1, 2010’’. 
SEC. 1043. MODERNIZATION OF AUTHORITY RELATING TO 
SECURITY OF DEFENSE PROPERTY AND FA-
CILITIES. 
Section 21 of the Internal Security Act of 1950 (50 
U.S.C. 797) is amended to read as follows: 
‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS 
AND ORDERS 
‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DE-
FENSE PROPERTY SECURITY REGULATIONS.—
‘‘(1) MISDEMEANOR.—Whoever willfully violates 
any defense property security regulation shall be 
fined under title 18, United States Code, or impris-
oned not more than one year, or both.