S.Amdt. 5548

1. Adds SEC. 1041. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE ATTACK at the end of subtitle D of title X

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (2) if the Secretary determines that such an initiative is in the national interest, take appropriate actions to coordinate with the Federal Aviation Administration to achieve the type certification for such aircraft required by section 21.27 of title 14, Code of Federal Regulations.

   Inserted: SEC. 1041. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE ATTACK.

   Inserted: (a) Extension.--Section 1409 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-348; 50 U.S.C. 2301 note), as amended by section 1052(j) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3435), is further amended by striking "The Commission shall terminate" and all that follows through the period at the end and inserting "The Commission shall terminate March 31, 2012.".

   Inserted: (b) Annual Reports.--Section 1403 of that Act (114 Stat. 1654A-346; 50 U.S.C. 2301 note), as amended by section 1052(f) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3434), is further amended by adding at the end the following new subsection:

   Inserted: "(c) Annual Reports.--The Commission shall, not later than March 1 of each of years 2010, 2011, and 2012, submit to Congress a report--

   Inserted: "(1) assessing the changes to the vulnerability of United States military systems and critical civilian infrastructures resulting from the EMP threat and changes in the threat;

   Inserted: "(2) describing the progress, or lack of progress, in protecting United States military systems and critical civilian infrastructures from EMP attack; and

   Inserted: "(3) containing recommendations to address the threat and protect United States military systems and critical civilian infrastructures from attack.".

   Inserted: (c) Funding.--Section 1408 of that Act (114 Stat. 1654A-348; 50 U.S.C. 2301 note), as amended by section 1052(i) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3435), is further amended by adding at the end the following: "Such funds shall not exceed $3,000,000 per fiscal year.".

   Inserted: (d) Additional Members.--Effective as of the date that is 90 days after the date of the enactment of this Act--

   Inserted: (1) section 1401 of that Act (114 Stat. 1654A-346; 50 U.S.C. 2301 note), as amended by section 1052(d) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3434), is further amended by striking subsections (c) and (d) and inserting the following new subsections:

   Inserted: "(c) Composition.--

   Inserted: "(1) In general.--The Commission shall be composed of eleven members.

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   Inserted: "(2) Dod and fema members.--Seven of the members shall be appointed by the Secretary of Defense, and two of the members shall be appointed by the Director of the Federal Emergency Management Agency. In the event of a vacancy in the membership of the Commission under this paragraph, the Secretary of Defense shall appoint a new member. In selecting individuals for appointment to the Commission, the Secretary of Defense shall consult with the chairmen and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives.

   Inserted: "(3) FCC and hhs members.--One of the members shall be appointed by the Chairman of the Federal Communications Commission, and one of the members shall be appointed by the Secretary of Health and Human Services. In the event of a vacancy in the membership of the Commission under this paragraph, the vacancy shall be filled in the same manner as the original appointment under this paragraph. In selecting an individual for appointment to the Commission, the Chairman of the Federal Communications Commission shall consult with the chairmen and ranking minority members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. In selecting an individual for appointment to the Commission, the Secretary of Health and Human Services shall consult with the chairmen and ranking minority members of the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

   Inserted: "(d) Qualifications.--Members of the Commission appointed by the Secretary of Defense and the Director of the Federal Emergency Management Agency shall be appointed from among private United States citizens with knowledge and expertise in the scientific, technical, and military aspects of electromagnetic pulse effects referred to in subsection (b). The member of the Commission appointed by the Chairman of the Federal Communications Commission shall be appointed from among private United States citizens with knowledge and expertise in telecommunications, network infrastructure and management, information services, and emergency preparedness communications. The member of the Commission appointed by the Secretary of Health and Human Services shall be appointed from among private United States citizens with knowledge and expertise in public health, including preparedness for, and response to, public health emergencies."; and

   Inserted: (2) section 1405(b)(1) of that Act (114 Stat. 1654A-347; 50 U.S.C. 2301 note) is amended by striking "Five" and inserting "Six".

   Original wording

   At the end of subtitle D of title X, add the following:

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As printed