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[House Report 112-200]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-200

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2218) TO AMEND THE 
CHARTER SCHOOL PROGRAM UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT 
  OF 1965, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1892) TO 
  AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2012 FOR INTELLIGENCE AND 
 INTELLIGENCE-RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE 
   COMMUNITY MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY 
        RETIREMENT AND DISABILITY SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

 September 7, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 392]

    The Committee on Rules, having had under consideration 
House Resolution 392, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2218, the 
Empowering Parents through Quality Charter Schools Act, under a 
structured rule. The resolution provides one hour of general 
debate on H.R. 2218 equally divided and controlled by the chair 
and ranking minority member of the Committee on Education and 
the Workforce. The resolution waives all points of order 
against consideration of H.R. 2218. The resolution makes in 
order the amendment in the nature of a substitute recommended 
by the Committee Education and the Workforce now printed in the 
bill as an original bill for purpose of amendment and provides 
that the amendment shall be considered as read. The resolution 
waives all points of order against the provisions of H.R. 2218. 
The resolution further makes in order only those amendments to 
H.R. 2218 printed in Part A of this report. The resolution 
provides that each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. All points of order against the 
amendments printed in Part A of this report are waived. The 
resolution provides one motion to recommit H.R. 2218 with or 
without instructions.
    The resolution provides for consideration of H.R. 1892, the 
Intelligence Authorization Act for Fiscal Year 2012, under a 
structured rule. The resolution provides for one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Permanent Select Committee on 
Intelligence. The resolution waives all points of order against 
consideration of H.R. 1892. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the Rules Committee Print 
dated August 31, 2011 and provides that the amendment in the 
nature of a substitute shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute. The resolution makes in order only 
those amendments to H.R. 1892 printed in Part B of this report. 
The resolution provides that each such amendment may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The resolution waives all 
points of order against the amendments printed in Part B of 
this report. The resolution provides that the chairman of the 
Permanent Select Committee on Intelligence or his designee may 
offer amendments en bloc consisting of amendments printed in 
Part B of this report not earlier disposed of. Amendments en 
bloc shall be considered as read, shall be debatable for 10 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Permanent Select Committee on 
Intelligence or their designees, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the While. The 
original proponent of an amendment included in such amendments 
en bloc may insert a statement in the Congressional Record 
immediately before the disposition of the amendments en bloc. 
The resolution provides for one motion to recommit H.R. 1892 
with or without instructions.
    Section 3 of the resolution provides that a motion to 
proceed with regard to a joint resolution of disapproval 
specified in subsection (a)(1) of section 3101A of title 31, 
United States Code shall be in order only if offered by the 
Majority Leader or his designee and may be offered even 
following the sixth day specified in subsection (c)(3) of such 
section but not later than the legislative day of September 14, 
2011.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2218, the Committee is not aware of any 
points of order against its consideration. The waiver of all 
points of order against consideration is prophylactic.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute to H.R. 
2218, the Committee is not aware of any points of order against 
the amendment in the nature of a substitute. The waiver or all 
points of order is prophylactic.
    Although the resolution waives all points of order against 
the amendments printed in Part A of this report, the Committee 
is not aware of any points of order against the amendments. The 
waiver of all points of order is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 1892 includes a waiver of clause 3(c)(4) of rule XIII, 
which requires a statement of general performance goals and 
objectives, including outcome-related goals and objections, for 
which the measure authorizes funding.
    The waiver of all points of order against the Rules 
Committee Print of H.R. 1892 dated August 31, 2011 includes:
    A waiver of clause 4 of rule XXI, which prohibits a bill or 
joint resolution carrying an appropriation from being reported 
by a committee not having jurisdiction to report 
appropriations. Section 433 of the Rules Committee Print falls 
within the jurisdiction of the Committee on Appropriations.
    A waiver of clause 7 of rule XVI because the Rules 
Committee Print of H.R. 1892 includes provisions that are not 
germane to the bill as reported by the Permanent Select 
Committee on Intelligence.
    Although the resolution waives all points of order against 
the amendments printed in Part B of this report, the Committee 
is not aware of any points of order. The waiver of all points 
of order is prophylactic.
    It is important to note that the estimate provided by the 
Congressional Budget Office (CBO) to the Permanent Select 
Committee on Intelligence and the Committee on the Budget is 
incomplete due to the fact that CBO is only permitted to score 
the unclassified portions of the bill. Because the estimate is 
incomplete, the Chairman of the Committee on the Budget is 
unable to accurately advise the Chair on budget related points 
of order.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 126

    Motion by Mr. McGovern to amend the rule to H.R. 2218 to 
make in order and provide the appropriate waivers for amendment 
#10, offered by Rep. Peters (MI), which would add post-
secondary persistence and graduation rates to the criteria used 
to measure the progress of charter schools. Defeated: 4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 127

    Motion by Mr. Hastings of Florida to amend the rule to H.R. 
2218 to make in order and provide the appropriate waivers for 
the amendment #7, offered by Rep. Garamendi (CA), which would 
give priority to eligible entities that plan to use materials 
made in America for the construction and renovation of school 
facilities. Defeated: 4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF AMENDMENTS IN PART A TO BE MADE IN ORDER

    1. Kline, John (MN), Miller, George (CA): Would make 
technical and clarifying corrections to the bill as reported 
out of Committee. Would make additional policy changes to 
improve the Charter School Program, including provisions 
regarding parent input, annual grants, education for at-risk 
students, diverse charter school models, transportation needs, 
high quality applicants, and school lunch participants. (10 
minutes)
    2. Davis, Susan (CA): Would add to the purpose section of 
H.R. 2218 the importance of innovation in public education to 
prepare students to compete in the global economy. (10 minutes)
    3. Paulsen (MN), Polis (CO): Would change the duration of 
Subgrants in the Grant Limitations Section from 5 years to 3 
years to allow successful and eligible operating schools to 
replicate and expand faster. The school must demonstrate 
successful operation data for no less than 3 years. (10 
minutes)
    4. Lujan (NM): Would add to the requirement that applicants 
include in their application a description of how a charter 
school program would share best and promising practices between 
charter schools and other public schools, by including in that 
description how they would share best practices in instruction 
and professional development in technology, engineering, and 
math education where appropriate. (10 minutes)
    5. Polis (CO): Would promote innovation and quality in 
charter schools by adding a priority to states that allow 
charter school authorizers besides local educational agencies. 
(10 minutes)
    6. Moore, Gwen (WI): Would strike ``governor of a state'' 
from the definition of ``state entity'' on page 20, thus 
removing Governors' eligibility to apply for federal grant 
funding to oversee charter school operations in their states. 
(10 minutes)
    7. Holt (NJ): Would encourage the Secretary of Education to 
include a priority for green school building practices in the 
application for states to ensure that federal investment in 
charter school facilities would be energy efficient and 
environmentally friendly. (10 minutes)
    8. King, Steve (IA): Would strike subparagraph (d) of 
subsection (6) of Sec. (9) which is part of the definition of 
``high quality charter schools.'' Would strike the following 
language: ``(D) has demonstrated success in increasing student 
academic achievement for the subgroups of students described in 
section 1111(b)(2)(C)(v)(II).'' (10 minutes)

          SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

    1. Rogers, Mike (MI): Would make various modifications and 
technical corrections including: 1) clarifies the language 
contained in section 102 that would limit distribution of the 
classified annex to ensure that the Executive Branch may 
distribute within the Executive Branch as necessary to 
implement the budget; 2) strikes section 307 concerning 
amendments to provisions requiring certain information be 
provided to Congress prior to transfer of detainees so as to 
maintain the process in current law; 3) strikes section 309 
concerning a requirement that the DNI provide certain State 
Department documents related to detainees; 4) clarifies that 
decisions made pursuant to the authority in section 310 may not 
be delegated to an official below the level of the service 
acquisition executive for the agency concerned; 5) adds a new 
section that would permit the President to make temporary 
appointments to fill vacancies in offices within the Office of 
the Director of National Intelligence that require Senate 
confirmation (except the DNI, for whom by Section 103A(a)(6) of 
the National Security Act of 1947 the Principal Deputy DNI is 
next in line) with a senior official who serves in another 
element of the Intelligence Community; and 6) strikes section 
421, which requires confirmation of the Director of the 
National Security Agency. (10 minutes)
    2. Wolf (VA): Would create a ``Team B''--a counterterrorism 
competitive analysis council of outside experts--to 
continuously advise the Director of National Intelligence and 
the Congress on how best to revise plans, operations, concepts, 
organizations, and capabilities across the intelligence 
community in response to the evolving threat of terrorism and 
domestic radicalization. (10 minutes)
    3. Hinchey (NY): Would require the Director of National 
Intelligence (DNI) to report to the House and Senate 
Intelligence panels on information it has regarding the human 
rights violations of the military government in Argentina that 
resulted in 30,000 disappearances between the mid-1970's and 
mid-1980's. (10 minutes)
    4. Cuellar (TX): Would direct each agency that deals with 
classified documents to report to Congress within 1 year 
potential security risks associated with the acquisition of 
computer hardware. The report would include recommendations of 
what steps need to be taken to ensure computer hardware that is 
acquired for use with classified documents is not at risk being 
used to disclose information to outside sources. (10 minutes)
    5. Holt (NJ): Would direct the Director of National 
Intelligence to submit to Congress not more than 180 days after 
enactment a National Intelligence Estimate on the impact of the 
recent revolutions in North Africa and the Middle East on the 
security of the State of Israel. (10 minutes)
    6. Hunter (CA): Would require the Director of National 
Intelligence and the Secretary of Defense to establish a 
coordinated strategy utilizing all available personnel and 
assets for intelligence collection and analysis to identify and 
counter network activity and operations in Pakistan and 
Afghanistan relating to the development and use of improvised 
explosive devices. (10 minutes)
    7. Carney (DE): Would express the sense of Congress that 
railway transportation security has been and must continue to 
be a priority of the intelligence community in infrastructure 
threat assessment, namely through the coordination of the 
Office of Intelligence & Analysis. (10 minutes)
    8. Cuellar (TX): Would require the National Security 
Strategy Report include outlining efficiencies, cost saving 
mechanism, and methods to streamline national defense, and 
homeland security intelligence capabilities. (10 minutes)
    9. Keating (MA): Would include Sense of Congress language 
to encourage the Secretary of Homeland Security, in 
consultation with the Director of National Intelligence, to 
integrate the intelligence-sharing capabilities of fusion 
centers and leverage participation from all intelligence, law 
enforcement and homeland security agencies to prevent acts of 
terrorism against the United States in a manner consistent with 
the Constitution. (10 minutes)

             A--TEXT OF AMENDMENTS IN PART A MADE IN ORDER

 1. An Amendment To Be Offered by Representative Kline of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 4, beginning on line 6, strike ``English language 
learners'' and insert ``limited English proficient students''.
  Page 5, line 19, insert ``or subpart 2'' after ``this 
subpart''.
  Page 7, line 16, insert ``Grant Number and Amount;'' after 
``Review;''.
  Page 7, line 17, insert ``; Waivers'' after ``Projects''.
  Page 8, after line 6, insert the following:
          ``(3) Grant number and amount.--The Secretary shall 
        ensure that the number of grants awarded under this 
        section and the award amounts will allow for a 
        sufficient number of new grants to be awarded under 
        this section for each succeeding fiscal year.''.
  Page 8, line 7, redesignate paragraph (3) as paragraph (4).
  Page 8, after line 15, insert the following:
          ``(5) Waivers.--The Secretary may waive any statutory 
        or regulatory requirement over which the Secretary 
        exercises administrative authority except any such 
        requirement relating to the elements of a charter 
        school described in section 5210(1), if--
                  ``(A) the waiver is requested in an approved 
                application under this section; and
                  ``(B) the Secretary determines that granting 
                such a waiver will promote the purpose of this 
                subpart.''.
  Page 11, line 16, strike ``English language learners'' and 
insert ``limited English proficient students''.
  Page 12, line 5, strike ``expanding'' and insert ``the 
expansion of''.
  Page 12, line 7, insert ``of'' before ``how''.
  Page 12, line 17, strike ``and''.
  Page 13, after line 2, insert the following:
                                  ``(III) a description of how 
                                the eligible applicant will 
                                solicit and consider input from 
                                parents and other members of 
                                the community on the 
                                implementation and operation of 
                                each charter school receiving 
                                funds under the entity's 
                                program; and''
  Page 13, line 4, strike ``and''.
  Page 13, line 9, strike the period and insert ``; and''.
  Page 13, after line 9, insert the following:
                  ``(E) of how the entity will help the charter 
                schools receiving funds under the entity's 
                program consider the transportation needs of 
                the schools' students; and
                  ``(F) of how the entity will support diverse 
                charter school models, including models that 
                serve rural communities.''.
  Page 13, line 22, strike ``the charter school'' and insert 
``each charter school''.
  Page 14, line 1, strike ``and''.
  Page 14, line 2, insert before the semicolon, ``, the Age 
Discrimination Act of 1975, and title IX of the Education 
Amendments of 1972''.
  Page 14, beginning on line 3, strike ``the schools'' and 
insert ``each charter school''.
  Page 14, beginning on line 6, strike ``English language 
learners'' and insert ``limited English proficient students''.
  Page 14, line 7, insert ``and'' after the semicolon.
  Page 14, after line 7, insert the following:
                          ``(iii) ensures that each charter 
                        school solicits and considers input 
                        from parents and other members of the 
                        community on the implementation and 
                        operation of the school;''.
  Page 14, line 15, strike ``English language learners'' and 
insert ``limited English proficient students''.
  Page 14, beginning on line 22, amend clause (i) to read as 
follows:
                          ``(i) assessing annual performance 
                        data of the schools, including, as 
                        appropriate, graduation rates and 
                        student growth; and''.
  Page 15, line 8, strike ``and''.
  Page 15, line 12, strike the period at the end and insert ``; 
and''.
  Page 15, after line 12, insert the following:
                  ``(G) the entity will ensure that each 
                charter school in the State make publicly 
                available, consistent with the dissemination 
                requirements of the annual State report card, 
                the information parents need to make informed 
                decisions about the educational options 
                available to their children, including 
                information on the educational program, student 
                support services, and annual performance and 
                enrollment data for the groups of students 
                described in section 1111(b)(2)(C)(v)(II).''.
  Page 16, line 17, insert ``proposed'' before ``number''.
  Page 17, line 7, strike ``and''.
  Page 17, line 10, strike the period at the end and insert ``; 
and''.
  Page 17, insert after line 10, the following:
                  ``(I) the entity's plan to solicit and 
                consider input from parents and other members 
                of the community on the implementation and 
                operation of the charter schools in the 
                State.''.
  Page 18, beginning on line 7, strike subparagraph (D).
  Page 18, line 9, redesignate subparagraph (E) as subparagraph 
(D).
  Page 18, line 13, redesignate subparagraph (F) as 
subparagraph (E).
  Page 18, line 18, redesignate subparagraph (G) as 
subparagraph (F).
  Page 18, line 20, strike the comma after ``factors''.
  Page 19, line 2, strike ``English language learners'' and 
insert ``limited English proficient students''.
  Page 19, after line 2, insert the following:
                  ``(G) The State entity supports charter 
                schools that support at-risk students through 
                activities such as dropout prevention or 
                dropout recovery.
                  ``(H) The State entity authorizes all charter 
                schools in the State to serve as school food 
                authorities.''.
  Page 19, line 12, insert ``by each subgrant awarded under 
this section'' after ``number of students served''.
  Page 19, line 14, strike ``grant'' and insert ``subgrant''.
  Page 20, line 10, strike ``in which the subgrants were 
awarded'' and insert ``that received subgrants under this 
section''.
  Page 20, line 23, strike ``not less than 3 grants to eligible 
entities that have'' and insert ``grants to eligible entities 
that have the highest-quality''.
  Page 20, line 24, after ``subsection (d)'' insert ``, after 
considering the diversity of such applications,''
  Page 21, beginning on line 11, amend subsection (b) to read 
as follows:
  ``(b) Grantee Selection.--The Secretary shall evaluate each 
application submitted under subsection (d), and shall determine 
whether the application is sufficient to merit approval.''.
  Page 26, beginning on line 2, strike ``subsection'' and 
insert ``paragraph''.
  Page 32, line 23, strike ``To'' and insert ``Except as 
provided in clause (ii), to''.
  Page 33, line 7, strike ``A'' and insert ``Notwithstanding 
clause (i), a''.
  Page 33, line 10, insert ``, but which does not have a per-
pupil facilities aid program for charter schools specified in 
State law,'' after ``space''.
  Page 34, line 7, insert ``, and eligible entities and States 
receiving grants under section 5204'' before the semicolon.
  Page 36, line 8, strike ``inserting'' and insert ``adding''.
  Page 37, line 4, strike ``subgroups'' and insert ``groups''.
                              ----------                              

2. An Amendment To Be Offered by Representative Davis of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 3, line 17, redesignate paragraph (1) as paragraph (2), 
and insert the following:
          ``(1) improve the United States education system and 
        educational opportunities for all Americans by 
        supporting innovation in public education in public 
        school settings that prepare students to compete and 
        contribute to the global economy;''.
  Page 3, line 20, redesignate paragraph (2) as paragraph (3).
  Page 3, line 22, redesignate paragraph (3) as paragraph (4).
  Page 4, line 1, redesignate paragraph (4) as paragraph (5).
  Page 4, line 5, redesignate paragraph (5) as paragraph (6).
  Page 4, line 10, redesignate paragraph (6) as paragraph (7).
                              ----------                              

3. An Amendment To Be Offered by Representative Paulsen of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 22, after ``period'' insert ``, unless the 
eligible applicant demonstrates to the State entity not less 
than 3 years of improved educational results in the areas 
described in subparagraphs (A) and (D) of section 5210(6) for 
students enrolled in such charter school''.
                              ----------                              

4. An Amendment To Be Offered by Representative Lujan of New Mexico or 
                 His Designee, Debatable for 10 Minutes

  Page 11, line 12, insert before the semicolon ``, including, 
where appropriate, instruction and professional development in 
science, math, technology, and engineering education''.
                              ----------                              

 5. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  Page 17, begining on line 14, strike subparagraph (A), and 
insert the following:
                  ``(A) In the case of a State entity located 
                in a State that allows an entity other than a 
                local educational agency to be an authorized 
                public chartering agency, the State has a 
                quality authorized public chartering agency 
                that is an entity other than a local 
                educational agency.''.
                              ----------                              

 6. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 20, line 13, insert ``or'' after the semicolon.
  Page 20, line 14, strike ``; or'' and insert a period.
  Page 20, line 15, strike paragraph (3).
                              ----------                              

 7. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 33, after line 19, insert the following:
          ``(6) Priority.--In awarding grants under this 
        subsection, the Secretary is encouraged to give 
        priority to States that encourage green school building 
        practices and certification.''.
                              ----------                              

  8. An Amendment To Be Offered by Representative King of Iowa or His 
                   Designee, Debatable for 10 Minutes

  Page 36, line 22, insert ``and'' after the semicolon.
  Page 37, line 2, strike ``; and'' and insert a period.
  Page 37, beginning on line 3, strike subparagraph (D).
                              ----------                              

             B--TEXT OF AMENDMENTS IN PART B MADE IN ORDER

 1. An Amendment To Be Offered by Representative Rogers of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 5, strike lines 9 through 14 and insert the following:
          (3) Limits on disclosure.--The President shall not 
        publicly disclose the classified Schedule of 
        Authorizations or any portion of such Schedule except--
                  (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007 (50 U.S.C. 415c)
                  (B) to the extent necessary to implement the 
                budget; or
                  (C) as otherwise required by law.
  Page 5, line 17, insert ``the Director of'' before ``the 
Federal Bureau of Investigation''.
  Strike section 307 (page 15, line 1 through page 16, line 
18).
  Strike section 309 (page 18, line 17 through page 19, line 
16).
  Page 24, after line 15 insert the following:
  (d) Delegation.--The head of a covered agency may not 
delegate the authority provided in subsection (b) or the 
responsibility to make a determination under subsection (c) to 
an official below the level of the service acquisition 
executive for the agency concerned.
  At the end of subtitle A of title IV (page 30, after line 
18), add the following new section:

SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF THE 
                    DIRECTOR OF NATIONAL INTELLIGENCE.

  Section 103 of the National Security Act of 1947 (50 U.S.C. 
403-3) is amended--
          (1) by redesignating subsection (e) as subsection 
        (f); and
          (2) by inserting after subsection (d) the following 
        new subsection:
  ``(e) Temporary Filling of Vacancies.--With respect to 
filling temporarily a vacancy in an office within the Office of 
the Director of National Intelligence (other than that of the 
Director of National Intelligence), section 3345(a)(3) of title 
5, United States Code, may be applied--
          ``(1) in the matter preceding subparagraph (A), by 
        substituting `an element of the intelligence community, 
        as that term is defined in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)),' for `such 
        Executive agency'; and
          ``(2) in subparagraph (A), by substituting `the 
        intelligence community' for `such agency'.''.
  Strike section 421 (page 43, line 14 through pate 45, line 
9).
                              ----------                              

2. An Amendment To Be Offered by Representative Wolf of Virginia or His 
                   Designee, Debatable for 10 Minutes

  At the end of title III, add the following:

SEC. 312. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS 
                    COUNCIL.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) terrorism and domestic radicalization represent 
        evolving, dynamic, multidimensional threats that 
        necessitate a structured, iterative process to 
        continuously revise plans, operations, concepts, 
        organizations, and capabilities; and
          (2) past federal experience in competitive analysis 
        executed by experts drawn from outside the government 
        has helped the intelligence community and policymakers 
        better understand the nature of complex threats to the 
        United States.
  (b) Establishment.--Title I of the National Security Act of 
1947 (50 U.S.C. 401 et. seq.) is amended by adding at the end 
the following:

            ``COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL

  ``Sec. 120.  (a) Establishment.--There is established a 
council to be known as the `Counterterrorism Competitive 
Analysis Council' (in this section referred to as the 
`Council').
  ``(b) Duties.--The Council shall--
          ``(1) advise the Director of National Intelligence on 
        matters of policy relating to the threats of 
        international terrorism and domestic radicalization 
        based on all-source information;
          ``(2) prepare a competitive analysis of each national 
        intelligence estimate concerning al-Qaeda and other 
        foreign terrorist organizations and submit such 
        analysis to the Director of National Intelligence and 
        the National Intelligence Council; and
          ``(3) annually submit to Congress a report in 
        unclassified form, which may include a classified 
        annex, on trends in counterterrorism and domestic 
        radicalization, including a summary of any competitive 
        analysis prepared pursuant to paragraph (2).
  ``(c) Members.--(1) The Council shall be composed of eight 
members appointed by the Director of National Intelligence, in 
consultation with the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate. Members shall be 
selected on the basis of previous experience with matters of 
policy relating to international terrorism and domestic 
radicalization.
  ``(2)(A) The Director of National Intelligence may not 
appoint an individual to the Council if such individual has 
served as an officer or employee of the Federal Government 
within a five-year period of the date of appointment.
  ``(B) The Director of National Intelligence may not appoint 
an individual to the Council if--
          ``(i) such individual has served as an officer or 
        employee of the Federal Government within a 15-year 
        period of the date of appointment; and
          ``(ii) on the date of appointment, three of the 
        members of the Council have served as officers or 
        employees of the Federal Government within a 15-year 
        period of the date of appointment.
  ``(3) The term of a member is five years, and a member may 
not serve more than two terms, except that a member appointed 
to fill a vacancy may serve two additional terms after the 
expiration of the term in which that vacancy occured.
  ``(4) Any member appointed to fill a vacancy occurring before 
the expiration of a term shall be appointed for the remainder 
of that term.
  ``(5) Every two years, the Council shall select a chair and 
vice chair from among its members.
  ``(6) To the extent provided in advance in appropriation 
Acts, each member shall be paid at a rate not to exceed the 
annual rate of basic pay for level V of the Executive Schedule 
under section 5316 of title 5, United States Code.
  ``(7) Any member of the Council may, if authorized by the 
Council, take any action which the Council is authorized to 
take by this section.
  ``(d) Staff of Council.--(1) To the extent provided in 
advance in appropriation Acts, the Council shall appoint and 
fix the compensation of a Director and such additional staff as 
may be necessary to enable the Council to carry out its duties.
  ``(2) The Director and staff of the Council may be appointed 
without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and 
may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates, except that the 
rate of pay fixed for the Director and staff may not exceed the 
annual rate of basic pay for level V of the Executive Schedule 
under section 5316 of title 5, United States Code.
  ``(3) In accordance with rules adopted by the Council, and to 
the extent provided in advance in appropriation Acts, the 
Council may procure the services of experts and consultants 
under section 3109(b) of title 5, United States Code, but at 
rates for individuals not to exceed the daily equivalent of the 
annual rate of basic pay for level V of the Executive Schedule 
under section 5316 of title 5, United States Code.
  ``(e) Access to Intelligence Information.--(1) The Director 
of National Intelligence shall transmit to the Council each 
national intelligence estimate concerning al-Qaeda and other 
foreign terrorist organizations.
  ``(2) Upon request of the Council, the Director of National 
Intelligence shall make available to the Council any 
intelligence information in the possession of the intelligence 
community.
  ``(3) The Director of National Intelligence shall ensure that 
the appropriate executive departments and agencies cooperate 
with the Council in expeditiously providing to the members and 
staff appropriate security clearances in a manner consistent 
with existing procedures and requirements.
  ``(f) Applicability of Federal Advisory Committee Act.--
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 
U.S.C. App.), relating to the termination of advisory 
committees, shall not apply to the Council.
  ``(g) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $5,000,000 for 
each of fiscal years 2012 through 2017. No amount is authorized 
to carry out this section for a fiscal year unless the 
appropriation for the Office of the Director of National 
Intelligence for such fiscal year is reduced by an amount equal 
to the amount appropriated to carry out this section for such 
fiscal year''.
  (c) Initial Report.--The initial report required to be 
submitted under section 120(b)(2) of the National Security Act 
of 1947, as added by subsection (a), shall be filed not later 
than 1 year after the date of the enactment of this Act.
  (d) Clerical Amendment.--The table of contents of the 
National Security Act of 1947 (50 U.S.C. 401 et. seq.) is 
amended by inserting after the item relating to section 119B 
the following:

``Sec. 120. Counterterrorism Competitive Analysis Council.''.
                    ____________________________________________________

3. An Amendment To Be Offered by Representative Hinchey of New York or 
                 His Designee, Debatable for 10 Minutes

  At the end of title III (page 26, after line 6), add the 
following new section:

SEC. 312. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY IN 
                    ARGENTINA.

  (a) In General.--Not later than 270 days after the date of 
the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional 
committees a report containing the following:
          (1) A description of any information in the 
        possession of the intelligence community with respect 
        to the following events in the Republic of Argentina:
                  (A) The accession to power by the military of 
                the Republic of Argentina in 1976.
                  (B) Violations of human rights committed by 
                officers or agents of the Argentine military 
                and security forces during counterinsurgency or 
                counterterror operations, including by the 
                State Intelligence Secretariat (Secretaria de 
                Inteligencia del Estado), Military Intelligence 
                Detachment 141 (Destacamento de Inteligencia 
                Militar 141 in Cordoba), Military Intelligence 
                Detachment 121 (Destacamento Militar 121 in 
                Rosario), Army Intelligence Battalion 601, the 
                Army Reunion Center (Reunion Central del 
                Ejercito), and the Army First Corps in Buenos 
                Aires.
                  (C) Operation Condor and Argentina's role in 
                cross-border counterinsurgency or counterterror 
                operations with Brazil, Bolivia, Chile, 
                Paraguay, or Uruguay.
          (2) Information on abductions, torture, 
        disappearances, and executions by security forces and 
        other forms of repression, including the fate of 
        Argentine children born in captivity, that took place 
        at detention centers, including the following:
                  (A) The Argentine Navy Mechanical School 
                (Escuela Mecanica de la Armada).
                  (B) Automotores Orletti.
                  (C) Operaciones Tacticas 18.
                  (D) La Perla.
                  (E) Campo de Mayo.
                  (F) Institutos Militares.
          (3) An appendix of declassified records reviewed and 
        used for the report submitted under this subsection.
          (4) A descriptive index of information referred to in 
        paragraph (1) or (2) that is classified, including the 
        identity of each document that is classified, the 
        reason for continuing the classification of such 
        document, and an explanation of how the release of the 
        document would damage the national security interests 
        of the United States.
  (b) Review of Classified Documents.--Not later than two years 
after the date on which the report required under subsection 
(a) is submitted, the Director of National Intelligence shall 
review information referred to in paragraph (1) or (2) of 
subsection (a) that is classified to determine if any of such 
information should be declassified.
  (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the Permanent Select Committee on Intelligence and the 
Committee on Appropriations of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
Appropriations of the Senate.
                              ----------                              

4. An Amendment To Be Offered by Representative Cuellar of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of title III, add the following new section:

SEC. 312. REPORT ON SECURITY RISK FOR CLASSIFIED DOCUMENTS.

  (a) Report.--Not later than one year after the date of the 
enactment of this Act, the head of each element of the 
intelligence community shall submit to Congress a report on the 
potential security risks associated with computer hardware 
acquired for use with classified information, including 
recommendations of what steps need to be taken to ensure such 
computer hardware will not be used to disclose classified 
information to an unauthorized person.
  (b) Testing Required.--The head of each element of the 
intelligence community shall, before using any computer 
hardware acquired for use with classified information, test 
such hardware to ensure such hardware provides for the proper 
security of classified information.
                              ----------                              

 5. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title IV, add the following new 
section:

SEC. 405. NATIONAL INTELLIGENCE ESTIMATE ON THE IMPACT OF REVOLUTIONS 
                    IN NORTH AFRICA AND THE MIDDLE EAST.

  Not later than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence shall submit to 
Congress a national intelligence estimate on the impact of the 
recent revolutions in North Africa and the Middle East on the 
security of the State of Israel.
                              ----------                              

6. An Amendment To Be Offered by Representative Hunter of California or 
                 His Designee, Debatable for 10 Minutes

  After section 501 (page 51, after line 18), insert the 
following new section:

SEC. 502. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES.

  (a) Strategy.--
          (1) Establishment.--The Director of National 
        Intelligence and the Secretary of Defense shall 
        establish a coordinated strategy utilizing all 
        available personnel and assets for intelligence 
        collection and analysis to identify and counter network 
        activity and operations in Pakistan and Afghanistan 
        relating to the development and use of improvised 
        explosive devices.
          (2) Contents.--The strategy established under 
        paragraph (1) shall identify--
                  (A) the networks that design improvised 
                explosive devices, provide training on 
                improvised explosive device assembly and 
                employment, and smuggle improvised explosive 
                device components into Afghanistan;
                  (B) the persons and organizations not 
                directly affiliated with insurgents in 
                Afghanistan who knowingly enable the movement 
                of commercial products and material used in 
                improvised explosive device construction from 
                factories and vendors in Pakistan into 
                Afghanistan;
                  (C) the financiers, financial networks, 
                institutions, and funding streams that provide 
                resources to the insurgency in Afghanistan; and
                  (D) the links to military, intelligence 
                services, and government officials who are 
                complicit in allowing the insurgent networks in 
                Afghanistan to operate.
  (b) Report and Implementation.--Not later than 120 days after 
the date of the enactment of this Act, the Director of National 
Intelligence and the Secretary of Defense shall--
          (1) submit to the congressional intelligence 
        committees and the Committees on Armed Services of the 
        House of Representatives and the Senate a report 
        containing the strategy established under subsection 
        (a); and
          (2) implement such strategy.
                              ----------                              

 7. An Amendment To Be Offered by Representative Carney of Delaware or 
                 His Designee, Debatable for 10 Minutes

  Insert after section 501 the following new section:

SEC. 502. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY 
                    TRANSPORTATION SECURITY.

  It is the sense of Congress that--
          (1) the nation's railway transportation (including 
        subway transit) network is broad and technically 
        complex, requiring robust communication between private 
        sector stakeholders and the intelligence community to 
        identify, monitor, and respond to threats;
          (2) the Department of Homeland Security Office of 
        Intelligence and Analysis maintains a constructive 
        relationship with other Federal agencies, state and 
        local governments, and private entities to safeguard 
        our railways; and
          (3) railway transportation security (including subway 
        transit security) should continue to be prioritized in 
        the critical infrastructure threat assessment developed 
        by the Office of Intelligence and Analysis and included 
        in threat assessment budgets of the intelligence 
        community.
                              ----------                              

8. An Amendment To Be Offered by Representative Cuellar of Texas or His 
                   Designee, Debatable for 10 Minutes

  Insert after section 501 (page 51, after line 18) the 
following new section:

SEC. 502. INCLUSION OF EFFICIENCIES AND COST SAVINGS IN ANNUAL NATIONAL 
                    SECURITY STRATEGY REPORT.

  Section 108(b) of the National Security Act of 1947 (50 
U.S.C. 404a(b)) is amended by adding at the end the following 
new paragraph:
          ``(6) Efficiencies, cost saving mechanisms, and 
        methods to streamline national, defense, and homeland 
        security intelligence capabilities.''.
                              ----------                              

      9. An Amendment To Be Offered by Representative Keating of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  After section 501 (page 51, after line 18), insert the 
following new section:

SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION CENTERS.

  It is the sense of Congress that ten years after the 
terrorist attacks upon the United States on September 11, 2001, 
the Secretary of Homeland Security, in consultation with the 
Director of National Intelligence, should continue to integrate 
and leverage fusion centers to enlist all of the intelligence, 
law enforcement, and homeland security capabilities of the 
United States in a manner that is consistent with the 
Constitution to prevent acts of terrorism against the United 
States.

                                  
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