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as of the date of the submission of the report of the Com-
mission 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 sec-
tion, 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 fol-
lowing new subsection (b): 
‘‘(b) PURPOSE.—The purpose of the Commission is 
to monitor, investigate, make recommendations, and re-
port 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.’’;
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(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
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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–
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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.
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‘‘(2) DEFENSE PROPERTY SECURITY REGULA-
TION DESCRIBED.—For purposes of paragraph (1), 
a defense property security regulation is a property 
security regulation that, pursuant to lawful author-
ity— 
‘‘(A) shall be or has been promulgated or 
approved by the Secretary of Defense (or by a 
military commander designated by the Sec-
retary of Defense or by a military officer, or a 
civilian officer or employee of the Department 
of Defense, holding a senior Department of De-
fense director position designated by the Sec-
retary of Defense) for the protection or security 
of Department of Defense property; or 
‘‘(B) shall be or has been promulgated or 
approved by the Administrator of the National 
Aeronautics and Space Administration for the 
protection or security of NASA property. 
‘‘(3) PROPERTY
SECURITY
REGULATION
DE-
SCRIBED.—For purposes of paragraph (2), a prop-
erty security regulation, with respect to any prop-
erty, is a regulation— 
‘‘(A) relating to fire hazards, fire protec-
tion, lighting, machinery, guard service, dis-
repair, disuse, or other unsatisfactory condi-
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tions on such property, or the ingress thereto or 
egress or removal of persons therefrom; or 
‘‘(B) otherwise providing for safeguarding 
such property against destruction, loss, or in-
jury by accident or by enemy action, sabotage, 
or other subversive actions. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) DEPARTMENT
OF
DEFENSE
PROP-
ERTY.—The term ‘Department of Defense 
property’ means covered property subject to the 
jurisdiction, administration, or in the custody of 
the Department of Defense, any Department or 
agency of which that Department consists, or 
any officer or employee of that Department or 
agency. 
‘‘(B) NASA PROPERTY.—The term ‘NASA 
property’ means covered property subject to the 
jurisdiction, administration, or in the custody of 
the National Aeronautics and Space Adminis-
tration or any officer or employee thereof. 
‘‘(C) COVERED
PROPERTY.—The term 
‘covered property’ means aircraft, airports, air-
port facilities, vessels, harbors, ports, piers, 
water-front facilities, bases, forts, posts, labora-
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tories, stations, vehicles, equipment, explosives, 
or other property or places. 
‘‘(D) 
REGULATION
AS
INCLUDING 
ORDER.—The term ‘regulation’ includes an 
order. 
‘‘(b) POSTING.—Any regulation or order covered by 
subsection (a) shall be posted in conspicuous and appro-
priate places.’’. 
SEC. 1044. REVISION OF DEPARTMENT OF DEFENSE COUN-
TERINTELLIGENCE POLYGRAPH PROGRAM. 
(a) IN GENERAL.—Section 1564a of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 1564a. Counterintelligence polygraph program 
‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of 
Defense may carry out a program for the administration 
of counterintelligence polygraph examinations to persons 
described in subsection (b). The program shall be con-
ducted in accordance with the standards specified in sub-
section (e). 
‘‘(b) PERSONS COVERED.—Except as provided in 
subsection (d), the following persons, if their duties are 
described in subsection (c), are subject to this section: 
‘‘(1) Military and civilian personnel of the De-
partment of Defense. 
‘‘(2) Personnel of defense contractors.
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‘‘(3) A person assigned or detailed to the De-
partment of Defense. 
‘‘(4) An applicant for a position in the Depart-
ment of Defense. 
‘‘(c) COVERED TYPES OF DUTIES.—The Secretary of 
Defense may provide, under standards established by the 
Secretary, that a person described in subsection (b) is sub-
ject to this section if that person’s duties involve— 
‘‘(1) access to information that— 
‘‘(A) has been classified at the level of top 
secret; or 
‘‘(B) is designated as being within a spe-
cial access program under section 4.4(a) of Ex-
ecutive Order No. 12958 (or a successor Execu-
tive order); or 
‘‘(2) assistance in an intelligence or military 
mission in a case in which the unauthorized disclo-
sure or manipulation of information, as determined 
under standards established by the Secretary of De-
fense, could reasonably be expected to— 
‘‘(A) jeopardize human life or safety; 
‘‘(B) result in the loss of unique or unique-
ly productive intelligence sources or methods 
vital to United States security; or
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‘‘(C) compromise technologies, operational 
plans, or security procedures vital to the stra-
tegic advantage of the United States and its al-
lies. 
‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN 
INTELLIGENCE AGENCIES AND FUNCTIONS.—This section 
does not apply to the following persons: 
‘‘(1) A person assigned or detailed to the Cen-
tral Intelligence Agency or to an expert or consult-
ant under a contract with the Central Intelligence 
Agency. 
‘‘(2) A person who is— 
‘‘(A) employed by or assigned or detailed 
to the National Security Agency; 
‘‘(B) an expert or consultant under con-
tract to the National Security Agency; 
‘‘(C) an employee of a contractor of the 
National Security Agency; or 
‘‘(D) a person applying for a position in 
the National Security Agency. 
‘‘(3) A person assigned to a space where sen-
sitive cryptographic information is produced, proc-
essed, or stored. 
‘‘(4) A person employed by, or assigned or de-
tailed to, an office within the Department of Defense
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for the collection of specialized national foreign intel-
ligence through reconnaissance programs or a con-
tractor of such an office. 
‘‘(e) STANDARDS.—(1) Polygraph examinations con-
ducted under this section shall comply with all applicable 
laws and regulations. 
‘‘(2) Such examinations may be authorized for any 
of the following purposes: 
‘‘(A) To assist in determining the initial eligi-
bility for duties described in subsection (c) of, and 
aperiodically thereafter, on a random basis, to assist 
in determining the continued eligibility of, persons 
described in subsections (b) and (c). 
‘‘(B) With the consent of, or upon the request 
of, the examinee, to— 
‘‘(i) resolve serious credible derogatory in-
formation developed in connection with a per-
sonnel security investigation; or 
‘‘(ii) exculpate him- or herself of allega-
tions or evidence arising in the course of a 
counterintelligence or personnel security inves-
tigation. 
‘‘(C) To assist, in a limited number of cases 
when operational exigencies require the immediate 
use of a person’s services before the completion of
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a personnel security investigation, in determining 
the interim eligibility for duties described in sub-
section (c) of the person. 
‘‘(3) Polygraph examinations conducted under this 
section shall provide adequate safeguards, prescribed by 
the Secretary of Defense, for the protection of the rights 
and privacy of persons subject to this section under sub-
section (b) who are considered for or administered poly-
graph examinations under this section. Such safeguards 
shall include the following: 
‘‘(A) The examinee shall receive timely notifica-
tion of the examination and its intended purpose 
and may only be given the examination with the con-
sent of the examinee. 
‘‘(B) The examinee shall be advised of the 
examinee’s right to consult with legal counsel. 
‘‘(C) All questions asked concerning the matter 
at issue, other than technical questions necessary to 
the polygraph technique, must have a relevance to 
the subject of the inquiry. 
‘‘(f) OVERSIGHT.—(1) The Secretary shall establish 
a process to monitor responsible and effective application 
of polygraph examinations within the Department of De-
fense.
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‘‘(2) The Secretary shall make information on the use 
of polygraphs within the Department of Defense available 
to the congressional defense committees. 
‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Sec-
retary shall carry out a continuing research program to 
support the polygraph examination activities of the De-
partment of Defense. The program shall include the fol-
lowing: 
‘‘(1) An on-going evaluation of the validity of 
polygraph techniques used by the Department. 
‘‘(2) Research on polygraph countermeasures 
and anti- countermeasures. 
‘‘(3) Developmental research on polygraph tech-
niques, instrumentation, and analytic methods.’’. 
(b) EFFECTIVE
DATE; IMPLEMENTATION.—The 
amendment made by subsection (a) shall apply with re-
spect to polygraph examinations administered beginning 
on the date of the enactment of this Act. 
SEC. 1045. REPEAL OF REQUIREMENT FOR REPORT TO 
CONGRESS REGARDING GLOBAL STRIKE CA-
PABILITY. 
(a) REPEAL OF REQUIREMENT FOR ANNUAL UP-
DATE TO PLAN FOR GLOBAL STRIKE CAPABILITY.—Sub-
section (a) of section 1032 of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public Law 108–
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136; 117 Stat. 1605; 10 U.S.C. 113 note) is amended by 
striking the second sentence. 
(b) REPEAL OF 2006 REPORT REQUIREMENT.—Sub-
section (b)(1) of such section is amended by striking ‘‘, 
2005, and 2006’’ and inserting ‘‘and 2005’’. 
SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) AMENDMENTS RELATING
TO DEFINITION
OF 
CONGRESSIONAL DEFENSE COMMITTEES.— 
(1) Chapter 169 of title 10, United States 
Code, is amended as follows: 
(A) Paragraph (4) of section 2801(c) is 
amended to read as follows: 
‘‘(4) The term ‘congressional defense commit-
tees’ includes, with respect to any project to be car-
ried out by, or for the use of, an intelligence compo-
nent of the Department of Defense— 
‘‘(A) the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
‘‘(B) the Select Committee on Intelligence 
of the Senate.’’. 
(B) The following sections are amended by 
striking ‘‘appropriate committees of Congress’’ 
each place it appears and inserting ‘‘congres-
sional defense committees’’: sections 2803(b),